Text of RI HB 7331 (2004)

2004 -- H 7331 ======= LC00969 ======= STATE OF RHODE ISLAND IN GENERAL ASSEMBLY JANUARY SESSION, A.D. 2004 ____________ A N A C T RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY -- CAUSES OF ACTION Introduced By: Representatives Anguilla, Shavers, T Brien, Williams, and Almeida Date Introduced: January 22, 2004 Referred To: House Judiciary It is enacted by the General Assembly as follows: 1-1 SECTION 1. Section 9-1-35 of the General Laws in Chapter 9-1 entitled "Causes of 1-2 Action" is hereby amended to read as follows: 1-3 9-1-35. Civil action for ethnic or religious intimidation and/or vandalism. -- (a) Any 1-4 person, who is maliciously subjected to an act or acts which would reasonably be construed as 1-5 intended to harass or intimidate the person because of his or her race, religion, or national origin, 1-6 actual or perceived disability, religion, color, race, national origin or ancestry, sexual orientation 1-7 or gender, may bring an action in the superior court against the perpetrator of the act or acts for 1-8 compensatory damages including damages for emotional distress. The court, in its discretion, 1-9 may also restrain and enjoin such future acts by the defendant. 1-10 The attorney general may bring a civil action in the name of the state for or on behalf of 1-11 any person so subjected. Nothing in this section shall prohibit an aggrieved party from bringing 1-12 an action in their own name. 1-13 (b) Whenever any person, whether or not acting under color of law, intentionally 1-14 interferes or attempts or threatens to intentionally interfere, by physical force or violence against 1-15 a person, by damage or destruction of property or by trespass on property, with the exercise or 1-16 enjoyment by any other person of rights secured by the United States Constitution or the laws of 1-17 the United States or of rights secured by the constitution of Rhode Island or laws of the state, the 1-18 attorney general may bring a civil action for injunctive or other appropriate equitable relief in 2-1 order to protect the peaceable exercise or enjoyment of the rights secured. 2-2 (c) A civil action under this section shall be brought in the name of the state for or on 2-3 behalf of any person so aggrieved and shall be instituted in the superior court for the county 2-4 where the alleged violator resides or has a principle place of business or where the alleged 2-5 violation occurred. 2-6 (d) There is a right to a jury at the trial of an action on the merits under this section, but 2-7 there is no right to a jury at the hearing of an application for a preliminary injunction or a 2-8 temporary restraining order. This does not apply in a trial for equitable relief only. 2-9 (e) Each violation of this section is a civil violation for which a civil penalty of not more 2-10 than five thousand dollars ($5,000) for each defendant may be adjudged. These penalties must be 2-11 applied by the attorney general in carrying out this section. 2-12 (f) Each temporary restraining order or preliminary or permanent injunction issued under 2-13 this section must include a statement describing the penalties provided in this section for a 2-14 knowing violation of the order or injunction. The clerk of the superior court shall transmit one 2-15 certified copy of each order or injunction issued under this section to the appropriate law 2-16 enforcement agency having jurisdiction over locations where the defendant is alleged to have 2-17 committed the act giving rise to the action, and service of the order or injunction must be 2-18 accomplished pursuant to the Rhode Island rules of civil procedure. Unless otherwise ordered by 2-19 the court, service must be made by the delivery of the copy in hand to the defendant. 2-20 (g) There shall be established within the department of attorney general an office of civil 2-21 rights advocate. The civil rights advocate shall be appointed by the attorney general and is 2-22 authorized to perform his or her duties as the attorney general may direct. 2-23 (b) (h) If any provision or part of this section or the application thereof to any person or 2-24 circumstance is held invalid, the invalidity shall not affect other provisions or applications of the 2-25 section which can be given effect without the invalid provision or application, and to this end the 2-26 provisions or parts of this section are severable. 2-27 SECTION 2. This act shall take effect upon passage. ======= LC00969 ======= EXPLANATION BY THE LEGISLATIVE COUNCIL OF A N A C T RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY -- CAUSES OF ACTION *** 3-1 This act would allow the attorney general to bring a civil action in the name of the state 3-2 on behalf of persons subjected to ethnic or religious intimidation, and would establish within the 3-3 department of attorney general an office of civil rights advocate. 3-4 This act would take effect upon passage. ======= LC00969 ======= H7331