Text of NY S 5923 (2009)

Skip to main content New York State Assembly Speaker Carl E. Heastie Assembly Members Legislative Info Public Hearings Speaker's Press Assembly Reports Committees & More Bill Search Home Laws Legislative Calendar Public Hearing Schedule Assembly Calendars Assembly Committee Agenda Javascript must be enabled to properly view this page. Bill No.: Summary Actions Floor Votes Memo Text S05923 Summary: BILL NOS05923 SAME ASSAME AS A00529 SPONSORPARKER COSPNSRPERKINS MLTSPNSR Add S79-n, Civ Rts L Establishes a civil remedy for victims of bias-related violence or intimidation for deprivation of a civil liberty, property damage, injury or death motivated by race, religion, national origin, sex, disability, age or sexual orientation to recover actual damages, injunctive relief or other appropriate remedy; includes attorneys fees. Go to top S05923 Actions: BILL NOS05923 06/18/2009REFERRED TO RULES 01/06/2010REFERRED TO CODES 06/02/20101ST REPORT CAL.713 06/03/20102ND REPORT CAL. 06/07/2010ADVANCED TO THIRD READING 06/08/2010SUBSTITUTED BY A529 A00529 AMEND= Destito (MS) 01/07/2009referred to governmental operations 03/24/2009reported referred to codes 03/31/2009reported 04/02/2009advanced to third reading cal.278 04/27/2009passed assembly 04/27/2009delivered to senate 04/27/2009REFERRED TO CODES 01/06/2010DIED IN SENATE 01/06/2010RETURNED TO ASSEMBLY 01/06/2010ordered to third reading cal.37 04/21/2010passed assembly 04/21/2010delivered to senate 04/21/2010REFERRED TO CODES 06/08/2010SUBSTITUTED FOR S5923 06/08/20103RD READING CAL.713 06/15/2010PASSED SENATE 06/15/2010RETURNED TO ASSEMBLY 07/19/2010delivered to governor 07/30/2010signed chap.227 08/06/2010approval memo.7Go to top S05923 Floor Votes: There are no Assembly votes for this bill in this legislative session.Go to top S05923 Text: STATE OF NEW YORK ________________________________________________________________________ 5923 2009-2010 Regular Sessions IN SENATE June 18, 2009 ___________ Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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 § 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- 21 faction of the court or justice that the respondent has, in fact, 22 violated this section, an injunction may be issued by such court or 23 justice, enjoining and restraining any further violation, without 24 requiring proof that any person has, in fact, been injured or damaged 25 thereby. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03311-01-9 S. 5923 2 1 3. Whenever there shall be a violation of this section, an application 2 may be made by the attorney general in the name of the people of the 3 state of New York to a court or justice having jurisdiction for an 4 injunction to enjoin and restrain the continuance of such activity. In 5 connection with any such application, the attorney general is authorized 6 to take proof and determine the relevant facts and to issue subpoenas in 7 accordance with the civil practice law and rules. 8 4. In any such action or proceeding, the court, in its discretion, may 9 allow the party commencing such action or proceeding, if such party 10 prevails, reasonable attorneys' fees as part of the costs. 11 § 2. This act shall take effect on the thirtieth day after it shall 12 have become a law. Go to top Sitemap Request Information Directions and Maps