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Legislative Memos

Legislative Memo: Statute of Limitations Expansion for Certain Sex Offenses

Subject: A.2596/Markey (AN ACT to amend the criminal procedure law, in relation to the timeliness of prosecutions for certain sex offenses; and to amend the civil practice law and rules, in relation to the timeliness for commencing certain civil actions related to sex offenses) A.5708/Lopez (AN ACT to amend the criminal procedure law, in relation to the timeliness of prosecutions for certain sex offenses; to amend the civil practice law and rules and the general municipal law, in relation to the timeliness for commencing certain civil actions related to sex offenses)

Legislative Memo: Human Rights Complaints

A.3252/ Peoples et al. (AN ACT to amend the executive law, in relation to time for filing a complaint with the state division of human rights) Position: SUPPORT This bill amends the executive law to increase the time for filing a complaint with the Division of Human Rights from one to three years. The Human Rights Law allots victims of discrimination two methods of seeking recourse: they may either file an administrative complaint with the State Division of Human Rights, or pursue a civil cause of action. An administrative complaint must be made within one year after the discrimination occurred; however the filing time for the institution of a civil cause of action to recover damages for unlawful discriminatory practices is three years. Many victims of discrimination do not immediately file complaints due to fear of retaliation from the person they are filing against (employer, landlord, etc.) or are simply unaware that legal recourse is available.

Legislative Memo: Human Rights Complaints (2002)

Subject: A.4557, Sanders et al. -- AN ACT to amend the executive law, in relation to time for filing a complaint with the state division of human rights. Position: SUPPORT This bill amends the executive law to increase the time for filing a complaint with the Division of Human Rights from one to three years. The Human Rights Law allots victims of discrimination two methods of seeking recourse: they may either file an administrative complaint with the State Division of Human Rights, or pursue a civil cause of action. An administrative complaint must be made within one year after the discrimination occurred; however the filing time for the institution of a civil cause of action to recover damages for unlawful discriminatory practices is three years. Many victims of discrimination do not immediately file complaints due to fear of retaliation from the person they are filing against (employer, landlord, etc.) or are simply unaware that legal recourse is available.

Legislative Memo: Bias-Related Violence - Civil Remedy (2005)

A.3689/ Destito et al. S.3392/ Andrews et al. AN ACT to amend the civil rights law, in relation to providing a civil remedy for victims of bias-related violence or intimidations Position: Support This bill would provide the missing legal mechanism for victims of bias-related violence or intimidation to initiate a civil action against the perpetrator. It would also provide for the reimbursement of reasonable attorney's fees. Bias crimes/incidents are acts motivated by prejudice and hatred. These acts affect the fundamental rights of the victim, as well as the group of which the victim is, or is perceived to be, a member. The consequences of bias crime reach beyond the harm inflicted on an individual. Such acts also provoke fear and suspicion among the members of similarly situated minority groups. Bias crimes/incidents, therefore, pose a unique danger to society. In New York, where diversity is regarded as one of our greatest strengths, these acts undermine the very fabric of our pluralistic society and diminish our collective strength. Bias crimes/incidents cannot be condoned or ignored.

Legislative Memo: Hate Crimes Bill

A. 1573 / S. 1038 Does Not Go Far Enough AN ACT to amend the criminal procedure law, the penal law and the civil rights law, in relation to strengthening civil rights protections and to make bias related violence or intimidation a criminal offense The NYCLU recognizes and appreciates the efforts of the sponsors of this legislation to increase the penalties for acts of violence which are motivated by the prejudices of the person committing the act. However, this legislative response to a serious and widespread problem is inadequate. Consequently, the NYCLU cannot offer its unequivocal support.

