NY State Senate Bill 2021-S2170

Senate Bill S2170

2021-2022 Legislative Session

Relates to the imposition of penalties and remedies in suits brought for the vindication of civil rights or human rights

download bill text pdf

Archive: Last Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 12, 2021	recommit, enacting clause stricken
Jan 20, 2021	referred to codes

2021-S2170 (ACTIVE) - Details

See Assembly Version of this Bill:: A263
Law Section:: Civil Rights Law
Laws Affected:: Ren Art 10 §§100 & 101 to be Art 11 §§110 & 111, add Art 10 §100, Civ Rts L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A10792
2019-2020: S6078, A292
2023-2024: A4281

2021-S2170 (ACTIVE) - Summary

Relates to the imposition of penalties and remedies in suits brought for the vindication of civil rights or human rights; reasonable attorney's fee, reasonable expert fees.

2021-S2170 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2170

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

An act to amend the civil rights law, in relation to the imposition of
penalties and remedies in suits brought for the vindication of civil
rights or human rights

 
PURPOSE OR GENERAL IDEA OF BILL:  To put New York State on the same
footing as the federal government in the protection of civil rights as
was done under federal law with the enactment of the Civil Rights Act of
1871.

 
SUMMARY OF PROVISIONS:  Like 42 U.S.C. §§ 1983 and 1988, this law
holds government officials liable in tort for violating persons civil
rights.

 
JUSTIFICATION:

Recently the Assembly unanimously passed a State constitutional
provision providing equal rights to women. However, constitutional
provisions are meaningless in the absence of an enforcement mechanism.
When the slaves were freed after the Civil War, Congress realized that
the protection of the freed slaves civil rights was meaningless without
an enforcement mechanism. Congress provided that mechanism in the Civil
Rights Act of 1871, now codified at 42 U.S.C.  §§ 1983 and 1988. This
legislation provides the exact same mechanism for enforcing civil rights
provided for under our State Constitution and State law as exists for
enforcing the Federal Constitution and Federal law. The Civil Rights Act
has been used for enforcing many other constitutional rights, such as
freedom of speech, and this legislation explicitly states that it is to
be interpreted the same as 42 U.S.C. §§ 1983 and 1988. This legislation
is necessary. It is well known that New York has a heavy-handed adminis-
tration at both the State and local level. Public officials will now
have a far greater incentive to avoid misconduct that adversely impacts
the citizens of our State. There is no reason that we should give less
protection to the citizens of our St ate than they have under Federal
law.

 
LEGISLATIVE HISTORY:

S.6078 of 2019-20; Referred to Codes

 
FISCAL IMPLICATIONS:

The State and municipalities will be liable in damages for violating the
civil rights of citizens

 
EFFECTIVE DATE:
Immediately

2021-S2170 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2170
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2021
                                ___________
 
 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN  ACT  to amend the civil rights law, in relation to the imposition of
   penalties and remedies in suits brought for the vindication  of  civil
   rights or human rights

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 10 and sections 100 and 101  of  the  civil  rights
 law,  as  renumbered  by chapter 263 of the laws of 2019, are renumbered
 article 11 and sections 110 and 111 and a new article  10  is  added  to
 read as follows:
 
