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Civil Rights Law

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Article 7 | Section 79 - NY Civil Rights Law

RIGHTS AND IMMUNITIES

Section Description
79Forfeiture of office and suspension of civil rights.
79-AConsequence of sentence to imprisonment for life.
79-BForfeiture of property on conviction abolished.
79-CConvict protected by law.
79-DCreditor of convict.
79-ERight to breast feed.
79-FLiability for acts of persons assisting police officers.
79-GFiling of certificates of honorable discharge with county clerks.
79-HSpecial provisions relating to persons employed by, or connected with, news media.
79-IDiscrimination against person who refuses to perform certain act prohibited.
79-JConfidentiality of records in multi-state information system.
79-KCivil immunity for certain persons assisting in emergency situations.
79-LConfidentiality of records of genetic tests.
79-MCriminal interference with health care services, religious worship, funeral, burial or memorial service; injunction.
79-NBias-related violence or intimidation; civil remedy.
79-N*2Funeral or bereavement leave.
  S 79. Forfeiture of office and suspension of civil rights. 1. Except
  as provided in subdivision two a sentence of  imprisonment  in  a  state
  correctional  institution  for any term less than for life or a sentence
  of imprisonment in a state correctional institution for an indeterminate
  term, having a minimum of  one  day  and  a  maximum  of  natural  life,
  forfeits  all  the  public offices, and suspends, during the term of the
  sentence, all the civil rights, and all private  trusts,  authority,  or
  powers of, or held by, the person sentenced.
    2.  A sentence of imprisonment in a state correctional institution for
  any term less than for life or a sentence of  imprisonment  in  a  state
  correctional  institution for an indeterminate term, having a minimum of
  one day and a maximum of natural life shall not be deemed to suspend the
  right or capacity of any person so sentenced to commence  and  prosecute
  an  action or proceeding in any court within this state or before a body
  or  officer  exercising  judicial,  quasi-judicial   or   administrative
  functions  within  this state; provided, however, that where at the time
  of the commencement  and  during  the  prosecution  of  such  action  or
  proceeding such person is an inmate of a state correctional institution,
  he  shall  not appear at any place other than within the institution for
  any purpose related to such action or proceeding unless upon a  subpoena
  issued by the court before whom such action or proceeding is pending or,
  where  such  action  or  proceeding is pending before a body or officer,
  before a judge to whom a petition for habeas corpus could be made  under
  subdivision  (b) of section seven thousand two of the civil practice law
  and rules upon motion of any party and upon a  determination  that  such
  person's  appearance  is essential to the proper and just disposition of
  the action or proceeding. Unless the court orders  otherwise,  a  motion
  for  such  subpoena  shall  be  made on at least two days' notice to the
  commissioner of corrections and community supervision.
    3. (a) Except as provided in paragraph (b), the  state  shall  not  be
  liable  for  any expense of or related to any such action or proceeding,
  including but not limited to the expense of or related  to  transporting
  the  inmate  to, or lodging or guarding him at any place other than in a
  state  correctional  institution.  The  department  of  corrections  and
  community  supervision  shall  not  be  required to perform any services
  related to such action or  proceeding,  including  but  not  limited  to
  transporting the inmate to or lodging or guarding him at any place other
  than  a  state  correctional institution unless and until the department
  has received payment for such services.
    (b) Where the inmate is permitted in accordance with any other law  to
  proceed  with  the  action or proceeding as a poor person the expense of
  transporting the inmate to, or lodging or  guarding  him  at  any  place
  other  than  in  a  state  correctional institution or any other expense
  relating thereto shall be a state charge; provided, however, that  where
  an inmate has been granted such permission and a recovery by judgment or
  by  settlement  is had in his favor, the court may direct him to pay out
  of the recovery all or part of any sum expended by the state.

