Legislation

§ 70-b. Unlawful interference with protected rights. 1. For the
purposes of this section, the term "legally protected health activity"
shall have the same meaning as defined by section 570.17 of the criminal
procedure law.

2. A claim of unlawful interference with protected rights is
established under this section. Such claim shall arise when a person
demonstrates that they engaged in legally protected health activity that
results in litigation or criminal charges brought against that person in
any court in the United States or its territories.

3. Such claim shall arise when any person or entity commences an
action in any court, in the United States or any of its territories, in
which the allegations against the person, whether civil or criminal,
involve legally protected health activity.

4. In a claim for unlawful interference with protected rights under
this section:

(a) compensatory damages, as well as costs and attorneys' fees,
including expert witness fees, shall be recoverable upon a demonstration
of unlawful interference; and

(b) additional damages of up to three times the amount of compensatory
damages shall be recoverable upon an additional demonstration that the
action against the plaintiff was commenced or continued for the purpose
of harassing, intimidating, punishing or otherwise maliciously
inhibiting the exercise of rights protected in New York, including but
not limited to legally protected health activity.

5. Any action or proceeding brought pursuant to this section shall be
commenced no later than six years after the date on which the claim
under this section arises.

6. 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.

7. An action under this section shall be brought in the Supreme Court
of the state of New York.