Suffolk County, NY Article I Bias Acts

[Adopted 12-21-1999 by L.L. No. 1-2000]

§ 528-1 Legislative intent.

A. This Legislature hereby finds and determines that there has been an increase in the number of bias-related incidents of violence committed in Suffolk County based upon the race, color, gender, religion, national origin, age, ancestry, sexual orientation, disability, handicap or health-related condition of another individual or group of individuals.

B. This Legislature further finds that these bias-related incidences of violence are the cause of much property damage vandalism committed in the community.

C. This Legislature also determines that there should be an additional deterrent to this outrageous behavior at the local level.

D. This Legislature further finds and determines that there is a compelling interest in eradicating bias crime due to its impact on the victim, the community and society in general.

E. Therefore, the purpose of this article is to impose local civil penalties for bias-related activities in Suffolk County in order to protect the public health and safety by eliminating the epidemic of hate violence and protecting citizens from the violence it precipitates and its tragic effects on society.

§ 528-2 Definitions.

As used in this article, the following terms shall have the meanings indicated:

COMMISSION

The Suffolk County Human Rights Commission.

DEFACE

To place on any public or private property any symbol, object, characterization, appellation or graffiti, including but not limited to a burning cross, Nazi swastika, profanity or obscenity.

OF ANOTHER

Property is that "of another" if any person, other than the actor, has a possessory or proprietary interest therein.

PERSON

Any natural person, individual, corporation, unincorporated association, proprietorship, firm, partnership, joint venture, joint-stock association or other entity or business organization of any kind.

TAMPER

To interfere with something improperly, to meddle with it, displace it, make unwarranted alterations in its existing condition, or to deprive, temporarily, the owner or possessor of that thing.

§ 528-3 Bias-related activities prohibited.

A. No person shall, by reason of any motive or intent relating to, or any antipathy, animosity or hostility based upon, the race, color, gender, religion, national origin, age, ancestry, sexual orientation, disability, handicap or health-related condition of another individual or group of individuals, knowingly vandalize, deface or otherwise damage:

(1) Any church, synagogue or other building, structure or place used for religious worship or other religious purpose.

(2) Any cemetery, mortuary, military monument or other facility used for the purpose of burial or memorializing the dead.

(3) Any school, educational facility, community center, hospital or medical clinic owned or operated by a religious or sectarian group.

(4) The grounds adjacent to, and owned or rented by, any institution, facility, building, structure or other place described in Subsection A(1), (2) or (3) of this section.

(5) Any personal property contained in any institution, facility, building, structure or other place described in Subsection A(1), (2) or (3) of this section, or on the grounds of such places.

B. No person shall, by reason of any motive or intent relating to, or any antipathy, animosity or hostility based upon, the race, color, gender, religion, national origin, age, ancestry, sexual orientation, disability, handicap or health-related condition of another individual or group of individuals:

(1) Knowingly damage or threaten to damage the personal or real property of another.

(2) Tamper with the personal or real property of another for the purpose of causing substantial inconvenience to that person or another.

(3) Deface the property of another.

C. No person shall, by reason of any motive or intent relating to, or any antipathy, animosity or hostility based upon, the race, color, gender, religion, national origin, age, ancestry, sexual orientation, disability, handicap or health-related condition of another individual or group of individuals, communicate, in writing or by telephone, a threat to commit a misdemeanor, involving violence or property damage, or to commit any felony.

D. No person shall, by reason of any motive or intent relating to, or any antipathy, animosity or hostility based upon, the race, color, gender, religion, national origin, age, ancestry, sexual orientation, disability, handicap or health-related condition of another individual or group of individuals, commit an offense described in § 485.05, Subdivision 3, of the New York State Penal Law.

[Added 4-27-2010 by L.L. No. 17-2010]

E. No person shall, by reason of any motive or intent relating to or any antipathy, animosity or hostility based upon the race, color, gender, religion, national origin, age, ancestry, sexual orientation, disability, handicap or health-related condition of another individual or group of individuals, engage in a violation of § 240.50, 240.55, or 240.60 of the New York State Penal Law by falsely requesting the assistance of law enforcement or summoning law enforcement assistance in violation of § 79-n of the New York State Civil Rights Law.

[Added 10-6-2020 by L.L. No. 47-2020[1]]

[1] Editor's Note: This local law also redesignated former Subsection E as Subsection F.

F. Implementation of provisions; enforcement.

(1) The Suffolk County Human Rights Commission is hereby authorized to promulgate and issue such rules and regulations as shall be necessary and sufficient to implement this section.

(2) The Suffolk County Human Rights Commission shall enforce this section by referring the civil proceedings to the County Department of Law.

§ 528-4 Penalties for offenses.

[Amended 3-24-2009 by L.L. No. 9-2009]

A. Any person who intentionally violates any provision of this article shall be liable for a civil penalty of $5,000 for a first offense; $10,000 for a second offense, and $20,000 for a third offense. In addition, any person who intentionally violates any provision of this article shall, in the discretion of the court, also be subject to a requirement to participate in diversity training conducted by or through the Suffolk County Human Rights Commission, on such terms and conditions as may be imposed by the court.

B. Civil penalties collected under this article shall be deposited with the Suffolk County Human Rights Commission to be used to fund the Junior Human Rights Day Program ("Day Program"), with the balance of the funds to be deposited in the general fund.

C. Any civil penalty may only be assessed by the court following a hearing and opportunity for an alleged violator to be heard and upon clear and convincing evidence that the alleged violation occurred.