Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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Sep 09, 2020 | referred to governmental operations |
Archive: Last Bill Status - In Assembly Committee
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
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Co-Sponsors
Richard Gottfried
Tremaine Wright
Karines Reyes
Walter T. Mosley
A10978 (ACTIVE) - Details
A10978 (ACTIVE) - Bill Text download pdf
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