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.
STATE OF NEW YORK
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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.
