Increases the monetary penalties for the crimes of aggravated harassment in the first or second degrees or for discrimination; provides that such penalty shall be not less than five hundred dollars nor more than twenty-five hundred dollars for the first violation and not less than twenty-five hundred dollars nor more than twelve thousand five hundred dollars for each subsequent violation.
Summary
This bill amends section 40-d of the Civil Rights Law to increase the civil monetary penalties for violations involving aggravated harassment or discrimination. For a first violation, the penalty would rise from a range of $100 to $500 to a range of $500 to $2,500. For each subsequent violation, the penalty would increase to a range of $2,500 to $12,500. The bill also changes the criminal classification for violations of the referenced provisions: instead of a class A misdemeanor, a first violation would be a class E felony, and any subsequent violation would be a class D felony.
The bill applies to violations of the Civil Rights Law provisions and related Penal Law sections concerning aggravated harassment and discrimination, and it authorizes recovery of the civil penalty by the aggrieved person in court. It also requires notice to the attorney general before or at the commencement of an action under the section. The act would take effect on November 1 following enactment.
Impact
The bill would significantly strengthen penalties under Civil Rights Law section 40-d by increasing both civil fines and criminal exposure for conduct covered by the statute. It would raise the financial consequences for individuals or entities found liable for aggravated harassment or discrimination and elevate the offense level from misdemeanor to felony status, affecting enforcement, prosecution, and civil litigation under the referenced civil rights and penal law provisions.
Sentiment
No committee transcript or vote record is available, so there is no direct evidence of legislative debate or recorded support/opposition. Based on the bill text and caption, the measure appears to be framed as a tougher enforcement response to harassment and discrimination, suggesting a punitive and deterrence-oriented policy approach. The absence of recorded discussion means the overall sentiment cannot be assessed beyond the bill’s apparent intent.
Contention
The main point of contention is likely the severity of the proposed penalties, especially the shift from a class A misdemeanor to a class E felony for a first violation and class D felony for later violations. Supporters would likely view the bill as necessary to deter aggravated harassment and discrimination and to provide stronger remedies for victims, while opponents may argue that the penalties are too harsh, could expand criminal liability too broadly, or may have unintended consequences in enforcement and prosecution.