Bill Text: NY S01404 | 2023-2024 | General Assembly | Introduced

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Bill Title: Provides a civil remedy for any harm or damage to the property or person of another or for summoning a police officer without reason to suspect a crime has been or is about to be committed due to a belief or perception regarding such person's immigration status.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced) 2024-01-03 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S01404 Detail]

Download: New_York-2023-S01404-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1404

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 11, 2023
                                       ___________

        Introduced  by  Sens. GIANARIS, BAILEY, BRESLIN, HOYLMAN-SIGAL, PERSAUD,
          RIVERA, SANDERS, SERRANO, STAVISKY -- read twice and ordered  printed,
          and  when  printed  to be committed to the Committee on Investigations
          and Government Operations

        AN ACT to amend the executive law, in  relation  to  the  definition  of
          national  origin;  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:

     1    Section  1.  Subdivision  8  of  section  292  of the executive law is
     2  amended to read as follows:
     3    8. The term "national origin" shall, for the purposes of this article,
     4  include "ancestry[.]" and shall also include immigration status as  such
     5  term is defined in subdivision forty-one of this section.
     6    § 2. Subdivision 1 of section 79-n of the civil rights law, as amended
     7  by chapter 213 of the laws of 2022, is amended by adding a new paragraph
     8  (e) to read as follows:
     9    (e)  The  term  "immigration  status"  shall  have the same meaning as
    10  subdivision forty-one of section two hundred ninety-two of the executive
    11  law.
    12    § 3. Subdivision 2 of section 79-n of the civil rights law, as amended
    13  by chapter 213 of the laws of 2022, is amended to read as follows:
    14    2. Any person who intentionally selects a person or property for  harm
    15  or causes damage to the property of another or causes physical injury or
    16  death  to another, or subjects a person to conduct that would constitute
    17  harassment under section 240.25 of the penal law, or  summons  a  police
    18  officer  or  peace  officer without reason to suspect a violation of the
    19  penal law, any other criminal conduct, or an imminent threat to a person
    20  or property, in whole or in substantial part  because  of  a  belief  or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05057-01-3
        S. 1404                             2

     1  perception  regarding  the race, color, national origin, ancestry, immi-
     2  gration status, gender, religion, religious practice, age, disability or
     3  sexual orientation of a person, regardless  of  whether  the  belief  or
     4  perception  is  correct,  or  any  person  who  aids or incites any such
     5  conduct, shall be liable, in a civil action or proceeding maintained  by
     6  such individual or group of individuals, for injunctive relief, damages,
     7  or  any other appropriate relief in law or equity. If it shall appear to
     8  the satisfaction of the court or justice that  the  respondent  has,  in
     9  fact,  violated  this section, an injunction may be issued by such court
    10  or justice, enjoining and restraining  any  further  violation,  without
    11  requiring  proof  that  any person has, in fact, been injured or damaged
    12  thereby. For the purposes of this subdivision, a person lacks reason  to
    13  suspect  a violation of the penal law, any other criminal conduct, or an
    14  imminent threat to a person or property where a reasonable person  would
    15  not suspect such violation, conduct, or threat.
    16    §  4.  This  act  shall take effect on the sixtieth day after it shall
    17  have become a law.