Assembly Bill A529

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   529

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (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:

  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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

A                                                          LBD03311-01-9

A. 529                              2

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.
  3. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF  THE  PEOPLE  OF  THE
STATE  OF  NEW  YORK  TO  A  COURT OR JUSTICE HAVING JURISDICTION FOR AN
INJUNCTION TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH  ACTIVITY.  IN
CONNECTION WITH ANY SUCH APPLICATION, THE ATTORNEY GENERAL IS AUTHORIZED
TO TAKE PROOF AND DETERMINE THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN
ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
  4. IN ANY SUCH ACTION OR PROCEEDING, THE COURT, IN ITS DISCRETION, MAY
ALLOW  THE  PARTY  COMMENCING  SUCH  ACTION OR PROCEEDING, IF SUCH PARTY
PREVAILS, REASONABLE ATTORNEYS' FEES AS PART OF THE COSTS.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law.