NY State Senate Bill 2009-S1128

Senate Bill S1128

2009-2010 Legislative Session

Protects constitutional or civil rights of people against infringement by those not acting under color of law

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 25, 2010	reported and committed to codes
May 03, 2010	notice of committee consideration - requested
Jan 06, 2010	referred to investigations and government operations
Jan 26, 2009	referred to investigations and government operations

Votes

- May 25, 2010 - Investigations And Government Operations Committee Vote
  S1128
  
  3
  
  Aye
  
  3
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Investigations And Government Operations Committee Vote: May 25, 2010
      
      aye (3)
      
      Diaz
      
      Espada
      
      Klein
      
      nay (3)
      
      Golden
      
      Nozzolio
      
      Winner
      
      aye wr (2)
      
      Johnson
      
      Stachowski

co-Sponsors

View additional co-sponsors

2009-S1128 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Civil Rights Law
Laws Affected:: Add §44-b, Civ Rts L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1761
2013-2014: S1275

2009-S1128 (ACTIVE) - Summary

Provides for protection of persons in exercise or enjoyment of rights under state and federal laws; provides for civil action by attorney general, civil action by person aggrieved, and criminal penalties; applies to defendants acting or not acting under color of law; provides for various penal sanctions in addition to civil relief

2009-S1128 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1128

 TITLE OF BILL :
An act to amend the civil rights law, in relation to protecting
constitutional or civil rights of the people


 PURPOSE :
To provide for a state statutory right to bring an action for damages
resulting from discrimination, threats or acts of violence and
intimidation, which parallels the rights of action and is found in
sections 1983 and 1984 of Title 42 of the U.S. code.

 SUMMARY OF PROVISIONS :
Adds a new section 44-b of the Civil Rights Law. Provides for
protection of persons in exercise or enjoyment of rights under state
and federal laws. Provides for civil action by persons aggrieved, and
criminal penalties.

 JUSTIFICATION :
The Civil Rights Law is one of the repositories for New York's
statutory provisions on human rights. Article 4 of the Civil Rights
40-45 establishes equal rights to access and enjoyment of places of
public accommodation such as theatres, hotels and educational
institutions.  Discrimination by owners and employees of such
establishments, which is based upon race, color, creed or national

origin, is punishable as a misdemeanor, with a fine of $100-$500 or
30-90 days in jail, or both.

Research has not revealed the existence of a state statutory right to
bring an action for damages resulting from discrimination. Therefore,
action by the legislature is imperative to provide a state remedy for
deprivation of civil rights statutes (sections 1983 and 1985 of the
U.S.  code). Recent events of racially motivated violence in this
state reveal the need for this legislation.

 FISCAL IMPLICATIONS :
None.

 LEGISLATIVE HISTORY :
2007-08: S.2911 - Referred to Investigations & Government Operations
2005-06: S.1221 - Referred to Investigations, Taxation & Government
Operations
2003-04: S.1006 - Referred to Investigations, Taxation & Government
Operations
2001-02: S.1572/A.2542 - Referred to Investigation, Taxation &
Government Operations

 EFFECTIVE DATE :
On the first of November next succeeding the date on which it shall
have become a law.

2009-S1128 (ACTIVE) - Bill Text download pdf

                            
                    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:

  Section  1.  The  civil  rights law is amended by adding a new section
44-b to read as follows:
  S 44-B. VIOLATIONS OF CONSTITUTIONAL OR CIVIL RIGHTS;  CIVIL  ACTIONS;
AND  CRIMINAL SANCTIONS. 1. LEGISLATIVE INTENT. THE LEGISLATURE DECLARES
THAT IT IS THE POLICY OF THE STATE OF NEW YORK TO ASSURE THAT EACH RESI-
DENT IS AFFORDED AN EQUAL OPPORTUNITY TO ENJOY  A  FULL  AND  PRODUCTIVE
LIFE  WITHOUT  FEAR  OF DISCRIMINATION BASED UPON RACE, RELIGION, CREED,
COLOR, SEX, SEXUAL ORIENTATION, AGE, DISABILITY OR NATIONAL ORIGIN.  THE
STATE  HAS A RESPONSIBILITY TO ACT TO PROTECT THE CONSTITUTIONALLY GUAR-
ANTEED RIGHTS OF ITS RESIDENTS. THE LEGISLATURE  NOTES  WITH  ALARM  THE
CONTINUED GROWTH IN THE STATE OF ACTS AND THREATS OF VIOLENCE AND INTIM-
IDATION, DENYING TO MEMBERS OF RACIAL, RELIGIOUS AND ETHNIC GROUPS THEIR
FUNDAMENTAL CIVIL AND HUMAN RIGHTS. ACTS WHICH DENY OR DEPRIVE OTHERS OF
THEIR  CONSTITUTIONALLY GUARANTEED RIGHTS THREATEN THE RIGHTS AND PRIVI-
LEGES OF ALL PERSONS AND UNDERMINE THE FOUNDATION OF A  FREE  DEMOCRATIC
SOCIETY.  THE  LEGISLATURE FINDS THAT ENACTMENT OF THIS LEGISLATION WILL
ENHANCE THE HEALTH, SAFETY AND WELFARE OF THE PEOPLE OF THE STATE.
  2. WHENEVER ANY PERSON OR PERSONS, WHETHER OR NOT ACTING  UNDER  COLOR
OF  LAW,  INTERFERE  BY THREATS, INTIMIDATION OR COERCION, OR ATTEMPT TO
INTERFERE BY THREATS, INTIMIDATION OR COERCION,  WITH  THE  EXERCISE  OR
ENJOYMENT  BY  ANY  OTHER  PERSON  OR  PERSONS  OF RIGHTS SECURED BY THE
CONSTITUTION OR LAWS OF THE UNITED STATES, OR OF RIGHTS SECURED  BY  THE
CONSTITUTION  OR  LAWS  OF  THIS STATE, THE ATTORNEY GENERAL MAY BRING A
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