   S 79-a. Consequence of sentence to imprisonment for life.  1. Except
  as provided in  subdivisions  two  and  three,  a  person  sentenced  to
  imprisonment  for life is thereafter deemed civilly dead; provided, that
  such a person may marry while on community supervision, or after  he  or
  she has been discharged from community supervision, if otherwise capable
  of  contracting a valid marriage. A marriage contracted pursuant to this
  section by a person while he or she is on community supervision, without
  prior written approval of the commissioner of corrections and  community
  supervision,   shall   be   ground   for  revocation  of  the  community
  supervision. This section shall not be deemed to impair the validity  of
  a  marriage  between a person sentenced to imprisonment for life and his
  or her spouse.
    2. A sentence to imprisonment for life shall not be deemed to  suspend
  the  right or capacity of any person so sentenced to commence, prosecute
  or defend an action or proceeding in any  court  within  this  state  or
  before   a  body  or  officer  exercising  judicial,  quasi-judicial  or
  administrative functions within  this  state;  provided,  however,  that
  where  at  the  time  of  the commencement and during the prosecution or
  defense of such action or proceeding such person is an inmate of a state
  correctional institution, he or she shall not appear at any place  other
  than  within  the  institution for any purpose related to such action or
  proceeding unless upon a subpoena issued by the court before  whom  such
  action  or  proceeding is pending or, where such action or proceeding is
  pending before a body or officer, before a judge to whom a petition  for
  habeas  corpus  could  be  made  under  subdivision (b) of section seven
  thousand two of the civil practice law and  rules  upon  motion  of  any
  party  and  upon  a  determination  that  such  person's  appearance  is
  essential  to  the  proper  and  just  disposition  of  the  action   or
  proceeding.  Unless  the  court  orders  otherwise,  a  motion  for such
  subpoena shall be made on at least two days' notice to the  commissioner
  of corrections and community supervision.
    3.  (a)  Except  as  provided in paragraph (b), the state shall not be
  liable for any expense of or related to any such action  or  proceeding,
  including  but  not limited to the expense of or related to transporting
  the inmate to, or lodging or guarding him or her at any place other than
  in a state correctional institution. The department of  corrections  and
  community  supervision  shall  not  be  required to perform any services
  related to such action or  proceeding,  including  but  not  limited  to
  transporting  the  inmate  to  or  lodging or guarding him or her at any
  place other than a state correctional institution unless and  until  the
  department has received payment for such services.
    (b)  Where the inmate is permitted in accordance with any other law to
  proceed with the action or proceeding as a poor person  the  expense  of
  transporting  the  inmate  to,  or  lodging or guarding him at any place
  other than in a state correctional  institution  or  any  other  expense
  relating  thereto shall be a state charge; provided, however, that where
  an inmate has been granted such permission and a recovery by judgment or
  by settlement is had in his favor, the court may direct him to  pay  out
  of the recovery all or part of any sum expended by the state.
    4.  This section shall not apply to a person sentenced to imprisonment
  for an indeterminate term, having a minimum of one day and a maximum  of
  his natural life.
    Nothing  in this section shall be deemed to preclude the issuance of a
  certificate of relief from disabilities or a certificate of good conduct
  pursuant to article twenty-three of the correction law to a  person  who
  previously has been sentenced to imprisonment for life.

  S 79-b. Forfeiture of property on conviction abolished.  A conviction
  of a person for any crime, does not work a forfeiture of  any  property,
  real  or  personal, or any right or interest therein. All forfeitures to
  the people of the state, in the nature of deodands,  or  in  a  case  of
  suicide, or where a person flees from justice, are abolished.

  S 79-c. Convict protected by law. A convict sentenced to imprisonment
  is under the protection of the law, and any injury to  his  person,  not
  authorized  by  law,  is punishable in the same manner as if he were not
  sentenced or convicted.
    Nothing in sections seventy-nine or  seventy-nine-a  of  this  chapter
  shall be deemed to deny a convict sentenced to imprisonment the right to
  injunctive   relief   for   improper   treatment  where  such  treatment
  constitutes a violation of his constitutional rights.

  S 79-d. Creditor of convict. A person injured by the commission of a
  felony, for which the offender is sentenced to imprisonment in  a  state
  prison,  is deemed the creditor of the offender, and of his estate after
  his death, within the provisions of the statutes relating thereto.
    The damages sustained by the person injured by the felonious act,  may
  be  ascertained in an action brought for that purpose by him against the
  trustees of the estate of the offender, appointed under  the  provisions
  of  the  statutes,  or  the  executor or administrator of the offender's
  estate.

   S 79-e. Right to breast feed. Notwithstanding any other provision of
  law, a mother may breast feed  her  baby  in  any  location,  public  or
  private, where the mother is otherwise authorized to be, irrespective of
  whether  or  not  the nipple of the mother's breast is covered during or
  incidental to the breast feeding.

