Assembly Bill A9136

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9136
 
                           I N  A S S E M B L Y
 
                             January 31, 2022
                                ___________
 
 Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
   Committee on Governmental Operations
 
 AN ACT to amend the executive law, in relation to  defining  immigration
   status;  and  to  amend  the civil rights law, in relation to defining
   immigration status and providing a civil remedy for any harm or damage
   to the property or person of another due to  a  belief  or  perception
   regarding such person's immigration status
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 292 of the executive law is amended by adding a new
 subdivision 40 to read as follows:
   40. THE TERM "IMMIGRATION STATUS", WHEN USED IN THIS ARTICLE, MEANS  A
 PERSON'S  POSSESSION  OR NON-POSSESSION OF CERTIFICATION, DOCUMENTATION,
 OR AUTHORIZATION TO BE PRESENT IN THE UNITED STATES FOR  A  SPECIFIC  OR
 UNDETERMINED PERIOD OF TIME, AS AN ALIEN LAWFULLY ADMITTED FOR PERMANENT
 RESIDENCE  AS DEFINED IN 8 U.S.C. § 1101(A)(20), A REFUGEE AS DEFINED IN
 8 U.S.C. § 1101(A)(42), AN ALIEN WHO HAS BEEN GRANTED ASYLUM PURSUANT TO
 8 U.S.C. § 1158, AN ALIEN THAT HAS BEEN LAWFULLY ADMITTED FOR  TEMPORARY
 RESIDENCE PURSUANT TO 8 U.S.C.  § 1255A, OR ANY OTHER RELATED STATUS.
   §  2.  Subdivision 8 of section 292 of the executive law is amended to
 read as follows:
   8. The term "national origin" shall, for the purposes of this article,
 include "ancestry[.]" AND SHALL ALSO INCLUDE IMMIGRATION STATUS AS  SUCH
 TERM IS DEFINED IN THIS ARTICLE. HOWEVER, NOTHING CONTAINED HEREIN SHALL
 BE  CONSTRUED TO PROHIBIT VERIFICATION OF A PERSON'S IMMIGRATION STATUS,
 NOR SHALL ANY ADVERSE ACTION BE  PROHIBITED  WHEN  BASED  UPON  VERIFIED
 IMMIGRATION STATUS AS REQUIRED BY FEDERAL LAW.
   §  3.  Subdivision 1 of section 79-n of the civil rights law, as added
 by chapter 227 of the laws of 2010, is amended by adding a new paragraph
 (e) to read as follows:
   (E) THE TERM "IMMIGRATION STATUS" MEANS A PERSON'S POSSESSION OR  NON-
 POSSESSION OF CERTIFICATION, DOCUMENTATION, OR AUTHORIZATION TO BE PRES-
 ENT  IN THE UNITED STATES FOR A SPECIFIC OR UNDETERMINED PERIOD OF TIME,
 AS AN ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE AS  DEFINED  IN  8
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03524-02-2
 A. 9136                             2
 
 U.S.C. § 1101(A)(20), A REFUGEE AS DEFINED IN 8 U.S.C. § 1101(A)(42), AN
 ALIEN  WHO  HAS BEEN GRANTED ASYLUM PURSUANT TO 8 U.S.C. §1158, AN ALIEN
 THAT HAS BEEN LAWFULLY ADMITTED FOR TEMPORARY RESIDENCE  PURSUANT  TO  8
 U.S.C.  § 1255A, OR ANY OTHER RELATED STATUS.
   § 4. Subdivision 2 of section 79-n of the civil rights law, as amended
 by chapter 93 of the laws of 2020, is amended to read as follows:
   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 summons a police officer or  peace  officer  without
 reason  to  suspect  a  violation  of  the penal law, any other criminal
 conduct, or an imminent threat to a person or property, in whole  or  in
 substantial  part  because of a belief or perception regarding the race,
 color, national origin, IMMIGRATION STATUS, 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.  For  the
 purposes  of  this  subdivision,  a  person  lacks  reason  to suspect a
 violation of the penal law, any other criminal conduct, or  an  imminent
 threat  to  a  person  or  property  where a reasonable person would not
 suspect such violation, conduct, or threat.
   § 5. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.