NYS Bar Association proposes expansion of hate crime statute amid rising incidents

January 22, 2024 Robert Abruzzese, Courthouse Editor

The New York City Bar Association. Brooklyn Eagle file photo

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In response to the alarming increase in hate crimes in New York and across the nation, the New York State Bar Association is advocating for significant legal reforms through the proposed Hate Crimes Modernization Act.

The act aims to broaden the scope of offenses classified as hate crimes, adding charges such as graffiti, criminal obstruction of breathing and third-degree rape to the list. This initiative is part of the recommendations from the association’s Task Force on Combating Antisemitism and Anti-Asian Hate, which also suggests improvements in reporting, prosecuting hate crimes, and combating hate speech online.

“Hate does not belong in our communities, and the victims of hate crimes — no matter what their race or religion is — need the law to take their pain seriously,” said Richard Lewis, president of the New York State Bar Association.

“As antisemitism and anti-Asian hate have increased, this has become more important,” Lewis said. “I thank the task force for their thorough examination of existing law and laying the groundwork for improvement. We urge the Legislature to pass the Hate Crimes Modernization Act, along with all other necessary changes that this task force has identified.”

Pauline Yeung-Ha, trustee at the Brooklyn Bar Association, serves on the Task Force on Combating Antisemitism and Anti-Asian Hate, which issued a report that the NYSBA's governing body, the House of Delegates, approved on Friday.Photo: Mario Belluomo/Brooklyn Eagle — Pauline Yeung-Ha, trustee at the Brooklyn Bar Association, serves on the Task Force on Combating Antisemitism and Anti-Asian Hate, which issued a report that the NYSBA’s governing body, the House of Delegates, approved on Friday.
Photo: Mario Belluomo/Brooklyn Eagle

These recommendations come against a backdrop of growing antisemitic and anti-Asian incidents. The Anti-Defamation League reported a sharp increase in antisemitic incidents following the Oct. 7 attack on Israel by Hamas, with an average of nearly 28 incidents per day. Similarly, Anti-Asian hate crimes in New York City surged by 800 percent in the first year of the COVID-19 pandemic, a trend that has persisted.

The association urges the Legislature to pass the Hate Crimes Modernization Act alongside other necessary legal changes identified by the task force.

The Bar Association’s proposals include clarifying the definition of hate crimes, passing the Stop Hiding Hate Act to hold social media companies accountable for moderating hate speech, and adopting new measures for better documentation and reporting of hate crimes. It also recommends enforcing compliance with the Dignity for All Students Act and refining the language in New York’s Hate Crime Act to remove ambiguities in hate crime prosecution.

Task force co-chairs Brian Cohen and Vincent Chang underscored the importance of updating the law to reflect the reality of hate crimes and improving mechanisms for identifying and prosecuting such offenses. The task force’s thorough report and recommendations aim to equip police, lawyers and other authorities with the necessary tools to effectively address and reduce hate crimes in the community.

“Many crimes can be hate crimes, as long as the motive and intent are there,” said Brian Cohen, a partner at Lachtman Cohen & Belowich, who served as co-chair of the task force. “Catching the law up to this reality will go a long way in making our communities safer. I’m proud to say that we have the New York State Bar Association’s full support in this effort, and I hope we see our proposed changes soon passed into law.”

“The first step to fighting hate is identifying it,” added co-chair Vincent Chang, counsel at Davis Polk. “Aiding local authorities in sharing accurate information about the number of hate crimes is part of that step. We hope that the proposed legislation gives police, lawyers, and others the tools they need to prosecute hate crimes. I thank the task force members for their dedication and hard work in putting together this thoughtful and thorough report.”