Assembly Bill A10792

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10792
 
                           I N  A S S E M B L Y
 
                               May 18, 2018
                                ___________
 
 Introduced  by M. of A. STECK -- read once and referred to the Committee
   on Judiciary
 
 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 9 and sections 90 and 91 of the civil right law, as
 renumbered by chapter 310 of the laws of 1962, are renumbered article 10
 and  sections  100  and  101  and  a  new  article 9 is added to read as
 follows:
 
                                 ARTICLE 9
                          PENALTIES AND REMEDIES
 
 SECTION 90. PENALTIES AND REMEDIES.
   § 90. PENALTIES. 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  OFFI-
 CER'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
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15221-01-8

 A. 10792                            2
 
   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  UNITED  STATES,  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  SHALL  APPLY  THE  SAME
 FUNDAMENTAL  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.