New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 4 - Executive Orders (Mario M. Cuomo) › Section 4.111 - Executive Order No. 111: Directing the Attorney General to inquire into matters of bias-related crimes

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, violent criminal acts directed against persons or
					 groups because of their race, ethnicity, national origin, religion, sex, age,
					 disability, or sexual orientation are an especially pernicious form of criminal
					 conduct that damages the fundamental precepts that support and make effective
					 our democratic, pluralistic society;
WHEREAS, such criminal acts require the immediate and swift
					 attention of law enforcement officials because they have a potential to instill
					 fear for personal and family security in the affected groups, provoke
					 countermeasures that may lead to further violence, and create an environment of
					 hostility and division that is dangerous and counterproductive;
WHEREAS, the investigation and prosecution of such criminal
					 acts are facilitated by the involvement of personnel especially trained and
					 experienced in such matters and the availability of such personnel helps to
					 assure that such criminal acts are forcefully deterred through effective
					 prosecution on a consistent basis;
WHEREAS, it is therefore appropriate and in the best
					 interest of the citizens of this State to provide for a body of experts,
					 including prosecutors and investigators, specifically trained in the area of
					 crimes motivated by bias that may be called upon by any district attorney in
					 the State to assist in the investigation and prosecution of such crimes.
NOW, THEREFORE, I, Mario M. Cuomo, Governor of the State of
					 New York, by virtue of the authority vested in me by the Constitution and Laws
					 of the State of New York, and particularly by subdivision eight of section sixty three  of the Executive Law, and in accordance with the statute and law in
					 such case made and provided, find it to be in the public interest to require
					 that the Attorney General inquire, in the circumstances and manner hereafter
					 provided, into matters concerning the public peace, public safety and public
					 justice with respect to possible criminal acts committed in violation of any
					 laws of this State that may be bias-related crimes.
When making an inquiry pursuant to this order, the Attorney
					 General shall assist in the investigation of bias-related crimes in cooperation
					 with the district attorney of the county wherein the offense or a portion
					 thereof is alleged to have been committed, and assist in the prosecution of
					 such crimes upon the request of the district attorney. In providing such
					 assistance, the Attorney General shall only exercise such powers and perform
					 such duties as are approved by such district attorney. Where such assistance is
					 provided the district attorney shall retain exclusive authority to direct the
					 investigation and prosecution of the case.
For the purposes of this Executive Order, the term
bias-related crimes
shall mean acts or threatened or attempted
					 acts of intimidation, harassment or physical force directed against any person,
					 or group, or their property or advocate, motivated either in whole or in part
					 by hostility to their real or perceived race, ethnic background, national
					 origin, religious belief, sex, age, disability, or sexual orientation, with the
					 intention of deterring the free exercise or enjoyment of any rights or
					 privileges secured by the Constitution or the laws of the United States or the
					 State of New York whether or not performed under color of law.
The Attorney General is hereby so directed in person or by
					 his or her assistant or deputies to have the powers and duties specified in
					 such subdivision eight for the purpose of this order.
The Director of Criminal Justice is hereby designated and
					 directed to receive any information obtained upon such inquiry from any office
					 participating therein including such information as is contained in the weekly
					 report required to be transmitted to me pursuant to subdivision eight of
					 section sixty three  of the Executive Law. The Director of Criminal Justice is
					 further directed to transmit to the Special Prosecutor Review Committee
					 established pursuant to Executive Order 109 information obtained upon such
					 inquiry as is relevant to any pending request for the appointment of a Special
					 Prosecutor or which should be reviewed by such committee.
Signed: Mario M. Cuomo
Dated: August 11, 1988