STATE OF NEW YORK
2021-2022 Regular Sessions
January 6, 2021
Introduced by Sens. HOYLMAN, RAMOS, SALAZAR, COMRIE, GOUNARDES, KAPLAN,
SKOUFIS -- read twice and ordered printed, and when printed to be
committed to the Committee on Finance
AN ACT to amend the executive law, in relation to enacting the "hate
crimes analysis and review act"
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "hate
2 crimes analysis and review act".
3 § 2. Subdivision 4-c of section 837 of the executive law, as added by
4 chapter 107 of the laws of 2000, is amended to read as follows:
5 4-c. (a) In cooperation with the chief administrator of the courts as
6 well as any other public or private agency, including law enforcement
7 agencies, collect [and], maintain, analyze and make public statistical
8 and all other information and data with respect to the number of hate
9 crimes reported to or investigated by the division of state police, and
10 all other police or peace officers, the number of persons arrested for
11 the commission of such crimes, the offense for which the person was
12 arrested, the demographic data of the victim or victims of such crimes
13 including, but not limited to, race, color, national origin, ancestry,
14 gender, religion, religious practice, age, disability, sexual orien-
15 tation of a person, regardless of whether the belief or perception is
16 correct, or gender identity or expression, the demographic data of the
17 person or persons arrested for the commission of such crimes including,
18 but not limited to, race, color, national origin, ancestry, gender,
19 religion, religious practice, age, disability, sexual orientation of a
20 person, regardless of whether the belief or perception is correct, or
21 gender identity or expression, the county within which the arrest was
22 made and the accusatory instrument filed, the disposition of the accusa-
23 tory instrument filed, including, but not limited to, as the case may
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.
S. 70 2
1 be, dismissal, acquittal, the offense to which the defendant pled guil-
2 ty, the offense the defendant was convicted of after trial, and the
3 sentence imposed. Data collected shall be used for research or statis-
4 tical purposes only and shall not contain information that may reveal
5 the identity of any individual. The division shall include the statis-
6 tics and other information required by this subdivision in [the] an
7 annual report submitted to the governor [and legislature pursuant to
8 subdivision twelve of this section], the speaker of the assembly, the
9 temporary president of the senate, the chair of the assembly codes
10 committee, the chair of the senate codes committee, the attorney general
11 and the chief administrative judge of the office of court adminis-
12 tration. Such annual reports shall be a public record.
13 (b) As used in this section, the term "gender identity or expression"
14 shall have the same meaning as defined in subdivision thirty-five of
15 section two hundred ninety-two of this chapter.
16 § 3. This act shall take effect on the ninetieth day after it shall
17 have become a law.