  S 79-f. Liability for acts of persons assisting police officers.  1.
  Notwithstanding any inconsistent provisions of law, general  or  special
  or local, the state shall save harmless and protect any person who, upon
  being  lawfully  commanded,  renders  assistance  to  a  police  officer
  employed by the state  in  the  performance  of  his  duties,  from  any
  financial  loss  arising  out  of any claim, demand, suit or judgment by
  reason of alleged negligence, other than gross negligence, or an alleged
  tortious act of the person rendering such assistance  which  results  in
  bodily injury or property damage; any political subdivision of the state
  shall  save  harmless  and  protect  any person who, upon being lawfully
  commanded, renders assistance to a  police  officer  of  such  political
  subdivision  in  the  performance of his duties, from any financial loss
  arising out of any claim, demand, suit or judgment by reason of  alleged
  negligence,  other  than gross negligence, or an alleged tortious act of
  the person rendering such assistance which results in bodily  injury  or
  property damage; any agency of the state shall save harmless and protect
  any  person  who, upon being lawfully commanded, renders assistance to a
  police officer of such agency in the performance of his duties, from any
  financial loss arising out of any claim, demand,  suit  or  judgment  by
  reason of alleged negligence, other than gross negligence, or an alleged
  tortious  act  of  the person rendering such assistance which results in
  bodily injury or property damage.
    2. The state or an agency or political subdivision thereof  shall  not
  be  subject  to  the duty imposed by this section, unless the person who
  rendered assistance shall, within ten days of the time he is served with
  any summons, complaint, process, notice, demand or pleading, deliver the
  original or a copy thereof to the chief legal officer of  the  state  or
  agency or political subdivision thereof, as the case may be.
    3. Thereafter, the state, agency or political subdivision, as the case
  may  be,  shall be entitled to appear in any further proceedings arising
  under this section.
    4. As used in this section the term police officer means any member of
  a duly organized police force or department of any county,  city,  town,
  village,  municipality,  authority, police district, regional state park
  commission when employed full time in the  enforcement  of  the  general
  criminal  laws  of  the  state,  or  any member of the state police or a
  sheriff, undersheriff or deputy sheriff, other  than  a  special  deputy
  sheriff.

  S 79-g. Filing  of  certificates  of honorable discharge with county
  clerks. a. Notwithstanding the provisions of  any  general,  special  or
  local  law to the contrary, any person filing a certificate of honorable
  discharge in the office of a county clerk shall have the right to direct
  the county clerk to keep such certificate sealed.
    b. Thereafter,  such  certificate  shall  be  made  available  to  the
  veteran,  a  duly  authorized agent or representative of such veteran or
  the representative of the estate of a deceased veteran but shall not  be
  available for public inspection.

