NY State Senate Bill 2023-S1404

Senate Bill S1404

2023-2024 Legislative Session

Relates to civil remedies for harm or damage to property of another due to a belief or perception relating to a person's immigration status

download bill text pdf

Current Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to investigations and government operations
Jan 11, 2023	referred to investigations and government operations

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2023-S1404 (ACTIVE) - Details

See Assembly Version of this Bill:: A2790
Current Committee:: Senate Investigations And Government Operations
Law Section:: Executive Law
Laws Affected:: Amd §292, Exec L; amd §79-n, Civ Rts L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S963
2019-2020: S294, A7093
2021-2022: S102, A9136

2023-S1404 (ACTIVE) - Summary

Provides a civil remedy for any harm or damage to the property or person of another or for summoning a police officer without reason to suspect a crime has been or is about to be committed due to a belief or perception regarding such person's immigration status.

2023-S1404 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1404

SPONSOR: GIANARIS
 
TITLE OF BILL:

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 percep-
tion regarding such person's immigration status

 
PURPOSE:

To include "immigration status" in the definition of "national origin"
for the purposes of the antidiscrimination regime set forth by the Human
Rights Law and the Civil Rights Law.

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision 8 of section 292 of the executive law to
establish that the term "national origin" shall also include "immi-
gration status" as defined by subdivision forty-one of executive law.

Section 2 amends subdivision 1 of section 79-n of the civil rights law
to state that "immigration status" in civil rights law shall be defined
as it is by subdivision forty-one of executive law.

Sections 3 amends subdivision 2 of section 79-n of the civil rights law
to add the term "immigration status" as defined by subdivision forty-one
of executive law to the list of protected classes under the Civil Rights
Law provisions on civil remedies for bias-related crimes or intim-
idation.

Section 4 sets the effective date.

 
EXISTING LAW:

Currently discrimination on the basis of immigration status would not be
considered to be discrimination on the basis of national origin if the
reason for the discrimination is solely based on a person's immigration
status.

 
JUSTIFICATION:

New York State's Human Rights Law is on the forefront of.protecting
various classes of people from a wide range of discrimination, including
employment, housing, credit, and public accommodation.  Despite current
protections in law, including protections against discrimination on the
basis of national origin, there are no protections against discrimi-
nation on the basis of a person's immigration status.

This legislation would include immigration status as a protected class
of people to prevent further discriminatory actions against various
categories of immigrants. It would also expand current civil remedies
for victims of bias-related crimes to those who are assaulted or intim-
idated due to their immigration status. New York is a state built upon
immigration with a unique history and understanding of the immigrant
experience. By protecting individual against such discrimination, New

York will continue its historic role as a leader in treating all people
with dignity.

 
LEGISLATIVE HISTORY:

2022: Died in Investigations and Government Operations; died in Govern-
mental Operations(Assembly)

2021: Died in Investigations and Government Operations

2020: Died in Investigations and Government Operations

2019: Died in Investigations and Government Operations

2018: Died in Investigations and Government Operations

2017: Died in Investigations and Government Operations

 
FISCAL IMPLICATIONS:

None to the State.

 
LOCAL FISCAL IMPLICATIONS:

Click here

 
EFFECTIVE DATE:
On the sixtieth day after it shall have become a law.

2023-S1404 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1404
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2023
                                ___________
 
 Introduced  by  Sens. GIANARIS, BAILEY, BRESLIN, HOYLMAN-SIGAL, PERSAUD,
   RIVERA, SANDERS, SERRANO, STAVISKY -- read twice and ordered  printed,
   and  when  printed  to be committed to the Committee on Investigations
   and Government 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05057-01-3

 S. 1404                             2
 
 perception  regarding  the race, color, national origin, ancestry, IMMI-
 GRATION STATUS, gender, religion, religious practice, age, disability or
 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.

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