Legislative Memo: Bias-Related Violence – Civil Remedy (2001)

A.1720/ Sidikman, et al. -- AN ACT to amend the civil rights law, in relation to providing a civil remedy for victims of bias-related violence or intimidations. Position: Support This bill would provide the missing legal mechanism for victims of bias-related violence or intimidation to initiate a civil action against the perpetrator. It would also provide for the reimbursement of reasonable attorney’s fees. Bias crimes/incidents are acts motivated by prejudice and hatred. These acts affect the fundamental rights of the victim, as well as the group of which the victim is, or is perceived to be, a member. The consequences of bias crime reach beyond the harm inflicted on an individual victim. Such acts also provoke fear and suspicion among the members of similarly-situated minority groups. Bias crimes/incidents, therefore, pose a unique danger to society. In New York, where diversity is regarded as one of our greatest strengths, these acts undermine the very fabric of our pluralistic society and diminish our collective strength. Bias crimes/incidents cannot be condoned or ignored.

Legislative Memo: Human Rights Complaints (2003)

Subject: A.5446/ Sanders et al. -- AN ACT to amend the executive law, in relation to time for filing a complaint with the state division of human rights. Position: SUPPORT This bill amends the executive law to increase the time for filing a complaint with the Division of Human Rights from one to three years. The Human Rights Law allots victims of discrimination two methods of seeking recourse: they may either file an administrative complaint with the State Division of Human Rights, or pursue a civil cause of action. An administrative complaint must be made within one year after the discrimination occurred; however the filing time for the institution of a civil cause of action to recover damages for unlawful discriminatory practices is three years. Many victims of discrimination do not immediately file complaints due to fear of retaliation from the person they are filing against (employer, landlord, etc.) or are simply unaware that legal recourse is available.

Legislative Memo: Bias-Related Violence – Civil Remedy (2003)

Subject: A.1740/ Sidikman et al. S.373/ Andrews -- AN ACT to amend the civil rights law, in relation to providing a civil remedy for victims of bias-related violence or intimidations. Position: SUPPORT This bill would provide the missing legal mechanism for victims of bias-related violence or intimidation to initiate a civil action against the perpetrator. It would also provide for the reimbursement of reasonable attorney’s fees. Bias crimes/incidents are acts motivated by prejudice and hatred. These acts affect the fundamental rights of the victim, as well as the group of which the victim is, or is perceived to be, a member. The consequences of bias crime reach beyond the harm inflicted on an individual. Such acts also provoke fear and suspicion among the members of similarly-situated minority groups. Bias crimes/incidents, therefore, pose a unique danger to society. In New York, where diversity is regarded as one of our greatest strengths, these acts undermine the very fabric of our pluralistic society and diminish our collective strength. Bias crimes/incidents cannot be condoned or ignored.

Legislative Memo: Strengthening Civil Rights Protections Against Bias Crimes

A.1573/Eve et al., S.1038/Goodman et al. -- An act to amend the criminal procedure law, the penal law and the civil rights law, in relation to strengthening civil rights protections and to make bias related violence or intimidation a criminal offense.
A.9478-A/Ravitz et al., S.4691-A/Goodman et al. -- An act to amend the penal law and the executive law, in relation to hate crimes.
Position: Qualified Support
These bills essentially increase penalties for acts of violence or intimidation that are motivated by the prejudice and bias of the person committing the act with the intent to deprive an individual or group of individuals of the exercise of civil rights.

Legislative Memo: Bias-Related Violence -- Civil Remedy (2003)

A.187-A/ Sidikman, et al. -- AN ACT to amend the civil rights law, in relation to providing a civil remedy for victims of bias-related violence or intimidations.
Position: Support
This bill would provide the missing legal mechanism for victims of bias-related violence or intimidation to initiate a civil action against the perpetrator. It would also provide for the reimbursement of reasonable attorney’s fees.
Bias crimes/incidents are acts motivated by prejudice and hatred. These acts affect the fundamental rights of the victim, as well as the group of which the victim is, or is perceived to be, a member. The consequences of bias crime reach beyond the harm inflicted on an individual victim. Such acts also provoke fear and suspicion among the members of similarly-situated minority groups. Bias crimes/incidents, therefore, pose a unique danger to society. In New York, where diversity is regarded as one of our greatest strengths, these acts undermine the very fabric of our pluralistic society and diminish our collective strength. Bias crimes/incidents cannot be condoned or ignored.

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