  S 79-h. Special  provisions  relating  to  persons  employed  by, or
  connected with, news media.
    (a) Definitions. As used in this section,  the  following  definitions
  shall apply:
    (1)  "Newspaper"  shall  mean  a paper that is printed and distributed
  ordinarily not less frequently than once a week, and has done so for  at
  least  one  year,  and  that  contains  news,  articles  of  opinion (as
  editorials), features, advertising,  or  other  matter  regarded  as  of
  current  interest, has a paid circulation and has been entered at United
  States post-office as second-class matter.
    (2) "Magazine" shall mean  a  publication  containing  news  which  is
  published and distributed periodically, and has done so for at least one
  year,  has  a  paid  circulation and has been entered at a United States
  post-office as second-class matter.
    (3) "News agency" shall mean a commercial organization  that  collects
  and  supplies news to subscribing newspapers, magazines, periodicals and
  news broadcasters.
    (4) "Press association" shall mean an association of newspapers and/or
  magazines formed to gather and distribute news to its members.
    (5) "Wire service" shall mean a news agency that sends out  syndicated
  news  copy  by wire to subscribing newspapers, magazines, periodicals or
  news broadcasters.
    (6)  "Professional  journalist"  shall  mean  one  who,  for  gain  or
  livelihood,  is  engaged  in  gathering, preparing, collecting, writing,
  editing, filming,  taping  or  photographing  of  news  intended  for  a
  newspaper,  magazine,  news agency, press association or wire service or
  other professional medium or agency which has  as  one  of  its  regular
  functions   the   processing   and  researching  of  news  intended  for
  dissemination to the public; such person  shall  be  someone  performing
  said  function  either  as  a  regular  employee  or  as  one  otherwise
  professionally affiliated for gain or livelihood  with  such  medium  of
  communication.
    (7)  "Newscaster"  shall mean a person who, for gain or livelihood, is
  engaged in analyzing, commenting on or broadcasting, news  by  radio  or
  television transmission.
    (8)  "News"  shall  mean  written,  oral,  pictorial, photographic, or
  electronically recorded information or communication  concerning  local,
  national  or  worldwide  events  or  other  matters of public concern or
  public interest or affecting the public welfare.
    (b)  Exemption  of  professional  journalists  and  newscasters   from
  contempt:    Absolute  protection for confidential news. Notwithstanding
  the provisions of any general  or  specific  law  to  the  contrary,  no
  professional  journalist  or  newscaster  presently or having previously
  been employed or otherwise associated with any newspaper, magazine, news
  agency,  press  association,   wire   service,   radio   or   television
  transmission   station  or  network  or  other  professional  medium  of
  communicating news or information to the public  shall  be  adjudged  in
  contempt  by  any  court  in  connection  with  any  civil  or  criminal
  proceeding, or by the legislature or other body having contempt  powers,
  nor  shall  a grand jury seek to have a journalist or newscaster held in
  contempt by any court, legislature or other body having contempt  powers
  for  refusing  or  failing  to disclose any news obtained or received in
  confidence or the identity of the source of any such  news  coming  into
  such  person's  possession  in the course of gathering or obtaining news
  for publication or to be published in  a  newspaper,  magazine,  or  for
  broadcast  by  a  radio or television transmission station or network or
  for public dissemination by any  other  professional  medium  or  agency
  which  has as one of its main functions the dissemination of news to the
  public, by which such person is  professionally  employed  or  otherwise
  associated  in  a  news  gathering  capacity  notwithstanding  that  the
  material or identity of a source of such material  or  related  material
  gathered  by  a  person  described above performing a function described
  above is or is not highly relevant to a particular inquiry of government
  and notwithstanding that  the  information  was  not  solicited  by  the
  journalist or newscaster prior to disclosure to such person.
    (c)   Exemption  of  professional  journalists  and  newscasters  from
  contempt:       Qualified   protection   for    nonconfidential    news.
  Notwithstanding  the  provisions  of  any general or specific law to the
  contrary, no professional journalist or newscaster presently  or  having
  previously  been  employed  or  otherwise associated with any newspaper,
  magazine,  news  agency,  press  association,  wire  service,  radio  or
  television  transmission station or network or other professional medium
  of communicating news to the public shall be adjudged in contempt by any
  court in connection with any civil or criminal  proceeding,  or  by  the
  legislature or other body having contempt powers, nor shall a grand jury
  seek  to  have a journalist or newscaster held in contempt by any court,
  legislature, or other  body  having  contempt  powers  for  refusing  or
  failing  to  disclose  any  unpublished  news  obtained or prepared by a
  journalist or newscaster in the course of gathering or obtaining news as
  provided in subdivision (b) of this section, or the source of  any  such
  news, where such news was not obtained or received in confidence, unless
  the  party  seeking such news has made a clear and specific showing that
  the news: (i) is highly material  and  relevant;  (ii)  is  critical  or

  necessary  to the maintenance of a party's claim, defense or proof of an
  issue material thereto; and (iii) is not obtainable from any alternative
  source. A  court  shall  order  disclosure  only  of  such  portion,  or
  portions, of the news sought as to which the above-described showing has
  been  made and shall support such order with clear and specific findings
  made after a hearing. The  provisions  of  this  subdivision  shall  not
  affect  the  availability, under appropriate circumstances, of sanctions
  under section thirty-one hundred twenty-six of the  civil  practice  law
  and rules.
    (d)  Any  information  obtained in violation of the provisions of this
  section shall be inadmissible in any action  or  proceeding  or  hearing
  before any agency.
    (e)  No  fine  or imprisonment may be imposed against a person for any
  refusal to disclose information privileged by  the  provisions  of  this
  section.
    (f)  The  privilege  contained  within  this  section  shall  apply to
  supervisory or employer third person or  organization  having  authority
  over the person described in this section.
    (g)  Notwithstanding the provisions of this section, a person entitled
  to claim the exemption provided under subdivision (b)  or  (c)  of  this
  section  waives  such  exemption if such person voluntarily discloses or
  consents  to  disclosure  of  the  specific  information  sought  to  be
  disclosed  to  any person not otherwise entitled to claim the exemptions
  provided by this section.

