In the aftermath of the violent and
deadly events in Charlottesville this past weekend, Governor Andrew M. Cuomo
today announced he will be advancing legislation to add the crimes of inciting
to riot and rioting that targets protected classes to the list of specified
offenses under the state's hate crimes law. These legislative
changes, known as the Charlottesville provisions, will reaffirm that while
peaceful demonstrations are allowed, New York will never tolerate advocacy or
the incitement of imminent violence against protected classes within our
communities.
"The ugly events that took place in
Charlottesville must never be repeated, and in New York we're going to stand
united against hate in all of its forms," Governor Cuomo said. "Our diversity
is our strength and this legislation will help protect New Yorkers and send a
clear signal that violence and discrimination have no place in our society. New
York is one community and one family, and we will never stop fighting to ensure
the safety and equal treatment of all New Yorkers."
Additionally, the Governor once again
called for an expansion of the state's Human Rights Law to protect all students
statewide. Under current law, only private school students are protected by the
Human Rights law, meaning that if a public school student is discriminated
against in school, that student has no claim.
The Charlottesville Provisions
Under state law, a person commits a hate
crime when one of a specified set of offenses is committed targeting victims
because of a perception or belief about their race, color, national origin,
ancestry, gender, religion, religious practice, age, disability or sexual
orientation, or when such an act is committed as a result of that type of
perception or belief. Hate crimes can be perpetrated against an individual, a
group of individuals or against public or private property. Under the
Governor's proposal, the Hate Crimes Law would be amended to add inciting to
riot and rioting, when directed at a protected class, to the list of specified
offenses punishable as a hate crime. The penalties for engaging in rioting
would be increased from an E felony to a D felony and inciting to riot would be
increased from an A misdemeanor to an E felony.
Expanding the Human Rights Law
In addition to amending the Hate Crimes
statute, the Governor is also calling on legislative action to amend the Human
Rights Law to protect all public school students and institutions from
discrimination. Following a 2012 decision by the New York State Court of
Appeals that found public schools did not fit the definition of an
"education corporation or association", the State Division of Human
Rights lost its ability to investigate reports of bullying, harassment, or
other discrimination being made by public school students. This decision was
made despite the fact that the Division had asserted jurisdiction over public
schools for nearly three decades and was forced to dismiss over 70 open
complaints filed against public schools at the time.
Governor Cuomo yesterday also signed
legislation giving prosecutors more tools to combat hate
by allowing prosecutors to increase penalties against those who make bomb
threats against community centers.
In November 2016, Governor Cuomo announced
during an address at Abyssinian Baptist Church several actions to protect civil
rights and combat hate crimes in New York, including the creation of a State
Police unit to investigate reports of hate crimes, an expansion of the state's
human rights law to protect all students, and the establishment of a new
emergency legal defense fund for immigrants. The State Police have created a
new hate crimes unit and Governor Cuomo launched the nation's first public-private
immigrant legal defense initiative called the Liberty Defense Project, but the
State legislature has not yet passed legislation expanding the Human Rights
Law.
Source: Press Office, Governor Andrew M.
Cuomo
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