The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10978
 
                           I N  A S S E M B L Y
 
                             September 9, 2020
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Hunter) --
   read once and referred to the Committee on Governmental Operations
 
 AN ACT to amend the civil rights law, in relation to providing  a  civil
   action for deprivation of rights
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The civil rights law is amended by  adding  a  new  section
 79-q to read as follows:
   §  79-Q.  CIVIL  ACTION FOR DEPRIVATION OF RIGHTS.  1. (A) A PERSON OR
 PUBLIC ENTITY ACTING UNDER COLOR OF LAW THAT SUBJECTS OR  CAUSES  TO  BE
 SUBJECTED ANY OTHER PERSON TO THE DEPRIVATION OF ANY RIGHTS, PRIVILEGES,
 OR  IMMUNITIES  SECURED BY THE FEDERAL OR STATE CONSTITUTION OR LAWS, IS
 LIABLE TO THE INJURED PARTY FOR LEGAL OR EQUITABLE RELIEF OR  ANY  OTHER
 APPROPRIATE  RELIEF.   FOR THE PURPOSES OF THIS SECTION, A PUBLIC ENTITY
 SUBJECTS, OR CAUSES TO BE SUBJECTED, ANY PERSON TO  THE  DEPRIVATION  OF
 ANY  RIGHTS,  PRIVILEGES,  OR IMMUNITIES SECURED BY THE FEDERAL OR STATE
 CONSTITUTION OR LAWS, BY EMPLOYING ANY PERSON WHO VIOLATES THIS SECTION.
   (B) NOTWITHSTANDING ANY OTHER LAW  TO  THE  CONTRARY,  IN  ANY  ACTION
 BROUGHT  PURSUANT  TO  THIS  SECTION OR THE NEW YORK HUMAN RIGHTS LAW, A
 COURT SHALL AWARD REASONABLE ATTORNEY FEES AND  COSTS  TO  A  PREVAILING
 PLAINTIFF.  FOR  THE  PURPOSES  OF  THIS  SECTION, THE TERM "PREVAILING"
 INCLUDES A PLAINTIFF WHOSE COMMENCEMENT OF LITIGATION  HAS  ACTED  AS  A
 CATALYST  TO  EFFECT  CHANGE  IN  THE DEFENDANT'S CONDUCT, REGARDLESS OF
 WHETHER THAT CHANGE HAS BEEN IMPLEMENTED AS A RESULT OF  A  JUDGMENT  IN
 SUCH PLAINTIFF'S FAVOR. WHEN A JUDGMENT IS ENTERED IN FAVOR OF A DEFEND-
 ANT,  THE  COURT  MAY  AWARD  REASONABLE  COSTS AND ATTORNEY FEES TO THE
 DEFENDANT ONLY FOR DEFENDING ANY CLAIMS THE COURT FINDS FRIVOLOUS.
   2. (A) IF A PERSON OR PUBLIC ENTITY ACTING UNDER  COLOR  OF  LAW  THAT
 SUBJECTS  OR  CAUSES TO BE SUBJECTED ANY OTHER PERSON TO THE DEPRIVATION
 OF ANY RIGHTS, PRIVILEGES, OR IMMUNITIES SECURED BY THE FEDERAL OR STATE
 CONSTITUTION OR LAWS, THE ATTORNEY GENERAL MAY BRING A CIVIL ACTION  FOR
 LEGAL  OR  EQUITABLE  RELIEF  OR  OTHER PROPER REDRESS. THE CIVIL ACTION
 SHALL BE BROUGHT IN THE NAME OF THE STATE AND MAY BE BROUGHT  ON  BEHALF
 OF  THE  INJURED  PARTY.  A CIVIL ACTION BROUGHT BY THE ATTORNEY GENERAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD16774-08-0