  S 79-i. Discrimination against person who refuses to perform certain
  act prohibited. 1. When the performing of an abortion on a  human  being
  or  assisting thereat is contrary to the conscience or religious beliefs
  of any person, he may refuse to perform or assist in  such  abortion  by
  filing  a  prior written refusal setting forth the reasons therefor with
  the appropriate and responsible hospital, person, firm,  corporation  or
  association,   and  no  such  hospital,  person,  firm,  corporation  or
  association shall discriminate against the person so refusing to act.
    A violation of the provisions  of  this  section  shall  constitute  a
  misdemeanor.
    2.  No  civil action for negligence or malpractice shall be maintained
  against a person so refusing to act based on such refusal.

   S 79-j. Confidentiality of records in multi-state information system.
  1. An ongoing research and demonstration project called the  multi-state
  information  system  for  psychiatric patients located at Rockland state
  hospital  in  Rockland  county  has  been  developed  by  a  number   of
  cooperating  states  and  is designed to provide a computer-based system
  for records and statistics of mental health patients  in  those  states.
  The  records  stored  by the multi-state information system are intended
  also  for  research  and  demonstration  purposes  concerning  (1)   the
  feasibility  of  computer-based  record systems improving the quality of
  medical  information  available  to  clinicians   treating   psychiatric
  patients and (2) the quality of aggregate statistics to aid in planning,
  operating  and  monitoring  psychiatric  services.  Such records are not
  intended to substitute for or replace original records retained  in  the
  cooperating  mental  health facilities and agencies. In order to protect
  the privacy of the information stored in such records which  relates  to
  patients in facilities outside of the state of New York, it is necessary
  and desirable that such records be declared confidential and not subject
  to examination in the courts or by agencies of this state.
    2.  The  records  and information concerning patients in mental health
  and related facilities located outside of the  state  of  New  York  and
  currently  or hereafter stored in the multi-state information system for
  psychiatric patients maintained at Rockland state hospital in the county
  of Rockland are not public records. Such records and  information  shall
  be  confidential  and  shall  not be subject to subpoena in any court or
  before  any  tribunal  or  administrative  agency.  Such   records   and
  information  shall not be open for inspection by nor otherwise available
  to any agency or individual other than the agency or facility submitting
  the records or information and the technical staff  of  the  multi-state
  information  system except that the commissioner of mental hygiene shall
  have the power to conduct an annual  review  of  the  operation  of  the
  information system in order to assure its proper and lawful operation in
  the  interest  of  the  agencies and facilities contributing records and
  information to such system. Aggregate statistics drawn from the  records
  stored, with all personal identification removed, may be released by the
  system for research and planning purposes.
    3.  Nothing  in this act shall affect existing law with respect to the
  records of patients now or formerly treated in facilities in this state.
  The records stored in the multi-state information  system  described  in
  subdivision  two  shall  not  be considered records of the department of
  mental hygiene.

  S 79-k. Civil  immunity  for  certain persons assisting in emergency
  situations. 1. Any person who voluntarily and without the expectation of
  monetary compensation provides assistance in the event of an accident or
  other emergency situation involving the use,  handling,  transportation,
  transmission  or  storage of compressed gases and/or liquefied petroleum
  gases shall not be liable for any civil damages for  injuries  resulting
  from  any act of commission or omission on his part in the course of his
  rendering such assistance unless it is established  that  such  injuries
  were caused by gross negligence on the part of such person.
    2.  Nothing in this section shall be deemed to relieve any person from
  liability for civil damages (a) where the accident or emergency referred
  to in subdivision one of this section involved  his  own  facilities  or
  equipment or (b) resulting from any act of commission or omission on his
  part  in  the  course  of providing care or assistance in the normal and
  ordinary course of his own business or profession.
    3. For purposes of this section, the  term  "gross  negligence"  means
  reckless, willful, wanton or intentional misconduct.

