assembly Bill A710A

2023-2024 Legislative Session

Relates to providing a civil action for deprivation of rights

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Sponsored By

Current Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 30, 2023 print number 710a
Mar 30, 2023 amend and recommit to judiciary
Jan 11, 2023 referred to judiciary

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A710 - Details

See Senate Version of this Bill:
S182
Current Committee:
Assembly Judiciary
Law Section:
Civil Rights Law
Laws Affected:
Add §79-r, Civ Rts L
Versions Introduced in Other Legislative Sessions:
2019-2020: A10978, S8668
2021-2022: A4331, S1991

A710 - Summary

Provides a civil action for deprivation of rights which is caused by any person or public entity.

A710 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    710
 
                        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  --  Multi-Sponsored  by  --  M.  of A. PRETLOW -- read once and
   referred to the Committee on Judiciary
 
 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
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01354-01-3
 A. 710                              2

Co-Sponsors

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Multi-Sponsors

A710A (ACTIVE) - Details

See Senate Version of this Bill:
S182
Current Committee:
Assembly Judiciary
Law Section:
Civil Rights Law
Laws Affected:
Add §79-r, Civ Rts L
Versions Introduced in Other Legislative Sessions:
2019-2020: A10978, S8668
2021-2022: A4331, S1991

A710A (ACTIVE) - Summary

Provides a civil action for deprivation of rights which is caused by any person or public entity.

A710A (ACTIVE) - Bill Text download pdf

 
                     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