senate Bill S8669

2019-2020 Legislative Session

Relates to "The Restoring Accountability and Civil Equity Act"

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 (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 02, 2020 referred to rules

Co-Sponsors

S8669 (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Civil Rights Law
Laws Affected:
Add Art 3-A §§30 - 35, Civ Rts L; amd R3211, CPLR

S8669 (ACTIVE) - Summary

Relates to filling the void left by the expansive and overbroad applicability of the qualified immunity doctrine that operates as a near absolute shield to civil liability for public officials and ensure that state officials are justly held accountable for violating an individual's rights, privileges and immunities under state law.

S8669 (ACTIVE) - Sponsor Memo

S8669 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8669

                            I N  S E N A T E

                              July 2, 2020
                               ___________

Introduced  by  Sens.  MYRIE,  BAILEY, HOYLMAN -- read twice and ordered
  printed, and when printed to be committed to the Committee on Rules

AN ACT to amend the civil rights law and  the  civil  practice  law  and
  rules, in relation to filling the void left by the expansive and over-
  broad  applicability  of the qualified immunity doctrine that operates
  as a near absolute shield to civil liability for public officials  and
  ensure  that state officials are justly held accountable for violating
  an individual's rights, privileges and immunities under state law

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. This act shall be known and may be cited as "The Restoring
Accountability and Civil Equity Act," or The RACE Act.
  § 2. The civil rights law is amended by adding a new  article  3-A  to
read as follows:
                               ARTICLE 3-A
            THE RESTORING ACCOUNTABILITY AND CIVIL EQUITY ACT
SECTION 30. LIABILITY FOR RIGHTS VIOLATIONS.
        31. PROCEEDINGS.
        32. BURDEN OF PROOF.
        33. LEGAL DEFENSE OF "EXEMPTION".
        34. PRE-EMPTION.
        35. REMEDIES.
  §  30.  LIABILITY  FOR RIGHTS VIOLATIONS. A. ANY PERSON WHO, UNDER THE
COLOR OF ANY STATUTE, ORDINANCE, REGULATION, CUSTOM, OR USAGE,  OF  THIS
STATE  OR  ANY  OF ITS POLITICAL SUBDIVISIONS, SUBJECTS, OR CAUSES TO BE
SUBJECTED, ANY PERSON WITHIN THE JURISDICTION THEREOF TO THE DEPRIVATION
OF ANY RIGHTS, PRIVILEGES, OR IMMUNITIES SECURED BY THE CONSTITUTION AND
LAWS OF THIS STATE, OR WHOSE EXERCISE  OR  ENJOYMENT  OF  THOSE  RIGHTS,
PRIVILEGES  OR  IMMUNITIES  HAS  BEEN INTERFERED WITH OR ATTEMPTED TO BE
INTERFERED WITH, BY THREATS, INTIMIDATION OR COERCION BY A PERSON ACTING
UNDER THE COLOR OF ANY STATUTE, ORDINANCE, REGULATION, CUSTOM, OR USAGE,
OF THIS STATE OR ANY OF ITS POLITICAL SUBDIVISIONS, SHALL BE  LIABLE  TO
THE  PARTY  INJURED IN AN ACTION AT LAW, SUIT IN EQUITY, OR OTHER PROPER
PROCEEDING FOR REDRESS.

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

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