S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7093
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               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:
 
   Section 1. Section 292 of the executive law is amended by adding a new
 subdivision 35 to read as follows:
   35. THE TERM "IMMIGRATION STATUS", WHEN USED IN THIS ARTICLE, MEANS  A
 PERSON'S  POSSESSION  OR NON-POSSESSION OF CERTIFICATION, DOCUMENTATION,
 OR AUTHORIZATION TO BE PRESENT IN THE UNITED STATES FOR  A  SPECIFIC  OR
 UNDETERMINED PERIOD OF TIME, AS AN ALIEN LAWFULLY ADMITTED FOR PERMANENT
 RESIDENCE  AS DEFINED IN 8 U.S.C. § 1101(A)(20), A REFUGEE AS DEFINED IN
 8 U.S.C. § 1101(A)(42), AN ALIEN WHO HAS BEEN GRANTED ASYLUM PURSUANT TO
 8 U.S.C. § 1158, AN ALIEN THAT HAS BEEN LAWFULLY ADMITTED FOR  TEMPORARY
 RESIDENCE PURSUANT TO 8 U.S.C.  § 1255A, OR ANY OTHER RELATED STATUS.
   §  2.  Subdivision 8 of section 292 of the executive law is amended to
 read as follows:
   8. The term "national origin" shall, for the purposes of this article,
 include "ancestry[.]" AND SHALL ALSO INCLUDE IMMIGRATION STATUS AS  SUCH
 TERM IS DEFINED IN THIS ARTICLE. HOWEVER, NOTHING CONTAINED HEREIN SHALL
 BE  CONSTRUED TO PROHIBIT VERIFICATION OF A PERSON'S IMMIGRATION STATUS,
 NOR SHALL ANY ADVERSE ACTION BE  PROHIBITED  WHEN  BASED  UPON  VERIFIED
 IMMIGRATION STATUS AS REQUIRED BY FEDERAL LAW.
   §  3.  Subdivision 1 of section 79-n of the civil rights law, as added
 by chapter 227 of the laws of 2010, is amended by adding a new paragraph
 (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
 
   (E) THE TERM "IMMIGRATION STATUS" MEANS A PERSON'S POSSESSION OR  NON-
 POSSESSION OF CERTIFICATION, DOCUMENTATION, OR AUTHORIZATION TO BE PRES-
 ENT  IN THE UNITED STATES FOR A SPECIFIC OR UNDETERMINED PERIOD OF TIME,
 AS AN ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE AS  DEFINED  IN  8
 U.S.C. § 1101(A)(20), A REFUGEE AS DEFINED IN 8 U.S.C. § 1101(A)(42), AN
 ALIEN  WHO  HAS BEEN GRANTED ASYLUM PURSUANT TO 8 U.S.C. §1158, AN ALIEN
 THAT HAS BEEN LAWFULLY ADMITTED FOR TEMPORARY RESIDENCE  PURSUANT  TO  8
 U.S.C.  § 1255A, OR ANY OTHER RELATED STATUS.
   §  4.  Subdivision 2 of section 79-n of the civil rights law, as added
 by chapter 227 of the laws of 2010, is amended to read as follows:
   2. Any person who intentionally selects a person or property for  harm
 or causes damage to the property of another or causes physical injury or
 death  to another in whole or in substantial part because of a belief or
 perception regarding  the  race,  color,  national  origin,  IMMIGRATION
 STATUS,  ancestry, gender, religion, religious practice, age, disability
 or sexual orientation of a person, regardless of whether the  belief  or
 perception  is correct, shall be liable, in a civil action or proceeding
 maintained by such individual or group of  individuals,  for  injunctive
 relief, damages, or any other appropriate relief in law or equity. If it
 shall  appear  to  the  satisfaction  of  the  court or justice that the
 respondent has, in fact, violated this section,  an  injunction  may  be
 issued  by  such court or justice, enjoining and restraining any further
 violation, without requiring proof that any person has,  in  fact,  been
 injured or damaged thereby.
   §  5.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.