2020 -- S 2585 AS AMENDED

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LC005058

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

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A N   A C T

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

CAUSES OF ACTION

     

     Introduced By: Senators Metts, Quezada, and Euer

     Date Introduced: February 25, 2020

     Referred To: Senate Judiciary

     (Attorney General)

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.

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     (a) Any Whenever a person, who is maliciously subjected to an act or acts which would

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reasonably be construed as intended to harass or intimidate the person because of his or her the

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person's actual or perceived race, religion, or national origin, ancestry, color, sexual orientation,

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gender, gender identity or expression, or disability, the person may bring an action in the superior

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court against the perpetrator of the act or acts for compensatory damages including damages for

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emotional distress. The court, in its discretion, may also restrain and enjoin such future acts by the

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defendant.

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     (b) 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. Section 42-9.3-2 of the General Laws in Chapter 42-9.3 entitled "Office of

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Civil Rights Advocate" is hereby amended to read as follows:

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     42-9.3-2. Action by attorney general.

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

 

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or threatens to intentionally interfere, by physical force or violence against a person, by damage or

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destruction of property or by trespass on property, or by any act or acts which would reasonably be

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construed as intended to harass or threaten any person:

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     (1) With with the exercise or enjoyment by any other person of rights secured by the United

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States Constitution or the laws of the United States or of rights secured by the Constitution of Rhode

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Island or laws of the state,; or

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     (2) Because of a person's actual or perceived race, religion, ancestry, national origin, color,

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sexual orientation, gender, gender identity or expression, or disability, the attorney general may

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bring a civil action for injunctive or other appropriate equitable relief in order to protect the

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peaceable exercise or enjoyment of the rights secured.

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     (b) Whenever any person shall engage in repeated illegal acts that violate the civil rights

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law of the United States or the state of Rhode Island, or the United States Constitution or Rhode

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Island Constitution, the attorney general may apply to the superior court for the county where any

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of the alleged violation(s) occurred or are threatened, on notice of five (5) days, for an order

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enjoining the continuance of such activity, and directing restitution and damages, or any other relief

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the court may deem proper.

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     (b)(c) A civil action under this chapter 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 where

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the alleged victim resides or has a principal place of business or where the alleged violation

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occurred or is threatened.

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     SECTION 3. Chapter 42-9.3 of the General Laws entitled "Office of Civil Rights

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Advocate" is hereby amended by adding thereto the following section:

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     42-9.3-5. Civil investigative demand.

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     (a) When the attorney general has reasonable cause to believe that a governmental

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authority, including, but not limited to, a law enforcement agency, or agent of a governmental

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authority, or person acting on behalf of a governmental authority (hereinafter referred to as an

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"entity"), has engaged in or is engaging in, any act or practice declared to be unlawful by this

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chapter he or she may cause to be executed, in writing, and cause to be served upon any entity that

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is believed to have information, documentary material, or physical evidence relevant to the alleged

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or suspected violation, an investigative demand stating the general subject matter of the

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investigation and require the entity to furnish, under oath or otherwise, a report in writing stating

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the relevant facts and circumstances of which the entity has knowledge, or to appear and testify or

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to produce relevant, documentary material or physical evidence for examination, at any reasonable

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time and place that may be stated in the investigative demand. All civil investigative demands may,

 

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at the discretion of the attorney general, be filed in the superior court of the county in which the

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entity served with the demand, shall dwell or have his or her principal place of business.

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     (b) At any time before the return date specified in an investigative demand, or within twenty

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(20) days after the demand has been served, whichever period is shorter, a petition to extend the

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return date or to modify or set aside the demand, stating good cause, may be filed in the superior

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court of the county where the entity served with the demand shall dwell or have its principal place

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of business, or in the superior court of Providence county.

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     (c) To accomplish the objectives and to carry out the duties prescribed by this chapter, the

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attorney general, in addition to other powers conferred upon him or her by this section, may issue

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subpoenas to any entity; and prescribe any forms and promulgate any rules and regulations that

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may be necessary, which rules and regulations shall have the force of law.

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     (d) Service of any notice, demand, or subpoena under this chapter shall be made personally

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within this state, but if personal service cannot be obtained, substituted service may be made in the

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following manner:

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     (1) Personal service without this state;

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     (2) The mailing of any notice, demand, or subpoena under this section by registered or

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certified mail to the last known place of business, residence, or abode within or without this state

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of the entity for whom the service is intended;

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     (3) In the manner provided in the rules of civil procedure as if a complaint or other pleading

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that institutes a civil proceeding had been filed; or

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     (4) Service that the superior court may direct in lieu of personal service within this state.

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     (e) An entity upon whom a demand is served pursuant to the provisions of this section shall

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comply with the terms of the demand unless otherwise provided by order of the court. Any entity

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who removes from any place, conceals, withholds, or destroys, mutilates, alters, or by any other

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means falsifies any documentary material in the possession, custody, or control of any entity subject

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of any demand, or knowingly conceals any relevant information, shall be fined not more than ten

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thousand dollars ($10,000).

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     (f) If any entity fails or refuses to produce any statement or report, or comply with any

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subpoena or investigative demand issued by the attorney general, the attorney general may file in

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the superior court of the county in which the entity shall dwell or be found; or has its principal place

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of business; or of Providence county, if the superior court at the previously mentioned county shall

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not be in session, or if the entity is a nonresident or has no principal place of business in this state;

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or of the other county as may be agreed upon by the parties to the petition; and serve upon the entity

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a petition for an order of the court for the enforcement of this section, and the petition may request,

 

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and the court shall have jurisdiction to grant, after notice and a hearing, an order granting any relief

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that may be required, until the entity files the statement or report, or obeys the subpoena or

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investigative demand.

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     (g) Any final order so entered shall be subject to appeal to the state supreme court. Any

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failure to comply with any final order entered under this section by any court shall be punished as

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a contempt of court.

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     SECTION 4. This act shall take effect upon passage.

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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 authorize the office of the attorney general-office of civil rights advocate

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to issue a civil investigative demand in instances of perceived violations of a Rhode Islander’s civil

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rights. The act would also clarify the scope of jurisdiction of the office of the attorney general office

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of civil rights advocate; and would modify the scope of the civil action for ethnic/religious

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intimidation and/or vandalism, and would codify the attorney general’s authority to bring an action

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when there is a pattern or practice of civil rights violations.

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     This act would take effect upon passage.

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