Assembly Bill A1196

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1196
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2025
                                ___________
 
 Introduced  by  M.  of  A. SIMON, GLICK -- read once and referred to the
   Committee on Judiciary
 
 AN ACT to amend the civil rights law, in relation to  actions  involving
   public petition and participation
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1.  Paragraph (b) of subdivision 1  of  section  70-a  of  the
 civil  rights  law,  as  added  by  chapter  767 of the laws of 1992, is
 amended to read as follows:
   (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 speech, petition or association rights, OR RIGHTS UNDER  ANY
 FEDERAL,  STATE,  OR  LOCAL  LAW PREVENTING EMPLOYMENT DISCRIMINATION OR
 RETALIATION; and
   § 2.   Subdivision 1 of section 76-a  of  the  civil  rights  law,  as
 amended  by  chapter  250  of  the  laws  of 2020, is amended to read as
 follows:
   1. For purposes of this section:
   (a) An "action involving public petition and participation" is a claim
 based upon:
   (1) any communication in a place open to the public or a public  forum
 in connection with an issue of public interest; [or]
   (2)  any  other  lawful  conduct in furtherance of the exercise of the
 constitutional right of free speech  in  connection  with  an  issue  of
 public interest, or in furtherance of the exercise of the constitutional
 right of petition[.]; OR
   (3)  ANY  ALLEGATION,  WHEREVER  MADE,  CONCERNING UNLAWFUL EMPLOYMENT
 DISCRIMINATION UNDER FEDERAL, STATE, OR LOCAL LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02862-01-5
 A. 1196                             2
              

 
   (b) "Claim" includes any lawsuit, cause of action, cross-claim,  coun-
 terclaim, or other judicial pleading or filing requesting relief.
   (c)  "Communication"  shall mean any statement, claim, allegation in a
 proceeding, decision, protest, writing, argument,  contention  or  other
 expression.
   (d)  "Public  interest" shall be construed broadly, and shall mean any
 subject other than a purely private matter.
   § 3. This act shall take effect immediately and  shall  apply  to  all
 actions commenced on and after such effective date.