Assembly Bill A263B

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    263
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M. of A. STECK -- Multi-Sponsored by -- M. of A. BARRON,
   SEAWRIGHT -- 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  10  and sections 100 and 101 of the civil rights
 law, as renumbered by chapter 263 of the laws of  2019,  are  renumbered
 article  11  and  sections  110 and 111 and a new article 10 is added to
 read as follows:
 
                                ARTICLE 10
                          PENALTIES AND REMEDIES
 
 SECTION 100. PENALTIES AND REMEDIES.
   § 100. PENALTIES AND REMEDIES. 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  OFFICER'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

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

                       [ ] is old law to be omitted.
                                                            LBD04042-01-1

 A. 263                              2
 
 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.
   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 STATE OF NEW YORK, 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 MAY CONSIDER THE FUNDAMEN-
 TAL  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.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  263--A
                                                          Cal. No. 17
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of A. STECK, ZINERMAN, SEAWRIGHT, SIMON -- read once
   and referred to the Committee on Judiciary -- ordered to a third read-
   ing, amended and ordered reprinted, retaining its place on  the  order
   of third reading
 
 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; and to repeal section 24 of the correction law
   relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 10 and sections 100 and 101  of  the  civil  rights
 law,  as  renumbered  by chapter 263 of the laws of 2019, are renumbered
 article 11 and sections 110 and 111 and a new article  10  is  added  to
 read as follows:
 
                                ARTICLE 10
                          PENALTIES AND REMEDIES
 
 SECTION 100. PENALTIES AND REMEDIES.
   §  100.  PENALTIES  AND  REMEDIES.  1.  EVERY PERSON OR THE STATE, ITS
 SUBDIVISIONS, AGENCIES, PUBLIC AUTHORITIES,  AND  ANY  OTHER  AFFILIATED
 ENTITIES,  AND  ALL  MUNICIPAL ENTITIES IN THIS STATE, INCLUDING BUT NOT
 LIMITED TO COUNTIES, SCHOOL  DISTRICTS,  TOWNS,  AND  VILLAGES  WHO,  IS
 ACTING  OR WHICH ACTS 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 THERE-
 OF  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 OFFI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD04042-05-2
 A. 263--A                           2
 
 CER FOR AN ACT OR OMISSION TAKEN IN  SUCH  OFFICER'S  JUDICIAL  CAPACITY
 SUCH  OFFICER SHALL NOT BE HELD LIABLE UNLESS SUCH ACTION WAS CLEARLY IN
 EXCESS OF SUCH OFFICER'S JURISDICTION.
   2.  THE  SUPREME  COURT 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.   THE PARTIES IN  AN  ACTION  BROUGHT  PURSUANT  TO  THIS
 SECTION  SHALL  HAVE  THE  RIGHT TO A JURY TRIAL. A REMEDY THAT DOES NOT
 INCLUDE THE RIGHT TO A JURY TRIAL OR RECOVERY  OF  ATTORNEYS'  FEES  AND
 EXPERT  FEES  AS  PROVIDED  IN  THIS  SECTION SHALL NOT BE CONSIDERED AN
 ADEQUATE REMEDY.
   3. (A) IN ANY ACTION OR PROCEEDING TO  ENFORCE  THIS  SECTION  OR  THE
 HUMAN RIGHTS LAW, THE COURT SHALL AWARD THE PREVAILING PARTY, OTHER THAN
 THE STATE, A REASONABLE ATTORNEY'S FEE AS PART OF THE COSTS.
   (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 DISPLACE ANY JURISDICTION CURRENTLY EXISTING IN
 THE COURTS OR ADMINISTRATIVE AGENCIES OF THIS STATE  AND  SHALL  BE  THE
 EXCLUSIVE REMEDY FOR THE TYPE OF INJURY REFERRED TO IN THIS SECTION.
   5. IN INTERPRETING THIS SECTION, THE COURTS MAY CONSIDER THE FUNDAMEN-
 TAL  PRINCIPLES ALREADY ENUNCIATED BY THE FEDERAL COURTS IN INTERPRETING
 42 U.S.C. §§ 1983 AND 1988, WHICH ARE THE PARALLEL FEDERAL CIVIL  RIGHTS
 LAWS, EXCEPT AS INDICATED IN SUBDIVISIONS SIX AND SEVEN OF THIS SECTION.
   6.  THE  STATE  HEREBY  WAIVES  ITS SOVEREIGN IMMUNITY AND CONSENTS ON
 BEHALF OF ITSELF, ITS SUBDIVISIONS, AGENCIES,  PUBLIC  AUTHORITIES,  AND
 ANY  OTHER AFFILIATED ENTITY TO SUIT AS PROVIDED HEREIN. THE DOCTRINE OF
 QUALIFIED IMMUNITY IS HEREBY ABOLISHED AND SHALL NOT BE  ASSERTED  AS  A
 DEFENSE  TO  ANY  ACTION ARISING UNDER THIS SECTION, UNLESS SPECIFICALLY
 SET FORTH IN THIS SECTION.
   7. THE STATE, ITS SUBDIVISIONS, AGENCIES, PUBLIC AUTHORITIES, AND  ANY
 OTHER  AFFILIATED  ENTITIES,  AND  ALL MUNICIPAL ENTITIES IN THIS STATE,
 INCLUDING BUT NOT LIMITED TO  COUNTIES,  SCHOOL  DISTRICTS,  TOWNS,  AND
 VILLAGES,  SHALL BE LIABLE IN RESPONDANT SUPERIOR FOR THE ACTIONS OF ANY
 PERSON COMMITTING CONSTITUTIONAL VIOLATIONS AS REFERRED TO  IN  SUBDIVI-
 SION  ONE  OF THIS SECTION.   ANY ACT COMMITTED WHILE ON THE PREMISES OF
 THE EMPLOYER OR USING EQUIPMENT OR AN INSTRUMENTALITY  PROVIDED  BY  THE
 EMPLOYER SHALL BE CONSIDERED WITHIN THE SCOPE OF EMPLOYMENT.
   § 2. Section 24 of the correction law is REPEALED.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.