Assembly Bill A263

                             
                     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.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  263--B
                                                          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 -- again amended on third reading, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD04042-06-2
 A. 263--B                           2
 
 FOR  REDRESS, EXCEPT THAT IN ANY ACTION BROUGHT AGAINST A JUDICIAL OFFI-
 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.  THE PARTIES IN AN ACTION BROUGHT PURSUANT TO THIS SECTION
 SHALL HAVE THE RIGHT TO A JURY TRIAL.
   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, EXCEPT AS  SET  FORTH
 HEREIN,  CONSIDER  THE  FUNDAMENTAL 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 OR ENTITY COMMITTING CONSTITUTIONAL VIOLATIONS AS REFERRED TO  IN
 SUBDIVISION  ONE  OF THIS SECTION.  ANY ACT COMMITTED WHILE ON THE PREM-
 ISES 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.