 A. 10978                            2
 
 SHALL NOT FORECLOSE AN INJURED  PARTY  FROM  BRINGING  THEIR  OWN  CIVIL
 ACTION  FOR  LEGAL  OR EQUITABLE RELIEF OR OTHER PROPER REDRESS. A CIVIL
 ACTION BROUGHT BY AN INJURED PARTY  SHALL  NOT  FORECLOSE  THE  ATTORNEY
 GENERAL  FROM  BRINGING  A CIVIL ACTION FOR LEGAL OR EQUITABLE RELIEF OR
 OTHER PROPER REDRESS.
   (B) IF THE ATTORNEY GENERAL PREVAILS IN AN ACTION BROUGHT PURSUANT  TO
 THIS  SECTION,  THE  COURT  SHALL ORDER THE DISTRIBUTION OF ANY AWARD OF
 DAMAGES TO THE INJURED PARTY.
   3. (A) STATUTORY IMMUNITIES AND STATUTORY  LIMITATIONS  ON  LIABILITY,
 DAMAGES OR ATTORNEY FEES DO NOT APPLY TO CLAIMS BROUGHT PURSUANT TO THIS
 SECTION.
   (B)  IT  SHALL  NOT BE A DEFENSE OR IMMUNITY TO ANY ACTION BROUGHT FOR
 THE DEPRIVATION OF ANY RIGHTS, PRIVILEGES, OR IMMUNITIES SECURED BY  THE
 FEDERAL  OR  STATE CONSTITUTION AND LAWS, THAT SUCH DEFENDANT WAS ACTING
 IN GOOD FAITH, OR THAT THE DEFENDANT BELIEVED, REASONABLY OR  OTHERWISE,
 THAT  THEIR  CONDUCT  WAS LAWFUL AT THE TIME SUCH CONDUCT WAS COMMITTED.
 NOR SHALL IT BE A DEFENSE OR IMMUNITY THAT THE  RIGHTS,  PRIVILEGES,  OR
 IMMUNITIES SECURED BY THE FEDERAL OR STATE CONSTITUTION OR LAWS WERE NOT
 CLEARLY  ESTABLISHED  AT THE TIME OF THEIR DEPRIVATION BY THE DEFENDANT,
 OR THAT THE STATE OF THE LAW WAS OTHERWISE SUCH THAT THE DEFENDANT COULD
 NOT REASONABLY HAVE BEEN EXPECTED TO  KNOW  WHETHER  THEIR  CONDUCT  WAS
 LAWFUL.
   4.  A  CIVIL ACTION PURSUANT TO THIS SECTION SHALL BE COMMENCED WITHIN
 THREE YEARS AFTER THE CAUSE OF ACTION ACCRUES.
   5. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A PUBLIC  ENTITY  SHALL
 INDEMNIFY ITS PUBLIC EMPLOYEE FOR ANY LIABILITY INCURRED BY THE EMPLOYEE
 AND  FOR  ANY  JUDGMENT  ENTERED AGAINST THE EMPLOYEE FOR CLAIMS ARISING
 UNDER THIS SECTION; EXCEPT THAT A PUBLIC ENTITY SHALL  NOT  INDEMNIFY  A
 PUBLIC  EMPLOYEE  IF  THE EMPLOYEE WAS CONVICTED OF A CRIMINAL VIOLATION
 FOR THE CONDUCT FROM WHICH THE CLAIM ARISES.
   6. FOR THE PURPOSE OF THIS SECTION, "PUBLIC  ENTITY"  SHALL  MEAN  THE
 STATE,  ANY COUNTY, CITY AND COUNTY, MUNICIPALITY, AND EVERY OTHER POLI-
 TICAL SUBDIVISION OF THE STATE; AND ANY PRIVATE ENTITY THAT  ENGAGES  IN
 STATE ACTION.
   7.  THE  IMMUNITY GRANTED PURSUANT TO SUBDIVISION ONE OF SECTION TWEN-
 TY-FOUR OF THE CORRECTION LAW SHALL NOT EXTEND TO ACTIONS BROUGHT PURSU-
 ANT TO THIS SECTION.
   8. NOTWITHSTANDING ANY OTHER  PROVISION  OF  LAW,  INCLUDING  BUT  NOT
 LIMITED TO SUBDIVISION TWO OF SECTION TWENTY-FOUR OF THE CORRECTION LAW,
 ACTIONS  BROUGHT  PURSUANT TO THIS SECTION MAY BE COMMENCED IN ANY COURT
 OF COMPETENT JURISDICTION, INCLUDING THE SUPREME COURT.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law.