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A00529 Summary:

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A00529 Floor Votes:

A00529 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           529
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (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    § 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    § 2. This act shall take effect on the thirtieth day  after  it  shall
    17  have become a law.