Text of NY A 529 (2010)

S T A T E O F N E W Y O R K ________________________________________________________________________ 529 2009-2010 Regular Sessions I N A S S E M B L Y (PREFILED) January 7, 2009 ___________ Introduced by M. of A. DESTITO, COLTON, DINOWITZ, ROBINSON, CYMBROWITZ, WRIGHT, DelMONTE, LANCMAN, WEINSTEIN -- Multi-Sponsored by -- M. of A. ABBATE, ALFANO, BARRA, BOYLAND, CAHILL, CANESTRARI, COOK, FARRELL, GALEF, GLICK, GOTTFRIED, HEASTIE, JACOBS, JAFFEE, JOHN, V. LOPEZ, MAYERSOHN, PHEFFER, P. RIVERA, SWEENEY, TOWNS -- read once and referred to the Committee on Governmental Operations AN ACT to amend the civil rights law, in relation to providing a civil remedy for victims of bias-related violence or intimidations THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The civil rights law is amended by adding a new section 2 79-n to read as follows: 3 S 79-N. BIAS-RELATED VIOLENCE OR INTIMIDATION; CIVIL REMEDY. 1. THE 4 FOLLOWING DEFINITIONS ARE APPLICABLE TO THIS SECTION: 5 (A) THE TERM "DISABILITY" MEANS A PHYSICAL OR MENTAL IMPAIRMENT THAT 6 SUBSTANTIALLY LIMITS A MAJOR LIFE ACTIVITY. 7 (B) THE TERM "AGE" MEANS SIXTY YEARS OF AGE OR MORE. 8 (C) THE TERM "SEXUAL ORIENTATION" MEANS A PERSON'S ACTUAL OR PERCEIVED 9 HOMOSEXUALITY, HETEROSEXUALITY, OR BISEXUALITY. 10 (D) THE TERM "GENDER" MEANS A PERSON'S ACTUAL OR PERCEIVED SEX AND 11 SHALL INCLUDE A PERSON'S GENDER IDENTITY OR EXPRESSION. 12 2. ANY PERSON WHO INTENTIONALLY SELECTS A PERSON OR PROPERTY FOR HARM 13 OR CAUSES DAMAGE TO THE PROPERTY OF ANOTHER OR CAUSES PHYSICAL INJURY OR 14 DEATH TO ANOTHER IN WHOLE OR IN SUBSTANTIAL PART BECAUSE OF A BELIEF OR 15 PERCEPTION REGARDING THE RACE, COLOR, NATIONAL ORIGIN, ANCESTRY, GENDER, 16 RELIGION, RELIGIOUS PRACTICE, AGE, DISABILITY OR SEXUAL ORIENTATION OF A 17 PERSON, REGARDLESS OF WHETHER THE BELIEF OR PERCEPTION IS CORRECT, SHALL 18 BE LIABLE, IN A CIVIL ACTION OR PROCEEDING MAINTAINED BY SUCH INDIVIDUAL 19 OR GROUP OF INDIVIDUALS, FOR INJUNCTIVE RELIEF, DAMAGES, OR ANY OTHER 20 APPROPRIATE RELIEF IN LAW OR EQUITY. IF IT SHALL APPEAR TO THE SATIS- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. A LBD03311-01-9 A. 529 2 1 FACTION OF THE COURT OR JUSTICE THAT THE RESPONDENT HAS, IN FACT, 2 VIOLATED THIS SECTION, AN INJUNCTION MAY BE ISSUED BY SUCH COURT OR 3 JUSTICE, ENJOINING AND RESTRAINING ANY FURTHER VIOLATION, WITHOUT 4 REQUIRING PROOF THAT ANY PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED 5 THEREBY. 6 3. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION 7 MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE 8 STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION FOR AN 9 INJUNCTION TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH ACTIVITY. IN 10 CONNECTION WITH ANY SUCH APPLICATION, THE ATTORNEY GENERAL IS AUTHORIZED 11 TO TAKE PROOF AND DETERMINE THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN 12 ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES. 13 4. IN ANY SUCH ACTION OR PROCEEDING, THE COURT, IN ITS DISCRETION, MAY 14 ALLOW THE PARTY COMMENCING SUCH ACTION OR PROCEEDING, IF SUCH PARTY 15 PREVAILS, REASONABLE ATTORNEYS' FEES AS PART OF THE COSTS. 16 S 2. This act shall take effect on the thirtieth day after it shall 17 have become a law.