S 3999: Enacts the "New York accountability in reporting act"; establishes the crimes of offering a false report for filing in the second degree and offering a false report for filing in the first degree; requires the creation of public databases for false reporting; provides for a civil remedy for convictions of such crimes.

  
  STATE OF NEW YORK ________________________________________________________________________ 3999 2025-2026 Regular Sessions  IN SENATE January 31, 2025 ___________ Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, the executive law and the civil rights law, in relation to enacting the "New York accountability in reporting act" The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "New York accountability in reporting act". 3 § 2. The penal law is amended by adding two new sections 175.50 and 4 175.55 to read as follows: 5 § 175.50 Offering a false report for filing in the second degree. 6 A person is guilty of offering a false report for filing in the second 7 degree when, having previously been disciplined by their employer for 8 filing a false report, and knowing that a written report contains a 9 false statement or information about another person, in whole or in 10 substantial part because of a belief or perception regarding the race, 11 color, national origin, ancestry, gender, religion, religious practice, 12 age, disability or sexual orientation of such other person, the person 13 offers or presents such report to their employer with the knowledge or 14 belief that it will be filed with, registered or recorded in or other- 15 wise become a part of the records of such employer. For the purposes of 16 this section, "person" means an individual employed by any state or 17 municipal office, agency or department. 18 Offering a false report for filing in the second degree is a class A 19 misdemeanor. 20 § 175.55 Offering a false report for filing in the first degree. 21 A person is guilty of offering a false report for filing in the first 22 degree when having previously been convicted of offering a false report 23 for filing in the second degree and having previously been placed on 24 unpaid leave by their employer for filing a later false report, such EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07118-01-5 
 S. 3999 2 1 person, knowing that a written report contains a false statement or 2 information about another person, in whole or in substantial part 3 because of a belief or perception regarding the race, color, national 4 origin, ancestry, gender, religion, religious practice, age, disability 5 or sexual orientation of such other person, offers or presents such 6 report to their employer with the knowledge or belief that it will be 7 filed with, registered or recorded in or otherwise become a part of the 8 records of such employer. For the purposes of this section, "person" 9 means an individual employed by any state or municipal office, agency or 10 department. 11 Offering a false report for filing in the first degree is a class E 12 felony. 13 § 3. The executive law is amended by adding a new section 76 to read 14 as follows: 15 § 76. False reporting database. The attorney general shall establish a 16 public, searchable database of all convictions under section 175.50 17 (offering a false report for filing in the second degree), section 18 175.55 (offering a false report for filing in the second degree), 19 section 240.50 (falsely reporting an incident in the third degree), 20 section 240.55 (falsely reporting an incident in the second degree), 21 and section 240.60 (falsely reporting an incident in the first degree) 22 of the penal law where a person committed the offense in whole or 23 in substantial part because of a belief or perception regarding the 24 race, color, national origin, ancestry, gender, gender identity or 25 expression, religion, religious practice, age, disability or sexual 26 orientation of a person, regardless of whether the belief or percep- 27 tion is correct. 28 § 4. Subdivision 2 of section 79-n of the civil rights law, as amended 29 by chapter 213 of the laws of 2022, is amended to read as follows: 30 2. Any person who intentionally selects a person or property for harm 31 or causes damage to the property of another or causes physical injury or 32 death to another, or subjects a person to conduct that would constitute 33 harassment under section 240.25 of the penal law, or subjects a person 34 to conduct that results in a conviction under section 175.50 (offering a 35 false report for filing in the second degree), section 175.55 (offering 36 a false report for filing in the second degree), section 240.50 37 (falsely reporting an incident in the third degree), section 240.55 38 (falsely reporting an incident in the second degree), and section 240.60 39 (falsely reporting an incident in the first degree) of the penal law, or 40 summons a police officer or peace officer without reason to suspect a 41 violation of the penal law, any other criminal conduct, or an imminent 42 threat to a person or property, in whole or in substantial part because 43 of a belief or perception regarding the race, color, national origin, 44 ancestry, gender, religion, religious practice, age, disability or sexu- 45 al orientation of a person, regardless of whether the belief or percep- 46 tion is correct, or any person who aids or incites any such conduct, 47 shall be liable, in a civil action or proceeding maintained by such 48 individual or group of individuals, for injunctive relief, damages, or 49 any other appropriate relief in law or equity. If it shall appear to the 50 satisfaction of the court or justice that the respondent has, in fact, 51 violated this section, an injunction may be issued by such court or 52 justice, enjoining and restraining any further violation, without 53 requiring proof that any person has, in fact, been injured or damaged 54 thereby. For the purposes of this subdivision, a person lacks reason to 55 suspect a violation of the penal law, any other criminal conduct, or an 
 S. 3999 3 1 imminent threat to a person or property where a reasonable person would 2 not suspect such violation, conduct, or threat. 3 § 5. This act shall take effect on the one hundred eightieth day after 4 it shall have become a law.