|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 16, 2021||referred to investigations and government operations|
senate Bill S1991
Current Bill Status - In Senate Committee Investigations And Government Operations Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S1991 (ACTIVE) - Details
S1991 (ACTIVE) - Sponsor Memo
BILL NUMBER: S1991 SPONSOR: JACKSON TITLE OF BILL: An act to amend the civil rights law, in relation to providing a civil action for deprivation of rights PURPOSE: The purpose of this legislation is to end the defense of qualified immu- nity for law enforcement when they deprive the rights of New Yorkers as well as provide a state cause of action that may be brought by injured individuals and the Attorney General. SUMMARY OF PROVISIONS: Section 1 adds a new section 79-Q of the Civil Rights Law to end the defense of qualified immunity for certain defendants acting under color of law. This section also provides a state cause of action for the deprivation of rights, privileges, or immunities secured by the federal
S1991 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1991 2021-2022 Regular Sessions I N S E N A T E January 16, 2021 ___________ Introduced by Sens. JACKSON, SALAZAR, RAMOS, RIVERA -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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