S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2790
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2023
                                ___________
 
 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  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:
 
   Section  1.  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 SUBDIVISION FORTY-ONE OF THIS SECTION.
   § 2. Subdivision 1 of section 79-n of the civil rights law, as amended
 by chapter 213 of the laws of 2022, is amended by adding a new paragraph
 (e) to read as follows:
   (E)  THE  TERM  "IMMIGRATION  STATUS"  SHALL  HAVE THE SAME MEANING AS
 SUBDIVISION FORTY-ONE OF SECTION TWO HUNDRED NINETY-TWO OF THE EXECUTIVE
 LAW.
   § 3. Subdivision 2 of section 79-n of the civil rights law, as amended
 by chapter 213 of the laws of 2022, 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, or subjects a person to conduct that would constitute
 harassment under section 240.25 of the penal law, or  summons  a  police
 officer  or  peace  officer without reason to suspect a violation of the
 penal law, any other criminal conduct, or an imminent threat to a person
 or property, in whole or in substantial part  because  of  a  belief  or
 perception  regarding  the race, color, national origin, ancestry, IMMI-
 GRATION STATUS, gender, religion, religious practice, age, disability or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05057-01-3
              

 A. 2790                             2
 
 sexual orientation of a person, regardless  of  whether  the  belief  or
 perception  is  correct,  or  any  person  who  aids or incites any such
 conduct, 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. For the purposes of this subdivision, a person lacks reason  to
 suspect  a violation of the penal law, any other criminal conduct, or an
 imminent threat to a person or property where a reasonable person  would
 not suspect such violation, conduct, or threat.
   §  4.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.