  S 79-l. Confidentiality  of  records of genetic tests. 1. As used in
  this section, the following terms shall have the following meanings:
    (a) "genetic test" shall  mean  any  laboratory  test  of  human  DNA,
  chromosomes,  genes,  or  gene  products  to  diagnose the presence of a
  genetic variation linked to a predisposition to  a  genetic  disease  or
  disability  in  the  individual or the individual's offspring; such term
  shall also include DNA profile analysis. "Genetic  test"  shall  not  be
  deemed  to  include any test of blood or other medically prescribed test
  in routine use that has been or may be hereafter found to be  associated
  with  a  genetic  variation, unless conducted purposely to identify such
  genetic variation.
    (b) "genetic predisposition" shall mean the presence of a variation in
  the composition of the genes of an individual or an individual's  family
  member  which  is  scientifically or medically identifiable and which is
  determined to be associated with an increased statistical risk of  being
  expressed  as  either  a physical or mental disease or disability in the
  individual or having offspring with a  genetically  influenced  disease,
  but which has not resulted in any symptoms of such disease or disorder.
    (c) "biological sample" shall mean any material part of the human body
  or  of  discharge  therefrom  known  to  contain  DNA, including but not
  limited to tissue specimen, blood, or urine.
    (d) "institutional review board" shall mean a  human  research  review
  committee  established  and  approved  under  the  provisions of article
  twenty-four-A of the public health law, or an institutional review board
  established and approved under the provisions of 45 CFR part  46  or  42
  USC  30  V-1,  for  the  purpose  of  reviewing  and monitoring research
  involving human subjects.
    2. (a) No person shall perform a genetic test on a  biological  sample
  taken  from  an individual without the prior written informed consent of
  such individual as provided in paragraph (b) of this subdivision, except
  as otherwise provided  in  paragraph  (c)  of  subdivision  two  and  by
  subdivision nine of this section.
    (b)  Written  informed  consent  to  a  genetic  test shall consist of
  written authorization that is dated and signed and includes at least the
  following:
    (1) a general description of the test;
    (2) a statement of the purpose of the test;
    2-a. a statement indicating that the individual  may  wish  to  obtain
  professional genetic counseling prior to signing the informed consent.
    (3)  a statement that a positive test result is an indication that the
  individual may be  predisposed  to  or  have  the  specific  disease  or
  condition  tested  for  and  may  wish  to  consider further independent
  testing, consult their physician or pursue genetic counseling;
    (4) a general description of each specific disease or condition tested
  for;
    (5) the level of certainty  that  a  positive  test  result  for  that
  disease  or condition serves as a predictor of such disease. If no level
  of certainty has been established, this subparagraph may be disregarded;
    (6) the name of the person or categories of persons  or  organizations
  to whom the test results may be disclosed;
    (7)  a  statement  that  no tests other than those authorized shall be
  performed on  the  biological  sample  and  that  the  sample  shall  be
  destroyed  at the end of the testing process or not more than sixty days
  after the sample was taken, unless  a  longer  period  of  retention  is
  expressly authorized in the consent; and
    (8)  the  signature  of the individual subject of the test or, if that
  individual lacks the capacity to consent, the signature  of  the  person
  authorized to consent for such individual.
    (c)  A  general waiver, wherein consent is secured for genetic testing
  without compliance with paragraph (b) of  this  subdivision,  shall  not
  constitute  informed  consent.  Notwithstanding  the  provisions of this
  section, for purposes of  research  conducted  in  accordance  with  the
  provisions of subdivision nine of this section, a general waiver for the
  use of samples for research may be granted which would authorize the use
  of samples for these research purposes.
    (d)  Any  further  disclosure  of  genetic  test results to persons or
  organizations not named  on  the  informed  consent  shall  require  the
  further informed consent of the subject of the test.
    (e)  Written  consent  by an individual for tests to be conducted on a
  biological sample and to the lawful possession  and  ownership  of  such
  sample  by a laboratory shall not be deemed written informed consent for
  the performance of any genetic test on that sample,  except  as  further
  provided in subdivision four of this section.
    (f)   For   medical   research  purposes,  with  the  approval  of  an
  institutional review board and  the  written  informed  consent  of  the
  subject, samples may be kept for longer than sixty days and utilized for
  scientific  research.  The requirements of subparagraphs three, four and
  five of paragraph (b)  of  this  subdivision  may  be  modified  by  the
  institutional review board in case the research protocol does not permit
  such degree of specificity.
    3. (a) All records, findings and results of any genetic test performed
  on  any  person  shall be deemed confidential and shall not be disclosed
  without the written informed consent of the person to whom such  genetic
  test  relates.  This  information shall not be released to any person or
  organization not specifically authorized by the  individual  subject  of
  the  test.  Unauthorized  solicitation or possession of such information
  shall be unlawful, except  for  the  unintentional  possession  of  such
  information  as  part  of a health record created prior to the effective
  date of this section and provided no action adverse to the interests  of
  the  subject  are  taken as a result of such possession. Nothing in this
  section shall  preclude  the  release  of  such  information,  with  the
  subject's   consent,   to   a   health  insurer  or  health  maintenance
  organization of any information  reasonably  required  for  purposes  of
  claims  administration,  provided,  however,  that  further distribution
  within the insurer or to other recipients shall  require  the  subject's
  informed consent in each case.
    (b)  No  person  who  lawfully  possesses  information  derived from a
  genetic test on a biological sample from an individual shall incorporate
  such information into the records of a non-consenting individual who may
  be  genetically  related  to  the  tested  individual;  nor  shall   any
  inferences  be  drawn,  used,  or  communicated  regarding  the possible
  genetic status of the non-consenting individual.
    4. (a) Notwithstanding the  provisions  of  subdivision  two  of  this
  section,  genetic  tests  may  be  performed  on  anonymous  samples for
  research or  statistical  purposes,  pursuant  to  a  research  protocol
  approved by an institutional review board which assures the anonymity of
