Text of NY S 1128 (2010)

S T A T E O F N E W Y O R K ________________________________________________________________________ 1128 2009-2010 Regular Sessions I N S E N A T E January 26, 2009 ___________ Introduced by Sens. PERKINS, DIAZ, DUANE, KRUEGER, ONORATO, PARKER, THOMPSON -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations AN ACT to amend the civil rights law, in relation to protecting consti- tutional or civil rights of the people 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 44-b to read as follows: 3 S 44-B. VIOLATIONS OF CONSTITUTIONAL OR CIVIL RIGHTS; CIVIL ACTIONS; 4 AND CRIMINAL SANCTIONS. 1. LEGISLATIVE INTENT. THE LEGISLATURE DECLARES 5 THAT IT IS THE POLICY OF THE STATE OF NEW YORK TO ASSURE THAT EACH RESI- 6 DENT IS AFFORDED AN EQUAL OPPORTUNITY TO ENJOY A FULL AND PRODUCTIVE 7 LIFE WITHOUT FEAR OF DISCRIMINATION BASED UPON RACE, RELIGION, CREED, 8 COLOR, SEX, SEXUAL ORIENTATION, AGE, DISABILITY OR NATIONAL ORIGIN. THE 9 STATE HAS A RESPONSIBILITY TO ACT TO PROTECT THE CONSTITUTIONALLY GUAR- 10 ANTEED RIGHTS OF ITS RESIDENTS. THE LEGISLATURE NOTES WITH ALARM THE 11 CONTINUED GROWTH IN THE STATE OF ACTS AND THREATS OF VIOLENCE AND INTIM- 12 IDATION, DENYING TO MEMBERS OF RACIAL, RELIGIOUS AND ETHNIC GROUPS THEIR 13 FUNDAMENTAL CIVIL AND HUMAN RIGHTS. ACTS WHICH DENY OR DEPRIVE OTHERS OF 14 THEIR CONSTITUTIONALLY GUARANTEED RIGHTS THREATEN THE RIGHTS AND PRIVI- 15 LEGES OF ALL PERSONS AND UNDERMINE THE FOUNDATION OF A FREE DEMOCRATIC 16 SOCIETY. THE LEGISLATURE FINDS THAT ENACTMENT OF THIS LEGISLATION WILL 17 ENHANCE THE HEALTH, SAFETY AND WELFARE OF THE PEOPLE OF THE STATE. 18 2. WHENEVER ANY PERSON OR PERSONS, WHETHER OR NOT ACTING UNDER COLOR 19 OF LAW, INTERFERE BY THREATS, INTIMIDATION OR COERCION, OR ATTEMPT TO 20 INTERFERE BY THREATS, INTIMIDATION OR COERCION, WITH THE EXERCISE OR 21 ENJOYMENT BY ANY OTHER PERSON OR PERSONS OF RIGHTS SECURED BY THE 22 CONSTITUTION OR LAWS OF THE UNITED STATES, OR OF RIGHTS SECURED BY THE 23 CONSTITUTION OR LAWS OF THIS STATE, THE ATTORNEY GENERAL MAY BRING A 24 CIVIL ACTION FOR INJUNCTIVE OR OTHER APPROPRIATE EQUITABLE RELIEF IN EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05109-01-9 S. 1128 2 1 ORDER TO PROTECT THE PEACEABLE EXERCISE OR ENJOYMENT OF THE RIGHT OR 2 RIGHTS SECURED. SAID CIVIL ACTION SHALL BE BROUGHT IN THE NAME OF THE 3 PEOPLE OF THE STATE OF NEW YORK AND SHALL BE INSTITUTED IN THE SUPREME 4 COURT FOR THE COUNTY IN WHICH THE CONDUCT COMPLAINED OF OCCURRED OR IN 5 THE SUPREME COURT FOR THE COUNTY IN WHICH THE PERSON OR PERSONS WHOSE 6 CONDUCT COMPLAINED OF RESIDE OR HAVE THEIR PRINCIPAL PLACE OF BUSINESS 7 OR IN THE SUPREME COURT FOR THE COUNTY IN WHICH THE AGGRIEVED PERSON OR 8 PERSONS RESIDE. 9 3. ANY PERSON WHOSE EXERCISE OR ENJOYMENT OF RIGHTS SECURED BY THE 10 CONSTITUTION OR LAWS OF THE UNITED STATES, OR OF RIGHTS SECURED BY THE 11 CONSTITUTION OR LAWS OF THIS STATE, HAS BEEN INTERFERED WITH, OR 12 ATTEMPTED TO BE INTERFERED WITH, AS DESCRIBED IN SUBDIVISION TWO OF THIS 13 SECTION, MAY INSTITUTE AND PROSECUTE IN HIS OR HER OWN NAME AND ON HIS 14 OR HER OWN BEHALF A CIVIL ACTION FOR INJUNCTIVE OR OTHER APPROPRIATE 15 EQUITABLE RELIEF, INCLUDING THE AWARD OF COMPENSATORY AND PUNITIVE MONEY 16 DAMAGES. ANY SUCH AGGRIEVED PERSON OR PERSONS WHO PREVAIL IN AN ACTION 17 AUTHORIZED BY THIS SECTION SHALL BE ENTITLED TO AN AWARD OF THE COSTS OF 18 THE LITIGATION AND REASONABLE ATTORNEYS' FEES IN AN AMOUNT TO BE DETER- 19 MINED BY THE COURT. 20 4. ANY PERSON CONVICTED OF VIOLATING THE PROVISIONS OF THIS SECTION 21 SHALL BE FINED NOT MORE THAN ONE THOUSAND DOLLARS OR IMPRISONED NOT MORE 22 THAN ONE YEAR OR BOTH; IF BODILY INJURY RESULTS FROM SUCH VIOLATION, 23 SUCH PERSON SHALL BE PUNISHED BY A FINE OF NOT MORE THAN TEN THOUSAND 24 DOLLARS OR BY IMPRISONMENT FOR NOT MORE THAN TEN YEARS, OR BOTH; AND IF 25 DEATH RESULTS, SUCH PERSON SHALL BE SUBJECT TO THE RELEVANT PENALTIES 26 PROVIDED FOR IN SECTION 70.00 OF THE PENAL LAW FOR CONVICTION OF A CLASS 27 A-I FELONY. 28 5. FOR PURPOSES OF THIS SECTION, "SEXUAL ORIENTATION" MEANS HAVING A 29 PREFERENCE FOR HETEROSEXUALITY, HOMOSEXUALITY, BISEXUALITY OR ASEXUALI- 30 TY, HAVING A HISTORY OF SUCH A PREFERENCE, OR BEING IDENTIFIED WITH SUCH 31 A PREFERENCE. HOWEVER NOTHING CONTAINED IN THIS SUBDIVISION SHALL BE 32 CONSTRUED TO PROTECT CONDUCT OTHERWISE PROSCRIBED BY LAW. 33 S 2. This act shall take effect on the first of November next succeed- 34 ing the date on which it shall have become a law.