By The New York State Bar Association

The Task Force analyzed the newly-enacted New York State Josef Neumann Hate Crimes Domestic Terrorism Act (the “Neumann Act”), New York Penal Law § 485, which recognizes mass killings motivated by hate as acts of terrorism by creating two terrorism offenses: domestic acts of terrorism motivated by hate in the first and second degrees. The Neumann Act also amends the definition of “specified offense” in the hate crimes statute to include terrorism crimes and establishes a Domestic Terrorism Task Force comprised of members of New York government and law enforcement.

The Task Force also considered possible additional legislation to address hate crimes. First, the Task Force recommends further study of two possible changes to criminal statutes—it considered but ultimately rejected an amendment to the definition of “civilian population” in current terrorism statutes, and recommends consideration of a proposal to align New York’s definition of “material support or resources” with the federal definition. Second, the Task Force considered possible methods of addressing a rise in low-level hate-motivated offenses—it recommends further study of the proposal to attend mandatory counselling or training, and rejects the possibility of adding a rebuttable presumption of intent to § 485. Third, the Task Force recommends further study of possible civil causes of action for hate crimes and domestic terrorism, including expanded causes of action under New York State civil rights law, and amendments to New York Not-for-Profit Law, Business Corporation Law, and Limited Liability Law to prevent recovery of property from entities that provide support to terrorist causes. Fourth, the Task Force recommends an increase in law enforcement resources to prosecute hate crimes, including making hate crimes a designated offense to facilitate wiretaps and additional training of law enforcement on hate crime issues. Finally, the Task Force notes a surge in anti-Asian and anti-Semitic hate crimes amid the COVID-19 pandemic, as well as a rise in hate-motivated attacks associated with COVID-19 via online platforms. These attacks and incidents highlight the urgent need for law enforcement and lawmakers to take action to curb hate crimes.

Albany: The Bar Association, 2020/ 41p.