Governor Cuomo signed into law a measure that would create new penalties for people who make bomb threats against community centers. The action stems from bomb threats made to Jewish Community Centers in New York and around the nation last winter.
Cuomo, in a statement, says anyone who falsely makes bomb threats to a community center can now be charged with a class A misdemeanor offense, punishable by up to a year in jail.
For Assembly Sponsor Amy Paulin, of Westchester, the bomb threats last winter became personal. Her local JCC, one mile from her home, where she swims and sends her children to classes, was among those targeted.
She says at the time that bomb threat was called in, there were toddlers, nursey school children and seniors in the building , who had to be evacuated.
“These are busy intersections and they had to march all these children to safety,” Paulin said. “And that’s scary, too.”
Senator Patrick Gallivan the bill’s sponsor in the Senate, is a former Erie County Sherriff. He says he was surprised to learn that there is no actual law against calling a bomb threat into a community center.
“Come to find out, there was not a law in place that actually covered this,” Gallivan said.
Gallivan, from Western New York, says the measure adds community centers of all types to an existing law that covers bomb threats to public gathering spaces including schools, parks and hotels.
“The legislation actually changes the definition of public place,” said Gallivan, who says now if someone calls in a false bomb threat they can be “charged with an offense under the penal law”.
In the cases last winter, an Israeli teenager was eventually caught and charged with making some of the threats as part of a profit making business on an illegal Internet site.
But the sponsors of the bill say they think in the current political climate that included three deaths in Charlottesville, Virginia during a white supremacist rally over the weekend, people are right to be worried that something like the false bomb threats might happen again.
President Trump on Monday called out the Charlottesville demonstrators, saying racism is “evil” and the KKK, neo Nazis and white supremacists are “repugnant” to American values. Trump was under pressure for not naming the groups or specifically condemning them after violence erupted Saturday.
Gallivan, a Republican, says he’s happy that the President spoke out more strongly.
Gallivan says he thought the President’s initial comments were “appropriate”, but he says he can he “understand” why some people did not think the President went far enough, and were upset.
“He’s been very strong and unequivocal,” Gallivan said.”
Paulin, a Democrat, agrees that Trump said the right things Monday, but she says it should have happened sooner.
“It’s just a little shocking that is took all this public pressure to get him to do that,” Paulin said. “We need a strong leader to call it hatred when it is. Whatever side it’s on, whoever is doing it.”
Both Paulin and Gallivan say that everyone needs to dial back the rhetoric.
GOVERNOR CUOMO TO ADVANCE 'CHARLOTTESVILLE PROVISIONS' TO NEW YORK HATE CRIME LAW
The following is from a press release from Cuomo's office:
In the aftermath of the violent and deadly events in Charlottesville this past weekend, Governor Andrew M. Cuomo today announced he will be advancing legislation to add the crimes of inciting to riot and rioting that targets protected classes to the list of specified offenses under the state's hate crimes law. These legislative changes, known as the Charlottesville provisions, will reaffirm that while peaceful demonstrations are allowed, New York will never tolerate advocacy or the incitement of imminent violence against protected classes within our communities.
"The ugly events that took place in Charlottesville must never be repeated, and in New York we're going to stand united against hate in all of its forms," Governor Cuomo said. "Our diversity is our strength and this legislation will help protect New Yorkers and send a clear signal that violence and discrimination have no place in our society. New York is one community and one family, and we will never stop fighting to ensure the safety and equal treatment of all New Yorkers."
Additionally, the Governor once again called for an expansion of the state's Human Rights Law to protect all students statewide. Under current law, only private school students are protected by the Human Rights law, meaning that if a public school student is discriminated against in school, that student has no claim.
THE CHARLOTTESVILLE PROVISIONS
Under state law, a person commits a hate crime when one of a specified set of offenses is committed targeting victims because of a perception or belief about their race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation, or when such an act is committed as a result of that type of perception or belief. Hate crimes can be perpetrated against an individual, a group of individuals or against public or private property. Under the Governor's proposal, the Hate Crimes Law would be amended to add inciting to riot and rioting, when directed at a protected class, to the list of specified offenses punishable as a hate crime. The penalties for engaging in rioting would be increased from an E felony to a D felony and inciting to riot would be increased from an A misdemeanor to an E felony.
EXPANDING THE HUMAN RIGHTS LAW
In addition to amending the Hate Crimes statute, the Governor is also calling on legislative action to amend the Human Rights Law to protect all public school students and institutions from discrimination. Following a 2012 decision by the New York State Court of Appeals that found public schools did not fit the definition of an "education corporation or association", the State Division of Human Rights lost its ability to investigate reports of bullying, harassment, or other discrimination being made by public school students. This decision was made despite the fact that the Division had asserted jurisdiction over public schools for nearly three decades and was forced to dismiss over 70 open complaints filed against public schools at the time.
