Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Aug 06, 2010 |
approval memo.7 |
Jul 30, 2010 |
signed chap.227 |
Jul 19, 2010 |
delivered to governor |
Jun 15, 2010 |
returned to assembly passed senate |
Jun 08, 2010 |
3rd reading cal.713 substituted for s5923 |
Jun 08, 2010 |
substituted by a529 |
Jun 07, 2010 |
advanced to third reading |
Jun 03, 2010 |
2nd report cal. |
Jun 02, 2010 |
1st report cal.713 |
Jan 06, 2010 |
referred to codes |
Jun 18, 2009 |
referred to rules |
Senate Bill S5923
Signed By Governor2009-2010 Legislative Session
Sponsored By
(D, WF) 21st Senate District
Archive: Last Bill Status Via A529 - Signed by Governor
- 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
Actions
Votes
co-Sponsors
(D, WF) Senate District
2009-S5923 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A529
- Law Section:
- Civil Rights Law
- Laws Affected:
- Add ยง79-n, Civ Rts L
2009-S5923 (ACTIVE) - Summary
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.
2009-S5923 (ACTIVE) - Sponsor Memo
BILL NUMBER:S5923 REVISED 06/15/10 TITLE OF BILL: An act to amend the civil rights law, in relation to providing a civil remedy for victims of bias-related violence or intimidations PURPOSE OR GENERAL IDEA OF BILL: Currently, there exists no civil remedy for victims of bias-related acts. This bill would provide the vehicle necessary for someone to initiate a civil action against a perpetrator of bias-related violence or intimidation. SUMMARY OF SPECIFIC PROVISIONS: Section one amends the civil rights law by adding a new section 79-n, which established a civil remedy for bias related violence. Section one gives definitions for "disability', "age", "sexual orientation" and "gender". Section two of the bill provides that any person who intentionally causes damage to the property of another or causes physical injury or death to another because of a belief or perception regarding that person's race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation shall be liable in a civil action or proceeding maintained by such individual or group, or by the New York State Attorney General for injunctive
2009-S5923 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5923 2009-2010 Regular Sessions I N S E N A T E 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: Section 1. The civil rights law is amended by adding a new section 79-n to read as follows: S 79-N. BIAS-RELATED VIOLENCE OR INTIMIDATION; CIVIL REMEDY. 1. THE FOLLOWING DEFINITIONS ARE APPLICABLE TO THIS SECTION: (A) THE TERM "DISABILITY" MEANS A PHYSICAL OR MENTAL IMPAIRMENT THAT SUBSTANTIALLY LIMITS A MAJOR LIFE ACTIVITY. (B) THE TERM "AGE" MEANS SIXTY YEARS OF AGE OR MORE. (C) THE TERM "SEXUAL ORIENTATION" MEANS A PERSON'S ACTUAL OR PERCEIVED HOMOSEXUALITY, HETEROSEXUALITY, OR BISEXUALITY. (D) THE TERM "GENDER" MEANS A PERSON'S ACTUAL OR PERCEIVED SEX AND SHALL INCLUDE A PERSON'S GENDER IDENTITY OR EXPRESSION. 2. ANY PERSON WHO INTENTIONALLY SELECTS A PERSON OR PROPERTY FOR HARM OR CAUSES DAMAGE TO THE PROPERTY OF ANOTHER OR CAUSES PHYSICAL INJURY OR DEATH TO ANOTHER IN WHOLE OR IN SUBSTANTIAL PART BECAUSE OF A BELIEF OR PERCEPTION REGARDING THE RACE, COLOR, NATIONAL ORIGIN, ANCESTRY, GENDER, RELIGION, RELIGIOUS PRACTICE, AGE, DISABILITY OR SEXUAL ORIENTATION OF A PERSON, REGARDLESS OF WHETHER THE BELIEF OR PERCEPTION IS CORRECT, SHALL BE LIABLE, IN A CIVIL ACTION OR PROCEEDING MAINTAINED BY SUCH INDIVIDUAL OR GROUP OF INDIVIDUALS, FOR INJUNCTIVE RELIEF, DAMAGES, OR ANY OTHER APPROPRIATE RELIEF IN LAW OR EQUITY. IF IT SHALL APPEAR TO THE SATIS- FACTION OF THE COURT OR JUSTICE THAT THE RESPONDENT HAS, IN FACT, VIOLATED THIS SECTION, AN INJUNCTION MAY BE ISSUED BY SUCH COURT OR JUSTICE, ENJOINING AND RESTRAINING ANY FURTHER VIOLATION, WITHOUT REQUIRING PROOF THAT ANY PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03311-01-9
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