  the sources of the samples.
    (b) Notwithstanding the provisions of subdivision two of this section,
  genetic  tests may be performed without the consent of the person who is
  the subject of the tests pursuant to an order of a  court  of  competent
  jurisdiction  or  as  provided  pursuant  to article forty-nine-B of the
  executive law or as provided by section  twenty-five  hundred-a  of  the
  public health law.
    (c)  Notwithstanding  the  provisions  of paragraph (a) of subdivision
  three of this section, the results of a genetic test may be disclosed to
  specified individuals without the consent of the subject of the test  as
  provided in an order of a court of competent jurisdiction or as provided
  pursuant  to  article  forty-nine-B  of  the  executive  law  or section
  twenty-five hundred-a of the public health law.
    (d)  In  authorizing  a genetic test or the disclosure of genetic test
  results to specified individuals, the court shall consider  the  privacy
  interests  of  the  individual  subject of the genetic test and of close
  relatives of such individual, the public interest, and, in the  case  of
  medical  or anthropological research, the ethical appropriateness of the
  research. Disclosure shall be permitted only to individuals or  agencies
  expressly named in court orders.
    5.   Penalties.   (a)  Any  person  who  violates  the  provisions  of
  subdivision two or three of this section shall be guilty of a  violation
  punishable by a civil fine of not more than one thousand dollars.
    (b)  Any  person  who willfully violates the provisions of subdivision
  two or three of this section shall be guilty of a misdemeanor punishable
  by a fine of not more than five thousand dollars or by imprisonment  for
  not more than ninety days or by both such fine and imprisonment.
    6.  Nothing  in  this  section  shall  be  applicable to an authorized
  insurer, as defined in paragraph ten of subsection (a)  of  section  one
  hundred  seven  of the insurance law, or a person acting on behalf of an
  authorized insurer who is in compliance with section twenty-six  hundred
  twelve of the insurance law nor shall anything in this section be deemed
  to  prohibit  or  limit an authorized insurer from obtaining information
  pursuant to section twenty-six hundred twelve of the insurance law.
    7. Notwithstanding the provisions of subdivision two of this  section,
  genetic testing of newborn infants may be performed as provided pursuant
  to  article  twenty-five  and section forty-one hundred thirty-five-b of
  the public health law.
    8. Notwithstanding the provisions of subparagraph seven  of  paragraph
  (b)  of  subdivision two of this section, additional genetic testing may
  be performed on a given sample without additional consent of the  person
  tested  provided  such  testing is necessary and required to demonstrate
  the integrity of the sample tested or to resolve the analysis of a  test
  with a previously indeterminate result.
    9.  (a)  Notwithstanding the provisions of subdivisions two and ten of
  this section, samples may be used for tests other than those  for  which
  specific  consent  has been obtained, for purposes of research conducted
  in accordance with applicable law  and  regulation  and  pursuant  to  a
  research  protocol  approved  by an institutional review board, provided
  that the individuals who provided the samples have given  prior  written
  informed  consent  for  the  use  of  their  sample for general research
  purposes and did not specify time limits or  other  factors  that  would
  restrict  use  of the sample for the test, and (1) the samples have been
  permanently stripped of identifying information; or (2) a coding  system
  has  been  established  to  protect  the identity of the individuals who
  provided the samples, and an institutional review board has reviewed and
  approved the procedures for the coding system.
    (b) If consent to storage of the tissue sample  is  withdrawn  at  any
  time, the entity storing the sample shall promptly destroy the sample or
  portions thereof that have not already been used for research purposes.
    (c)  In  no event shall family members of an individual who provided a
  stored tissue sample be  contacted  for  clinical,  research,  or  other
  purposes  without  consent  from  the individual who provided the tissue
  sample with respect to the specific family members who will be contacted
  and the specific purpose of the contact.
    (d) In no event shall any information about an individual derived from
  genetic tests performed on stored human tissue or information linking an
  individual with specific results of genetic tests  be  released  to  any
  organization  or  person  without  the  explicit  written consent of the
  individual who donated the stored tissue to release of  the  information
  for the purposes set forth in the written consent document.
    (e)  Written  informed  consent  for  use  of  stored human tissue for
  general research purposes shall consist of  written  authorization  that
  includes at least the following:
    (1) a statement that the sample will be used for future genetic tests;
    (2)  the  time period during which the tissue will be stored, or if no
  time limit is specified, a statement that the tissue will be stored  for
  as long as deemed useful for research purposes;
    (3)  a  description  of the policies and procedures to protect patient
  confidentiality;
    (4) a statement of the right to withdraw consent to use of the  tissue
  for  future use at any time and the name of the organization that should
  be contacted to withdraw consent;
    (5) a statement allowing individuals to consent to future contact  for
  any  or  all  purposes,  including the following: (i) research purposes;
  (ii) provision of general information about research findings; and (iii)
  information about the test on their sample  that  may  benefit  them  or
  their  family  members in relation to their choices regarding preventive
  or clinical care; and
    (6) a statement explaining the benefits and  risks  of  consenting  to
  future  contact  for the purposes set forth in subparagraph five of this
  paragraph. In no event shall information about specific test results  on
  stored  human  tissue donated for general research purposes be disclosed
  to an individual without obtaining informed consent for  the  disclosure
  as required by paragraph (b) of subdivision two of this section.
    10. Notwithstanding the provisions of subdivision two of this section,
  DNA  samples may be stored for up to ten years in the absence of genetic
  testing,  if  authorized  in  writing  by  the  subject.  Prior  to  the
  performance  of  any  genetic test upon stored samples, informed consent
  must be obtained  as  provided  in  subdivision  two  of  this  section.
  Retention  of  a DNA sample past a period of ten years requires explicit
  consent for a longer or indefinite period of retention.
    11. Genetic testing  may  be  performed  on  specimens  from  deceased
  persons  if informed consent is provided by the next-of-kin as specified
  in subdivision two of this section.

