CHAPTER TEXT:
 

 
                            LAWS OF NEW YORK, 2004
 
                                  CHAPTER 75
 
   AN  ACT  to  amend  the education law, in relation to providing for bias
     related crime prevention measures on college campuses and property
 
         Became a law May 11, 2004, with the approval of the Governor.
             Passed by a majority vote, three-fifths being present.
 
     The People of the State of New York, represented in Senate and  Assem-
   bly, do enact as follows:
 
     Section  1. Section 6430 of the education law, as added by chapter 597
   of the laws of 2003, is amended to read as follows:
     § 6430. General provisions. 1. The trustees or other  governing  board
   of every college chartered by the regents or incorporated by special act
   of  the  legislature  and  which  maintains  a  campus, unless otherwise
   provided, shall adopt written rules [and regulations]  for  implementing
   all  policies  required pursuant to this article and for the maintenance
   of public order on college campuses and other college property used  for
   educational  purposes and provide a program for the enforcement thereof.
   Such rules [and regulations] shall prohibit,  among  other  things,  any
   action  or  situation which recklessly or intentionally endangers mental
   or physical health or involves the forced consumption of liquor or drugs
   for the purpose of initiation into or affiliation with any organization.
   Such rules [and regulations]  shall  govern  the  conduct  of  students,
   faculty  and  other  staff  as  well as visitors and other licensees and
   invitees on such campuses and property.  The penalties for violations of
   such rules [and regulations] shall be  clearly  set  forth  therein  and
   shall include provisions for the ejection of a violator from such campus
   and  property,  in  the case of a student or faculty violator his or her
   suspension, expulsion, or other appropriate disciplinary action, and  in
   the  case  of an organization which authorizes such conduct, recision of
   permission for that organization to operate  on  campus  property.  Such
   penalties  shall be in addition to any penalty pursuant to the penal law
   or any other law to which a violator or organization may be subject.
     2. A copy of such rules  [and  regulations]  shall  be  given  to  all
   students  enrolled in said college and shall be deemed to be part of the
   by-laws of all organizations operating on said campus which shall review
   annually such by-laws with individuals affiliated  with  such  organiza-
   tions.
     3. [Such rules and regulations] Each college shall [be filed] annually
   file  with the department on or before the first day of July[, two thou-
   sand four, and not later than ninety days after  an  amendment  to  such
   rules  and  regulations] a certificate of compliance with the provisions
   of this article.
     4. If [the trustees or other governing board of] a  college  fails  to
   file [the rules and regulations] a certificate of compliance pursuant to
   subdivision three of this section within sixty days of the time required
   [by  this  section],  such  college shall not be eligible to receive any
   state aid or assistance until such [rules and regulations  are]  certif-
   icate of compliance is duly filed.
 
   EXPLANATION--Matter in italics is new; matter in brackets [ ] is old law
                                to be omitted.

CHAP. 75 2 5. Each college shall file a copy of all written rules adopted as required in this article with the department on or before the first day of July, two thousand four, and once every ten years thereafter. 6. Nothing contained in this article [is intended nor] shall [it]: a. be construed to limit or restrict the freedom of speech [nor] and peaceful assembly; or b. prevent or limit a college from setting forth additional standards of conduct for students. § 2. The education law is amended by adding a new section 6436 to read as follows: § 6436. Bias related crime prevention information. Each college shall inform incoming students about bias related crime prevention measures through programs which may include workshops, seminars, discussion groups, and film presentations, in order to disseminate information about bias related crime, promote discussion, encourage reporting of incidents of bias related crime, and facilitate prevention of such inci- dents. Such information shall include, but not be limited to: 1. the applicable laws, ordinances, and regulations on bias related crime, including the provisions and coverage of the hate crimes act of 2000 codified in article four hundred eighty-five of the penal law; 2. the penalties for commission of bias related crimes; 3. the procedures in effect at the college for dealing with bias related crime; 4. the availability of counseling and other support services for the victims of bias related crime; 5. the nature of and common circumstances relating to bias related crime on college campuses; and 6. the methods the college employs to advise and to update students about security procedures. § 3. This act shall take effect on the same date and in the same manner as chapter 597 of the laws of 2003 takes effect. The Legislature of the STATE OF NEW YORK ss: Pursuant to the authority vested in us by section 70-b of the Public Officers Law, we hereby jointly certify that this slip copy of this session law was printed under our direction and, in accordance with such section, is entitled to be read into evidence. JOSEPH L. BRUNO SHELDON SILVER Temporary President of the Senate Speaker of the Assembly

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