The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  710--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2023
                                ___________
 
 Introduced  by  M. of A. HUNTER, REYES, SIMON, EPSTEIN, CLARK, MITAYNES,
   GONZALEZ-ROJAS, ZINERMAN, MAMDANI,  BURGOS,  RAMOS,  FORREST,  KELLES,
   SEAWRIGHT,  JACKSON, BICHOTTE HERMELYN, JEAN-PIERRE, DAVILA, DINOWITZ,
   ANDERSON, L. ROSENTHAL, MEEKS, GALLAGHER, KIM, WALKER,  CRUZ,  HEVESI,
   STECK, CARROLL, GLICK, GIBBS, TAYLOR, RIVERA, TAPIA, CUNNINGHAM, COOK,
   LUCAS,  SHRESTHA, HYNDMAN, ARDILA, RAGA, SIMONE, DE LOS SANTOS, AUBRY,
   BORES -- Multi-Sponsored by -- M. of  A.  PRETLOW  --  read  once  and
   referred  to  the Committee on Judiciary -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 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-r to read as follows:
   § 79-R. 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01354-03-3

 A. 710--A                           2
 
 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
 CONSTITUTION  OR LAWS, THE ATTORNEY GENERAL MAY BRING A CIVIL ACTION FOR
 LEGAL OR EQUITABLE RELIEF OR OTHER  PROPER  REDRESS.  THE  CIVIL  ACTION
 SHALL  BE  BROUGHT IN THE NAME OF THE STATE AND MAY BE BROUGHT ON BEHALF
 OF THE INJURED PARTY. A CIVIL ACTION BROUGHT  BY  THE  ATTORNEY  GENERAL
 SHALL  NOT  FORECLOSE  AN  INJURED  PARTY  FROM BRINGING THEIR OWN CIVIL
 ACTION FOR LEGAL OR EQUITABLE RELIEF OR OTHER PROPER  REDRESS.  A  CIVIL
 ACTION  BROUGHT  BY  AN  INJURED  PARTY SHALL NOT FORECLOSE THE ATTORNEY
 GENERAL FROM BRINGING A CIVIL ACTION FOR LEGAL OR  EQUITABLE  RELIEF  OR
 OTHER PROPER REDRESS.
   (B)  IF THE ATTORNEY GENERAL PREVAILS IN AN ACTION BROUGHT PURSUANT TO
 THIS SECTION, THE COURT SHALL ORDER THE DISTRIBUTION  OF  ANY  AWARD  OF
 DAMAGES TO THE INJURED PARTY.
   3.  (A)  STATUTORY  IMMUNITIES AND STATUTORY LIMITATIONS ON LIABILITY,
 DAMAGES OR ATTORNEY FEES DO NOT APPLY TO CLAIMS BROUGHT PURSUANT TO THIS
 SECTION.
   (B) IT SHALL NOT BE A DEFENSE OR IMMUNITY TO ANY  ACTION  BROUGHT  FOR
 THE  DEPRIVATION OF ANY RIGHTS, PRIVILEGES, OR IMMUNITIES SECURED BY THE
 FEDERAL OR STATE CONSTITUTION AND LAWS, THAT SUCH DEFENDANT  WAS  ACTING
 IN  GOOD FAITH, OR THAT THE DEFENDANT BELIEVED, REASONABLY OR OTHERWISE,
 THAT THEIR CONDUCT WAS LAWFUL AT THE TIME SUCH  CONDUCT  WAS  COMMITTED.
 NOR  SHALL  IT  BE A DEFENSE OR IMMUNITY THAT THE RIGHTS, PRIVILEGES, OR
 IMMUNITIES SECURED BY THE FEDERAL OR STATE CONSTITUTION OR LAWS WERE NOT
 CLEARLY ESTABLISHED AT THE TIME OF THEIR DEPRIVATION BY  THE  DEFENDANT,
 OR THAT THE STATE OF THE LAW WAS OTHERWISE SUCH THAT THE DEFENDANT COULD
 NOT  REASONABLY  HAVE  BEEN  EXPECTED  TO KNOW WHETHER THEIR CONDUCT WAS
 LAWFUL.
   4. A CIVIL ACTION PURSUANT TO THIS SECTION SHALL BE  COMMENCED  WITHIN
 THREE YEARS AFTER THE CAUSE OF ACTION ACCRUES.
   5.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, A PUBLIC ENTITY SHALL
 INDEMNIFY ITS PUBLIC EMPLOYEE FOR ANY LIABILITY INCURRED BY THE EMPLOYEE
 AND FOR ANY JUDGMENT ENTERED AGAINST THE  EMPLOYEE  FOR  CLAIMS  ARISING
 UNDER THIS SECTION.
   6.  FOR  THE  PURPOSE  OF THIS SECTION, "PUBLIC ENTITY" SHALL MEAN THE
 STATE, ANY COUNTY, CITY AND COUNTY, MUNICIPALITY, AND EVERY OTHER  POLI-
 TICAL  SUBDIVISION  OF THE STATE; AND ANY PRIVATE ENTITY THAT ENGAGES IN
 STATE ACTION.
   7. THE IMMUNITY GRANTED PURSUANT TO SUBDIVISION ONE OF  SECTION  TWEN-
 TY-FOUR OF THE CORRECTION LAW SHALL NOT EXTEND TO ACTIONS BROUGHT PURSU-
 ANT TO THIS SECTION.
   8.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW, INCLUDING BUT NOT
 LIMITED TO SUBDIVISION TWO OF SECTION TWENTY-FOUR OF THE CORRECTION LAW,
 ACTIONS BROUGHT PURSUANT TO THIS SECTION MAY BE COMMENCED IN  ANY  COURT
 OF COMPETENT JURISDICTION, INCLUDING THE SUPREME COURT.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 A. 710--A                           3
 
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 3. This act shall take effect immediately.