senate Bill S8668B

2019-2020 Legislative Session

Relates to providing a civil action for deprivation of rights

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 21, 2020 print number 8668b
Aug 21, 2020 amend and recommit to rules
Jul 20, 2020 print number 8668a
Jul 20, 2020 amend (t) and recommit to rules
Jul 02, 2020 referred to rules

Co-Sponsors

S8668 - Details

See Assembly Version of this Bill:
A10978
Current Committee:
Senate Rules
Law Section:
Civil Rights Law
Laws Affected:
Add §79-q, Civ Rts L
Versions Introduced in 2021-2022 Legislative Session:
S1991, A4331

S8668 - Summary

Provides a civil action for deprivation of rights which is caused by any person or public entity.

S8668 - Sponsor Memo

S8668 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8668
 
                             I N  S E N A T E
 
                               July 2, 2020
                                ___________
 
 Introduced  by  Sen. JACKSON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the civil rights law, in relation  to  ending  qualified
   immunity  for law enforcement; and providing a civil action for depri-
   vation 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. QUALIFIED IMMUNITY FOR LAW ENFORCEMENT  DEFENDANTS.  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 WHERE THE DEFENDANT IS  A  POLICE  OFFICER,  PEACE
 OFFICER,  CORRECTION  OFFICER OR OTHER LAW ENFORCEMENT REPRESENTATIVE OR
 ENTITY, THAT SUCH DEFENDANT WAS  ACTING  IN  GOOD  FAITH,  OR  THAT  THE
 DEFENDANT BELIEVED, REASONABLY OR OTHERWISE, THAT HIS OR HER CONDUCT WAS
 LAWFUL  AT  THE TIME WHEN IT 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 HIS OR HER CONDUCT WAS LAWFUL.
   § 2. The civil rights law is amended by adding a new section  79-r  to
 read as follows:
   §  79-R.  CIVIL  ACTION FOR DEPRIVATION OF RIGHTS.  1. (A) A PERSON OR
 PUBLIC ENTITY 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Co-Sponsors

S8668A - Details

See Assembly Version of this Bill:
A10978
Current Committee:
Senate Rules
Law Section:
Civil Rights Law
Laws Affected:
Add §79-q, Civ Rts L
Versions Introduced in 2021-2022 Legislative Session:
S1991, A4331

S8668A - Summary

Provides a civil action for deprivation of rights which is caused by any person or public entity.

S8668A - Sponsor Memo

S8668A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8668--A
 
                             I N  S E N A T E
 
                               July 2, 2020
                                ___________
 
 Introduced  by  Sens. JACKSON, SALAZAR, RIVERA -- read twice and ordered
   printed, and when printed to be committed to the Committee on Rules --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 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  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)  IN  ANY  ACTION  BROUGHT  PURSUANT TO THIS SECTION, 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 DEFENDANT, 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 THAT SUBJECTS OR CAUSES TO BE
 SUBJECTED ANY OTHER PERSON TO THE DEPRIVATION OR 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Co-Sponsors

S8668B (ACTIVE) - Details

See Assembly Version of this Bill:
A10978
Current Committee:
Senate Rules
Law Section:
Civil Rights Law
Laws Affected:
Add §79-q, Civ Rts L
Versions Introduced in 2021-2022 Legislative Session:
S1991, A4331

S8668B (ACTIVE) - Summary

Provides a civil action for deprivation of rights which is caused by any person or public entity.

S8668B (ACTIVE) - Sponsor Memo

S8668B (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8668--B
 
                             I N  S E N A T E
 
                               July 2, 2020
                                ___________
 
 Introduced  by  Sens. JACKSON, SALAZAR, RIVERA -- read twice and ordered
   printed, and when printed to be committed to the Committee on Rules --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted  to  said committee -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee

 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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