Bill Text: NY S06583 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to unlawfully summoning a police officer with intent to harm another; a civil action can be brought for such unlawful event.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CODES [S06583 Detail]

Download: New_York-2019-S06583-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          6583

                               2019-2020 Regular Sessions

                    IN SENATE

                                      June 17, 2019
                                       ___________

        Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT to amend the civil rights law, in relation to unlawfully  summon-
          ing a police officer with intent to harm another

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The civil rights law is amended by  adding  a  new  section
     2  77-a to read as follows:
     3    §  77-a. Unlawful summoning of a police officer. 1. It is unlawful for
     4  an individual to knowingly  cause  a  police  officer  to  arrive  at  a
     5  location of another with the intent to:
     6    (a)  infringe  on the other individual's rights under the state of New
     7  York;
     8    (b) unlawfully discriminate against such individual;
     9    (c) cause the individual to feel harassed, humiliated or embarrassed;
    10    (d) cause the individual to be expelled from a  place  in  which  such
    11  individual is lawfully located; or
    12    (e) damage the individual's:
    13    (i) reputation or standing within the community; or
    14    (ii) financial, economic, consumer or business prospects or interests.
    15    2. Any individual who suffers harm from a violation of subdivision one
    16  of  this  section  shall  have  a  civil cause of action in any court of
    17  competent jurisdiction against the individual who violated such subdivi-
    18  sion.
    19    3. The defendant may be held liable to the plaintiff for the following
    20  relief:
    21    (a) the greater of:
    22    (i) compensatory damages, including damages for intentional infliction
    23  of emotional distress; or
    24    (ii) two hundred fifty dollars against  each  defendant  found  liable
    25  under this section;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13413-01-9

        S. 6583                             2

     1    (b) punitive damages;
     2    (c) attorneys' fees and costs; and
     3    (d) such other relief as a court may deem appropriate.
     4    §  2.  This  act  shall take effect on the sixtieth day after it shall
     5  have become a law.
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