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History
- Referred to investigations and government operations
- Referred to investigations and government operations
Full text
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Sponsor's memo
BILL NUMBER:S1761
Title of bill
An act to amend the civil rights law, in relation to protecting constitutional or civil rights of the people
Purpose
To provide for a state statutory right to bring an action for damages resulting from discrimination, threats or acts of violence and intimidation, which parallels the rights of action and is found in sections 1983 and 1984 of Title 42 of the U.S. code.
Summary of provisions
Adds a new section 44-b of the Civil Rights Law. Provides for protection of persons in exercise or enjoyment of rights under state and federal laws. Provides for civil action by persons aggrieved, and criminal penalties.
Justification
The Civil Rights Law is one of the repositories for New York's statutory provisions on human rights. Article 4 of the Civil Rights 40-45 establishes equal rights to access and enjoyment of places of public accommodation such as theatres, hotels and educational institutions. Discrimination by owners and employees of such establishments, which is based upon race, color, creed or national origin, is punishable as a misdemeanor, with a fine of $100-$500 or 30-90 days in jail, or both.
Research has not revealed the existence of a state statutory right to bring an action for damages resulting from discrimination. Therefore, action by the legislature is imperative to provide a state remedy for deprivation of civil rights statutes (sections 1983 and 1985 of the U.S. code). Recent events of racially motivated violence in this state reveal the need for this legislation.
Fiscal implications
None.
Legislative history
2009-10: S.1128 - Referred to Investigations & Government Operations 2007-08: S.2911 - Referred to Investigations & Government Operations 2005-06: S.1221 - Referred to Investigations, Taxation & Government Operations 2003-04: S.1006 - Referred to Investigations, Taxation& Government Operations 2001-02: S.1572/A.2542 - Referred to Investigation, Taxation & Government Operations
Effective date
On the first of November next succeeding the date on which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.