NYCL AGO 96-5.

• Case Date: February 23, 1996
• Court: New York

New York Attorney General Opinions 1996. AGO 96-5. February 23, 1996Informal Opinion No. 96-5Marilyn J. Slaatten, Esq. County Attorney County of Westchester Michaelian Office Bldg. Rm. 600 148 Martine Avenue White Plains, NY 10601NY CONST ART IX § 2(3); EXECUTIVE LAW § 837(4)(a); MUNICIPAL HOME RULE LAW § 10(1)(ii)(a)(12); PENAL LAW §§ 240.21, 240.30, 240.31; 18 USCA §§ 241, 245.The county is authorized to consider enacting a local law to require that municipal police departments within the county report bias-related incidents to the county's commissioner of the Department of Public Safety.Dear Ms. Slaatten: You have asked whether the county is authorized to enact a local law mandating that municipal police departments within the county report bias-related incidents to the county's commissioner of the Department of Public Safety. For purposes of this reporting requirement, the county would define a bias-related incident as an offense or unlawful act, which after investigation by law enforcement agencies, is or appears to be motivated all or in part by race, ethnicity/ national origin, religion, sexual orientation, gender, age or disability. You have advised us that the county legislature's Committee on Legislation has found that bias-related crime incidents appear to have increased within Westchester County in recent years and pose a threat to the safety and lives of county residents, impact on the quality of life within the county, and threaten the fabric of society. The Committee on Legislation specifically has defined two purposes to be served by the proposed legislation. First, dissemination of statistics gathered by county government may help communities to determine whether there are bias crime problems that require attention. Presumably, the county would gather information on the commission of bias crimes, which would be made available to police departments in municipalities throughout the county in order to promote law enforcement. Patterns of bias crimes and repetitive behavior by individuals could be viewed on a county-wide basis. The gathering of this information and its dissemination among police departments would allow cooperation among the various law enforcement agencies in the county, and may provide a useful tool for law enforcement. Second, the Committee on Legislation has stated that the...