Senate Bill S4689A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4689
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 20, 2019
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the civil rights law and the executive law, in  relation
   to harassment through electronic communication
 
   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  16
 to read as follows:
   §  16.  PROTECTION OF SPEECH AND RELIGIOUS RIGHTS. NO PERSON MAY WILL-
 FULLY INJURE OR INTERFERE WITH,  NOR  WILLFULLY  ATTEMPT  TO  INJURE  OR
 INTERFERE  WITH, ANY OTHER PERSON IN SUCH OTHER PERSON'S LAWFUL EXERCISE
 OF ANY RIGHT OF FREE SPEECH OR RELIGION SECURED BY THE  CONSTITUTION  OR
 LAWS  OF  NEW  YORK  STATE  OR BY THE CONSTITUTION OR LAWS OF THE UNITED
 STATES.  IN ADDITION TO ANY OTHER CAUSE OF ACTION AND  REMEDY  THAT  MAY
 EXIST,  ANY PERSON AGGRIEVED BY A VIOLATION OF THIS SECTION SHALL HAVE A
 CAUSE OF ACTION FOR INJUNCTIVE RELIEF.
   § 2. Section 840 of the executive law  is  amended  by  adding  a  new
 subdivision 6 to read as follows:
   6. THE COUNCIL SHALL, IN ADDITION:
   (A) DEVELOP, MAINTAIN, AND DISSEMINATE WRITTEN POLICIES AND PROCEDURES
 REGARDING  CURRENT  INTERNET  TECHNOLOGY  AND HOW SUCH TECHNOLOGY MAY BE
 USED TO PERPETRATE HARASSMENT OR OTHER CRIMES. SUCH POLICIES AND  PROCE-
 DURES  SHALL  MAKE  PROVISIONS FOR THE EDUCATION AND TRAINING OF NEW AND
 VETERAN POLICE OFFICERS; AND
   (B) RECOMMEND TO THE GOVERNOR, RULES AND REGULATIONS WITH  RESPECT  TO
 THE  ESTABLISHMENT  AND IMPLEMENTATION ON AN ONGOING BASIS OF A TRAINING
 PROGRAM FOR ALL CURRENT AND NEW POLICE OFFICERS REGARDING  THE  POLICIES
 AND  PROCEDURES  ESTABLISHED  PURSUANT  TO  THIS SUBDIVISION, ALONG WITH
 RECOMMENDATIONS FOR PERIODIC RETRAINING OF POLICE OFFICERS.
   § 3. Subdivision 2 of section 79-n of the civil rights law,  as  added
 by chapter 227 of the laws of 2010, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01431-03-9

 S. 4689                             2
 
   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 OR COMMITS HARASSMENT AS DEFINED IN  SECTION  240.25
 OF  THE PENAL LAW 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 satisfac-
 tion 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.
   § 4. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.