The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9039
 
                             I N  S E N A T E
 
                                May 4, 2022
                                ___________
 
 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,  in  relation  to  establishing  a
   cause of action for unlawful interference with protected rights
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. This act shall be known and may be cited  as  the  "freedom
 from  interference  with  reproductive and endocrine health advocacy and
 travel exercise act", or the "FIRE HATE act".
   § 2. The legislature finds that the rights of  the  residents  of  the
 state  of  New  York  are imperiled by actions which would attempt to or
 purport to prevent or limit travel to  New  York  for  the  exercise  of
 rights  protected by the New York state constitution and the laws of the
 state of New York, or which would put those who travel to  New  York  at
 risk of civil actions and criminal actions brought in courts outside the
 state  of  New York seeking to punish or impose civil liability on indi-
 viduals for traveling to New  York  to  exercise  individual  and  human
 rights  protected  within  the state of New York.  The legislature finds
 that imposing such liability creates distinct harm within the  state  of
 New York.
   §  3.  The civil rights law is amended by adding a new section 70-b to
 read as follows:
   § 70-B. UNLAWFUL INTERFERENCE WITH PROTECTED RIGHTS.  1.  A  CLAIM  OF
 UNLAWFUL  INTERFERENCE  WITH  PROTECTED RIGHTS IS ESTABLISHED UNDER THIS
 SECTION. SUCH CLAIM SHALL ARISE WHEN A PERSON DEMONSTRATES  THAT  HE  OR
 SHE  EXERCISED  OR  ATTEMPTED    TO EXERCISE A RIGHT PROTECTED UNDER THE
 CONSTITUTION OF THE STATE OF NEW YORK AND/OR LAWS OF THE  STATE  OF  NEW
 YORK,  TO OBTAIN MEDICAL CARE, WHETHER INVOLVING  REPRODUCTIVE OR ENDOC-
 RINE FUNCTION, AND SUCH ACTION RESULTS IN LITIGATION OR CRIMINAL CHARGES
 IN THE COURTS OF ANY STATE, AND SUCH RIGHTS RESULTED IN ACTION,  WHETHER
 CRIMINAL  OR  CIVIL,  BROUGHT  AGAINST  THAT  PERSON IN ANY COURT IN THE
 UNITED STATES OR ITS TERRITORIES.
   2. A  PERSON  SHALL  HAVE  A  CLAIM  FOR  UNLAWFUL  INTERFERENCE  WITH
 PROTECTED  RIGHTS  AGAINST  ANY  PERSON OR ORGANIZATION WHO COMMENCES AN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15592-01-2
 S. 9039                             2
 
