2004 -- H 7331

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2004

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A N A C T

RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY --

CAUSES OF ACTION

     Introduced By: Representatives Anguilla, Shavers, T Brien, Williams, and Almeida

     Date Introduced: January 22, 2004

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 9-1-35 of the General Laws in Chapter 9-1 entitled "Causes of

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Action" is hereby amended to read as follows:

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     9-1-35. Civil action for ethnic or religious intimidation and/or vandalism. -- (a) Any

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person, who is maliciously subjected to an act or acts which would reasonably be construed as

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intended to harass or intimidate the person because of his or her race, religion, or national origin,

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actual or perceived disability, religion, color, race, national origin or ancestry, sexual orientation

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or gender, may bring an action in the superior court against the perpetrator of the act or acts for

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compensatory damages including damages for emotional distress. The court, in its discretion,

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may also restrain and enjoin such future acts by the defendant.

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     The attorney general may bring a civil action in the name of the state for or on behalf of

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any person so subjected. Nothing in this section shall prohibit an aggrieved party from bringing

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an action in their own name.

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     (b) Whenever any person, whether or not acting under color of law, intentionally

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interferes or attempts or threatens to intentionally interfere, by physical force or violence against

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a person, by damage or destruction of property or by trespass on property, with the exercise or

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enjoyment by any other person of rights secured by the United States Constitution or the laws of

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the United States or of rights secured by the constitution of Rhode Island or laws of the state, the

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attorney general may bring a civil action for injunctive or other appropriate equitable relief in

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order to protect the peaceable exercise or enjoyment of the rights secured.

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     (c) A civil action under this section shall be brought in the name of the state for or on

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behalf of any person so aggrieved and shall be instituted in the superior court for the county

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where the alleged violator resides or has a principle place of business or where the alleged

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violation occurred.

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     (d) There is a right to a jury at the trial of an action on the merits under this section, but

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there is no right to a jury at the hearing of an application for a preliminary injunction or a

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temporary restraining order. This does not apply in a trial for equitable relief only.

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     (e) Each violation of this section is a civil violation for which a civil penalty of not more

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than five thousand dollars ($5,000) for each defendant may be adjudged. These penalties must be

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applied by the attorney general in carrying out this section.

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     (f) Each temporary restraining order or preliminary or permanent injunction issued under

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this section must include a statement describing the penalties provided in this section for a

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knowing violation of the order or injunction. The clerk of the superior court shall transmit one

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certified copy of each order or injunction issued under this section to the appropriate law

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enforcement agency having jurisdiction over locations where the defendant is alleged to have

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committed the act giving rise to the action, and service of the order or injunction must be

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accomplished pursuant to the Rhode Island rules of civil procedure. Unless otherwise ordered by

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the court, service must be made by the delivery of the copy in hand to the defendant.

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     (g) There shall be established within the department of attorney general an office of civil

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rights advocate. The civil rights advocate shall be appointed by the attorney general and is

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authorized to perform his or her duties as the attorney general may direct.

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      (b) (h) If any provision or part of this section or the application thereof to any person or

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circumstance is held invalid, the invalidity shall not affect other provisions or applications of the

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section which can be given effect without the invalid provision or application, and to this end the

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provisions or parts of this section are severable.

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     SECTION 2. This act shall take effect upon passage.

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LC00969

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY --

CAUSES OF ACTION

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     This act would allow the attorney general to bring a civil action in the name of the state

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on behalf of persons subjected to ethnic or religious intimidation, and would establish within the

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department of attorney general an office of civil rights advocate.

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     This act would take effect upon passage.

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LC00969

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