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Senate Bill S5923

Signed By Governor

2009-2010 Legislative Session

Establishes a civil remedy for victims of bias-related violence

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Archive: Last Bill Status Via A529 - Signed by Governor

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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

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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