                                ARTICLE 10
                          PENALTIES AND REMEDIES
 
 SECTION 100. PENALTIES AND REMEDIES.
   § 100. PENALTIES AND REMEDIES. 1. EVERY PERSON WHO, UNDER COLOR OF ANY
 STATUTE,  ORDINANCE,  REGULATION,  CUSTOM,  OR  USAGE,  OF  THIS  STATE,
 SUBJECTS, OR CAUSES TO BE SUBJECTED, ANY CITIZEN OF THIS STATE OR  OTHER
 PERSON WITHIN THE JURISDICTION THEREOF TO THE DEPRIVATION OF ANY RIGHTS,
 PRIVILEGES,  OR  IMMUNITIES SECURED BY THE CONSTITUTION AND LAWS OF THIS
 STATE, SHALL BE LIABLE TO THE PARTY INJURED IN AN ACTION AT LAW, SUIT IN
 EQUITY, OR OTHER PROPER PROCEEDING  FOR  REDRESS,  EXCEPT  THAT  IN  ANY
 ACTION  BROUGHT  AGAINST A JUDICIAL OFFICER FOR AN ACT OR OMISSION TAKEN
 IN SUCH OFFICER'S JUDICIAL CAPACITY,  INJUNCTIVE  RELIEF  SHALL  NOT  BE
 GRANTED  UNLESS  A DECLARATORY DECREE WAS VIOLATED OR DECLARATORY RELIEF
 WAS UNAVAILABLE.
   2. THE SUPREME COURT OF THE STATE OF NEW YORK SHALL HAVE  JURISDICTION
 OVER  ALL  SUITS BROUGHT FOR THE VINDICATION OF CIVIL RIGHTS AS PROVIDED
 IN SUBDIVISION ONE OF THIS SECTION. TO THE EXTENT THAT THE LAWS  OF  THE
 STATE  OF  NEW  YORK  FURNISH A REMEDY FOR THE VINDICATION OF SUCH CIVIL

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04042-01-1

 S. 2170                             2
 
 RIGHTS, SUCH LAWS SHALL BE APPLIED; BUT IN ALL CASES WHERE SUCH LAWS ARE
 DEFICIENT IN THE PROVISIONS NECESSARY TO FURNISH SUITABLE REMEDIES,  THE
 COMMON  LAW SHALL BE EXTENDED TO AND GOVERN THE SAID COURTS IN THE TRIAL
 AND DISPOSITION OF THE MATTER.
   3.  (A) IN ANY ACTION OR PROCEEDING TO ENFORCE THIS SECTION OR THE NEW
 YORK HUMAN RIGHTS LAW, THE COURT MUST AWARD THE PREVAILING PARTY,  OTHER
 THAN  THE  STATE OF NEW YORK, A REASONABLE ATTORNEY'S FEE AS PART OF THE
 COSTS, EXCEPT THAT IN ANY ACTION BROUGHT AGAINST A JUDICIAL OFFICER  FOR
 AN  ACT OR OMISSION TAKEN IN SUCH OFFICER'S JUDICIAL CAPACITY SUCH OFFI-
 CER SHALL NOT BE HELD LIABLE FOR ANY COSTS, INCLUDING  ATTORNEY'S  FEES,
 UNLESS SUCH ACTION WAS CLEARLY IN EXCESS OF SUCH OFFICER'S JURISDICTION.
   (B) IN AWARDING AN ATTORNEY'S FEE UNDER PARAGRAPH (A) OF THIS SUBDIVI-
 SION IN ANY ACTION OR PROCEEDING TO ENFORCE A PROVISION OF THIS ARTICLE,
 THE COURT SHALL INCLUDE REASONABLE EXPERT FEES AS PART OF THE ATTORNEY'S
 FEE.
   4.  THIS  ARTICLE  SHALL  SUPPLEMENT AND NOT DISPLACE ANY JURISDICTION
 CURRENTLY EXISTING IN THE COURTS  OR  ADMINISTRATIVE  AGENCIES  OF  THIS
 STATE  TO  THE  EXTENT  THAT  OTHER LAWS OF THIS STATE ALREADY PROVIDE A
 REMEDY FOR THE TYPE OF INJURY REFERRED TO IN THIS SECTION.
   5. IN INTERPRETING THIS SECTION, THE COURTS MAY CONSIDER THE FUNDAMEN-
 TAL PRINCIPLES ALREADY ENUNCIATED BY THE FEDERAL COURTS IN  INTERPRETING
 42  U.S.C. §§ 1983 AND 1988, WHICH ARE THE PARALLEL FEDERAL CIVIL RIGHTS
 LAWS.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

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