 ACTION IN ANY COURT, REGARDLESS OF WHERE SITUATED, IN WHICH THE  ALLEGA-
 TIONS  AGAINST  THE PERSON, WHETHER CIVIL OR CRIMINAL, INVOLVE TRAVEL TO
 THE STATE OF NEW YORK, INCLUDING, BUT NOT LIMITED TO, PLANNED TRAVEL  TO
 THE  STATE  OF  NEW  YORK,  FOR  THE  PURPOSES  OF  EXERCISING ANY RIGHT
 PROTECTED UNDER THE LAWS OF THE STATE OF NEW YORK AND/OR  THE  CONSTITU-
 TION OF THE STATE OF NEW YORK, INCLUDING RIGHTS SPECIFIED IN SUBDIVISION
 SIX OF THIS SECTION.
   3.  IN  A  CLAIM FOR UNLAWFUL INTERFERENCE WITH PROTECTED RIGHTS UNDER
 THIS SECTION:
   (A) COSTS AND ATTORNEYS' FEES SHALL BE RECOVERED UPON A  DEMONSTRATION
 OF UNLAWFUL INTERFERENCE, INCLUDING AN ADJUDICATION PURSUANT TO SUBDIVI-
 SION  (G) OF RULE THIRTY-TWO HUNDRED  ELEVEN  OR SUBDIVISION (H) OF RULE
 THIRTY-TWO HUNDRED TWELVE OF THE CIVIL PRACTICE LAW AND  RULES;
   (B) OTHER COMPENSATORY DAMAGES MAY ONLY BE  RECOVERED  UPON  AN  ADDI-
 TIONAL  DEMONSTRATION  THAT  THE  ACTION  INVOLVING  PUBLIC PETITION AND
 PARTICIPATION WAS COMMENCED OR CONTINUED FOR THE PURPOSE  OF  HARASSING,
 INTIMIDATING,  PUNISHING  OR  OTHERWISE  MALICIOUSLY INHIBITING THE FREE
 EXERCISE OF RIGHTS PROTECTED IN NEW YORK;
   (C) IN ANY ACTION OR PROCEEDING BROUGHT PURSUANT TO THIS SECTION,  THE
 COURT SHALL ALLOW A PREVAILING PLAINTIFF REASONABLE ATTORNEYS' FEES  AND
 EXPERT FEES AS A PART OF THE COSTS WHICH MAY BE RECOVERED; AND
   (D)  PUNITIVE    DAMAGES    IN  THE AMOUNT OF TREBLE THE AMOUNT OF ANY
 LIABILITY IMPOSED BY THE COURT OF ANY OTHER STATE SHALL   BE   RECOVERED
 UPON   AN   ADDITIONAL DEMONSTRATION    THAT    THE   ACTION   INVOLVING
 EXERCISE OF RIGHTS PROTECTED IN NEW YORK WAS  COMMENCED   OR   CONTINUED
 FOR    THE   SOLE   PURPOSE   OF HARASSING,  INTIMIDATING,  PUNISHING OR
 OTHERWISE MALICIOUSLY INHIBITING THE FREE EXERCISE OF  RIGHTS  PROTECTED
 IN NEW YORK.
   4.  ANY ACTION OR PROCEEDING BROUGHT PURSUANT TO THIS SECTION SHALL BE
 COMMENCED NO LATER THAN SIX YEARS AFTER THE DATE ON WHICH THE  VIOLATION
 OF THIS SECTION IS COMMITTED.
   5.  NOTHING  IN THIS SECTION SHALL AFFECT OR PRECLUDE THE RIGHT OF ANY
 PARTY TO ANY RECOVERY OTHERWISE AUTHORIZED BY COMMON LAW, OR BY STATUTE,
 LAW OR RULE.
   6. RIGHTS SPECIFICALLY PROTECTED UNDER THIS SECTION SHALL INCLUDE:
   (A) THE RIGHT TO OBTAIN REPRODUCTIVE HEALTH CARE, INCLUDING,  BUT  NOT
 LIMITED TO, THE LEGAL TERMINATION OF A PREGNANCY; AND
   (B)  THE  RIGHT TO OBTAIN MEDICAL CARE, INCLUDING, BUT NOT LIMITED TO,
 HORMONE THERAPY AND/OR OTHER THERAPY RELATED TO GENDER.
   7. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE FOLLOWING ARE NOT A
 DEFENSE TO AN ACTION BROUGHT UNDER THIS SECTION:
   (A) IGNORANCE OR MISTAKE OF LAW;
   (B) A DEFENDANT'S BELIEF THAT THE REQUIREMENTS  OF  THIS  SECTION  ARE
 UNCONSTITUTIONAL OR WERE UNCONSTITUTIONAL;
   (C)  A  DEFENDANT'S RELIANCE ON ANY COURT DECISION THAT HAS BEEN OVER-
 RULED ON APPEAL OR BY A SUBSEQUENT COURT, EVEN IF  THAT  COURT  DECISION
 HAD  NOT  BEEN  OVERRULED  WHEN  THE  DEFENDANT  ENGAGED IN CONDUCT THAT
 VIOLATES THIS SECTION;
   (D) A DEFENDANT'S RELIANCE ON ANY STATE OR FEDERAL COURT DECISION THAT
 IS NOT BINDING ON THE COURT IN WHICH THE ACTION HAS BEEN BROUGHT;
   (E) NON-MUTUAL ISSUE PRECLUSION OR NON-MUTUAL CLAIM PRECLUSION;
   (F) THE CONSENT OF ANY OTHER INDIVIDUAL TO THE ACTION IN THE COURTS OF
 ANOTHER STATE; OR
   (G) ANY CLAIM THAT THE ENFORCEMENT OF THIS SECTION OR  THE  IMPOSITION
 OF CIVIL LIABILITY AGAINST THE DEFENDANT WILL VIOLATE THE CONSTITUTIONAL
 RIGHTS OF THIRD PARTIES.
 S. 9039                             3
 
   8.  AN ACTION UNDER THIS SECTION SHALL BE BROUGHT IN THE SUPREME COURT
 OF THE STATE OF NEW YORK.
   9. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NEITHER SOVEREIGN IMMU-
 NITY  NOR QUALIFIED IMMUNITY SHALL BE A DEFENSE TO ACTIONS BROUGHT UNDER
 THIS SECTION.
   § 3. This act shall take effect immediately.