Bias-related violence or intimidation; civil remedy

* § 79-n. Bias-related violence or intimidation; civil remedy. 1. The
following definitions are applicable to this section:

(a) The term "disability" means a physical or mental impairment that
substantially limits a major life activity.

(b) The term "age" means sixty years of age or more.

(c) The term "sexual orientation" means a person's actual or perceived
homosexuality, heterosexuality, or bisexuality.

(d) The term "gender" means a person's actual or perceived sex and
shall include a person's gender identity or expression.

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, 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.

3. In addition to the remedies in subdivision two of this section,
whenever there shall be a violation of this section by any person or by
any firm, partnership, association, or corporation, an application may
be made by the attorney general in the name of the people of the state
of New York to a court or justice having jurisdiction for an injunction
to enjoin and restrain the continuance of such activity, and to seek
damages, or any other appropriate relief in law or equity. In connection
with any such application, the attorney general is authorized to take
proof and determine the relevant facts and to issue subpoenas in
accordance with the civil practice law and rules.

4. In any such action or proceeding, the court, in its discretion, may
allow the party commencing such action or proceeding, if such party
prevails, reasonable attorneys' fees as part of the costs.

5. In addition to the remedies provided in subdivisions two and three
of this section, a court may additionally impose a civil penalty of not
more than five thousand dollars for each violation of this section.

* NB There are 2 § 79-n's