Bill Text: NY A07093 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to defining immigration status in the executive law and the civil rights law; and provides 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to governmental operations [A07093 Detail]

Download: New_York-2019-A07093-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7093
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                      April 5, 2019
                                       ___________
        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 persons immigration status
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 292 of the executive law is amended by adding a new
     2  subdivision 35 to read as follows:
     3    35. The term "immigration status", when used in this article, means  a
     4  person's  possession  or non-possession of certification, documentation,
     5  or authorization to be present in the United States for  a  specific  or
     6  undetermined period of time, as an alien lawfully admitted for permanent
     7  residence  as defined in 8 U.S.C. § 1101(a)(20), a refugee as defined in
     8  8 U.S.C. § 1101(a)(42), an alien who has been granted asylum pursuant to
     9  8 U.S.C. § 1158, an alien that has been lawfully admitted for  temporary
    10  residence pursuant to 8 U.S.C.  § 1255a, or any other related status.
    11    §  2.  Subdivision 8 of section 292 of the executive law is amended to
    12  read as follows:
    13    8. The term "national origin" shall, for the purposes of this article,
    14  include "ancestry[.]" and shall also include immigration status as  such
    15  term is defined in this article. However, nothing contained herein shall
    16  be  construed to prohibit verification of a person's immigration status,
    17  nor shall any adverse action be  prohibited  when  based  upon  verified
    18  immigration status as required by federal law.
    19    §  3.  Subdivision 1 of section 79-n of the civil rights law, as added
    20  by chapter 227 of the laws of 2010, is amended by adding a new paragraph
    21  (e) to read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05018-01-9
        A. 7093                             2
     1    (e) The term "immigration status" means a person's possession or  non-
     2  possession of certification, documentation, or authorization to be pres-
     3  ent  in the United States for a specific or undetermined period of time,
     4  as an alien lawfully admitted for permanent residence as  defined  in  8
     5  U.S.C. § 1101(a)(20), a refugee as defined in 8 U.S.C. § 1101(a)(42), an
     6  alien  who  has been granted asylum pursuant to 8 U.S.C. §1158, an alien
     7  that has been lawfully admitted for temporary residence  pursuant  to  8
     8  U.S.C.  § 1255a, or any other related status.
     9    §  4.  Subdivision 2 of section 79-n of the civil rights law, as added
    10  by chapter 227 of the laws of 2010, is amended to read as follows:
    11    2. Any person who intentionally selects a person or property for  harm
    12  or causes damage to the property of another or causes physical injury or
    13  death  to another in whole or in substantial part because of a belief or
    14  perception regarding  the  race,  color,  national  origin,  immigration
    15  status,  ancestry, gender, religion, religious practice, age, disability
    16  or sexual orientation of a person, regardless of whether the  belief  or
    17  perception  is correct, shall be liable, in a civil action or proceeding
    18  maintained by such individual or group of  individuals,  for  injunctive
    19  relief, damages, or any other appropriate relief in law or equity. If it
    20  shall  appear  to  the  satisfaction  of  the  court or justice that the
    21  respondent has, in fact, violated this section,  an  injunction  may  be
    22  issued  by  such court or justice, enjoining and restraining any further
    23  violation, without requiring proof that any person has,  in  fact,  been
    24  injured or damaged thereby.
    25    §  5.  This  act  shall take effect on the sixtieth day after it shall
    26  have become a law.