   S 79-m. Criminal  interference  with health care services, religious
  worship, funeral, burial or memorial service; injunction.  Whenever  the
  attorney  general  or district attorney of the county where the affected
  health care facility, place of religious worship, or site of a  funeral,
  burial  or  memorial  service is located has reasonable cause to believe
  that any person or group of persons  is  being,  has  been,  or  may  be
  injured by conduct constituting a violation of section 240.21, 240.70 or
  240.71  of  the penal law, the attorney general or district attorney may
  bring an action in the name of the people of the state of  New  York  to
  permanently  enjoin  such  violation.  In  such  action  preliminary and
  temporary relief may be granted under article sixty-three of  the  civil
  practice law and rules.

 * S 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 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, 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.
    3. Whenever there shall be a violation of this section, 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.  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.
    * NB There are 2 S 79-n's

   * S 79-n. Funeral or bereavement leave. No employer who extends to its
  employees  funeral  or  bereavement leave for the death of an employee's
  spouse or the child, parent or other relative of the spouse  shall  deny
  the  same  leave to an employee for the death of the employee's same-sex
  committed partner  or  the  child,  parent  or  other  relative  of  the
  committed  partner. For the purposes of this section, same-sex committed
  partners are those who are financially and emotionally interdependent in
  a manner commonly presumed of spouses.
    * NB There are 2 S 79-n's

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