ORDER  TO  PROTECT  THE  PEACEABLE EXERCISE OR ENJOYMENT OF THE RIGHT OR
RIGHTS SECURED. SAID CIVIL ACTION SHALL BE BROUGHT IN THE  NAME  OF  THE
PEOPLE  OF  THE STATE OF NEW YORK AND SHALL BE INSTITUTED IN THE SUPREME
COURT  FOR  THE COUNTY IN WHICH THE CONDUCT COMPLAINED OF OCCURRED OR IN
THE SUPREME COURT FOR THE COUNTY IN WHICH THE PERSON  OR  PERSONS  WHOSE
CONDUCT  COMPLAINED  OF RESIDE OR HAVE THEIR PRINCIPAL PLACE OF BUSINESS
OR IN THE SUPREME COURT FOR THE COUNTY IN WHICH THE AGGRIEVED PERSON  OR
PERSONS RESIDE.
  3.  ANY  PERSON  WHOSE  EXERCISE OR ENJOYMENT OF RIGHTS SECURED BY THE
CONSTITUTION OR LAWS OF THE UNITED STATES, OR OF RIGHTS SECURED  BY  THE
CONSTITUTION  OR  LAWS  OF  THIS  STATE,  HAS  BEEN  INTERFERED WITH, OR
ATTEMPTED TO BE INTERFERED WITH, AS DESCRIBED IN SUBDIVISION TWO OF THIS
SECTION, MAY INSTITUTE AND PROSECUTE IN HIS OR HER OWN NAME AND  ON  HIS
OR  HER  OWN  BEHALF  A CIVIL ACTION FOR INJUNCTIVE OR OTHER APPROPRIATE
EQUITABLE RELIEF, INCLUDING THE AWARD OF COMPENSATORY AND PUNITIVE MONEY
DAMAGES. ANY SUCH AGGRIEVED PERSON OR PERSONS WHO PREVAIL IN  AN  ACTION
AUTHORIZED BY THIS SECTION SHALL BE ENTITLED TO AN AWARD OF THE COSTS OF
THE  LITIGATION AND REASONABLE ATTORNEYS' FEES IN AN AMOUNT TO BE DETER-
MINED BY THE COURT.
  4. ANY PERSON CONVICTED OF VIOLATING THE PROVISIONS  OF  THIS  SECTION
SHALL BE FINED NOT MORE THAN ONE THOUSAND DOLLARS OR IMPRISONED NOT MORE
THAN  ONE  YEAR  OR  BOTH; IF BODILY INJURY RESULTS FROM SUCH VIOLATION,
SUCH PERSON SHALL BE PUNISHED BY A FINE OF NOT MORE  THAN  TEN  THOUSAND
DOLLARS  OR BY IMPRISONMENT FOR NOT MORE THAN TEN YEARS, OR BOTH; AND IF
DEATH RESULTS, SUCH PERSON SHALL BE SUBJECT TO  THE  RELEVANT  PENALTIES
PROVIDED FOR IN SECTION 70.00 OF THE PENAL LAW FOR CONVICTION OF A CLASS
A-I FELONY.
  5.  FOR  PURPOSES OF THIS SECTION, "SEXUAL ORIENTATION" MEANS HAVING A
PREFERENCE FOR HETEROSEXUALITY, HOMOSEXUALITY, BISEXUALITY OR  ASEXUALI-
TY, HAVING A HISTORY OF SUCH A PREFERENCE, OR BEING IDENTIFIED WITH SUCH
A  PREFERENCE.  HOWEVER  NOTHING  CONTAINED IN THIS SUBDIVISION SHALL BE
CONSTRUED TO PROTECT CONDUCT OTHERWISE PROSCRIBED BY LAW.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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