S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4281
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2023
                                ___________
 
 Introduced  by  M.  of A. STECK, SIMON, SEAWRIGHT, ZINERMAN -- 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; 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-
 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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05473-01-3
              

 A. 4281                             2
 
   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.