S T A T E O F N E W Y O R K
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6583
2019-2020 Regular Sessions
I N S E N A T E
June 17, 2019
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Introduced by Sen. SANDERS -- 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 unlawfully summon-
ing a police officer with intent to harm another
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
77-a to read as follows:
§ 77-A. UNLAWFUL SUMMONING OF A POLICE OFFICER. 1. IT IS UNLAWFUL FOR
AN INDIVIDUAL TO KNOWINGLY CAUSE A POLICE OFFICER TO ARRIVE AT A
LOCATION OF ANOTHER WITH THE INTENT TO:
(A) INFRINGE ON THE OTHER INDIVIDUAL'S RIGHTS UNDER THE STATE OF NEW
YORK;
(B) UNLAWFULLY DISCRIMINATE AGAINST SUCH INDIVIDUAL;
(C) CAUSE THE INDIVIDUAL TO FEEL HARASSED, HUMILIATED OR EMBARRASSED;
(D) CAUSE THE INDIVIDUAL TO BE EXPELLED FROM A PLACE IN WHICH SUCH
INDIVIDUAL IS LAWFULLY LOCATED; OR
(E) DAMAGE THE INDIVIDUAL'S:
(I) REPUTATION OR STANDING WITHIN THE COMMUNITY; OR
(II) FINANCIAL, ECONOMIC, CONSUMER OR BUSINESS PROSPECTS OR INTERESTS.
2. ANY INDIVIDUAL WHO SUFFERS HARM FROM A VIOLATION OF SUBDIVISION ONE
OF THIS SECTION SHALL HAVE A CIVIL CAUSE OF ACTION IN ANY COURT OF
COMPETENT JURISDICTION AGAINST THE INDIVIDUAL WHO VIOLATED SUCH SUBDIVI-
SION.
3. THE DEFENDANT MAY BE HELD LIABLE TO THE PLAINTIFF FOR THE FOLLOWING
RELIEF:
(A) THE GREATER OF:
(I) COMPENSATORY DAMAGES, INCLUDING DAMAGES FOR INTENTIONAL INFLICTION
OF EMOTIONAL DISTRESS; OR
(II) TWO HUNDRED FIFTY DOLLARS AGAINST EACH DEFENDANT FOUND LIABLE
UNDER THIS SECTION;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13413-01-9
S. 6583 2
(B) PUNITIVE DAMAGES;
(C) ATTORNEYS' FEES AND COSTS; AND
(D) SUCH OTHER RELIEF AS A COURT MAY DEEM APPROPRIATE.
§ 2. This act shall take effect on the sixtieth day after it shall
have become a law.