Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2010 |
referred to governmental operations |
Mar 11, 2009 |
referred to governmental operations |
Assembly Bill A6723
2009-2010 Legislative Session
Sponsored By
PHEFFER
Archive: Last Bill Status - In Assembly 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
Actions
2009-A6723 (ACTIVE) - Details
- Current Committee:
- Assembly Governmental Operations
- Law Section:
- Civil Rights Law
- Laws Affected:
- Add §50-f, Civ Rts L
- Versions Introduced in 2011-2012 Legislative Session:
-
A1044
2009-A6723 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6723 2009-2010 Regular Sessions I N A S S E M B L Y March 11, 2009 ___________ Introduced by M. of A. PHEFFER, GREENE, JOHN, COOK, REILLY, GALEF, JAFFEE -- Multi-Sponsored by -- M. of A. BOYLAND, GLICK, GORDON, WEIS- ENBERG -- read once and referred to the Committee on Governmental Operations AN ACT to amend the civil rights law, in relation to subcutaneous implanting of an identification device 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 50-f to read as follows: S 50-F. SUBCUTANEOUS IMPLANTING OF AN IDENTIFICATION DEVICE. 1. EXCEPT AS PROVIDED IN SUBDIVISION SEVEN OF THIS SECTION, A PERSON SHALL NOT REQUIRE, COERCE, OR COMPEL ANY OTHER INDIVIDUAL TO UNDERGO THE SUBCUTANEOUS IMPLANTING OF AN IDENTIFICATION DEVICE. 2. A. ANY PERSON WHO VIOLATES SUBDIVISION ONE OF THIS SECTION MAY BE ASSESSED AN INITIAL CIVIL PENALTY OF NO MORE THAN TEN THOUSAND DOLLARS, AND NO MORE THAN ONE THOUSAND DOLLARS FOR EACH DAY THE VIOLATION CONTIN- UES UNTIL THE DEFICIENCY IS CORRECTED. THAT CIVIL PENALTY MAY BE ASSESSED AND RECOVERED IN A CIVIL ACTION BROUGHT IN ANY COURT OF COMPE- TENT JURISDICTION. THE COURT MAY ALSO GRANT A PREVAILING PLAINTIFF REASONABLE ATTORNEY'S FEES AND LITIGATION COSTS, INCLUDING, BUT NOT LIMITED TO, EXPERT WITNESS FEES AND EXPENSES AS PART OF THE COSTS. B. A PERSON WHO IS IMPLANTED WITH A SUBCUTANEOUS IDENTIFICATION DEVICE IN VIOLATION OF SUBDIVISION ONE OF THIS SECTION MAY BRING A CIVIL ACTION FOR ACTUAL DAMAGES, COMPENSATORY DAMAGES, PUNITIVE DAMAGES, INJUNCTIVE RELIEF, ANY COMBINATION OF THOSE, OR ANY OTHER APPROPRIATE RELIEF. C. ADDITIONALLY, PUNITIVE DAMAGES MAY ALSO BE AWARDED UPON PROOF OF THE DEFENDANT'S MALICE, OPPRESSION, FRAUD, OR DURESS IN REQUIRING, COERCING, OR COMPELLING THE PLAINTIFF TO UNDERGO THE SUBCUTANEOUS IMPLANTING OF AN IDENTIFICATION DEVICE. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09898-01-9
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