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S09039 Summary:

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S09039 Committee Votes:

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S09039 Memo:

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S09039 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9039--A
 
                    IN SENATE
 
                                       May 4, 2022
                                       ___________
 
        Introduced  by Sens. BIAGGI, CLEARE, COONEY, HOYLMAN, JACKSON, LIU, MAY,
          MAYER, RIVERA -- read twice and ordered printed, and when  printed  to
          be  committed  to the Committee on Codes -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee
 
        AN  ACT  to  amend  the  civil rights law, in relation to establishing a
          cause of action for unlawful interference with protected rights
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  This  act shall be known and may be cited as the "freedom
     2  from interference with reproductive and endocrine  health  advocacy  and
     3  travel exercise act", or the "FIRE HATE act".
     4    §  2.  The  legislature  finds that the rights of the residents of the
     5  state of New York are imperiled by actions which  would  attempt  to  or
     6  purport  to  prevent  or  limit  travel  to New York for the exercise of
     7  rights protected by the New York state constitution and the laws of  the
     8  state  of  New  York, or which would put those who travel to New York at
     9  risk of civil actions and criminal actions brought in courts outside the
    10  state of New York seeking to punish or impose civil liability  on  indi-
    11  viduals  for  traveling  to  New  York  to exercise individual and human
    12  rights protected within the state of New York.   The  legislature  finds
    13  that  imposing  such liability creates distinct harm within the state of
    14  New York.
    15    § 3. The civil rights law is amended by adding a new section  70-b  to
    16  read as follows:
    17    §  70-b.  Unlawful  interference  with protected rights. 1. A claim of
    18  unlawful interference with protected rights is  established  under  this
    19  section.  Such  claim  shall  arise when a person demonstrates that they
    20  exercised or attempted to  exercise,  or  facilitated  or  attempted  to
    21  facilitate  the  exercise of a right protected under the constitution of
    22  the state of New York and/or protected or permitted by the laws  of  the
    23  state  of  New  York, to obtain or provide the medical care described in
    24  subdivision six of this section, and such exercise,  provision,  facili-
    25  tation,  or  attempt  thereof  results in litigation or criminal charges
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15592-05-2
        S. 9039--A                          2
 
     1  brought against that person in any court in the  United  States  or  its
     2  territories.
     3    2.  Such  claim  shall  arise  when  any person or entity commences an
     4  action in any court, in the United States or any of its territories,  in
     5  which  the  allegations  against  the person, whether civil or criminal,
     6  involve accessing, providing, facilitating,  or  attempting  to  access,
     7  provide,  or facilitate the medical care described in subdivision six of
     8  this section.
     9    3. In a claim for unlawful interference with  protected  rights  under
    10  this section:
    11    (a)  compensatory  damages,  as  well  as  costs  and attorneys' fees,
    12  including expert witness fees, shall be recoverable upon a demonstration
    13  of unlawful interference; and
    14    (b) punitive  damages shall be recoverable upon an  additional  demon-
    15  stration  that the action against the plaintiff was commenced or contin-
    16  ued for the purpose of harassing,  intimidating,  punishing or otherwise
    17  maliciously inhibiting the exercise of rights  protected  in  New  York,
    18  including  but  not  limited  to  the  rights in subdivision six of this
    19  section.
    20    4. Any action or proceeding brought pursuant to this section shall  be
    21  commenced  no later than six years after the date on which the violation
    22  of this section is committed.
    23    5. Nothing in this section shall affect or preclude the right  of  any
    24  party to any recovery otherwise authorized by common law, or by statute,
    25  law or rule.
    26    6.  Rights  specifically  protected  under  this section shall include
    27  lawfully provided medical care including but not limited to reproductive
    28  and/or endocrine health care, and all medical, surgical,  counseling  or
    29  referral  services  relating to the human reproductive system, including
    30  but not limited to services relating to pregnancy, contraception, or the
    31  termination of a pregnancy.
    32    7. An action under this section shall be brought in the Supreme  Court
    33  of the state of New York.
    34    § 4. Severability. If any provision of this act, or any application of
    35  any  provision  of this act is held to be invalid, that shall not affect
    36  the validity or effectiveness of any other provision of  this  act,  any
    37  other  application  of any provision of this act, or any other provision
    38  of any law or code amended by this act.
    39    § 5. This act shall take effect immediately.