Assembly Bill A528

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    528
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  M.  of  A. STECK, REYES -- read once and referred to the
   Committee on Governmental Operations
 
 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

   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 WHO, 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 THEREOF 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 OFFICER FOR AN ACT OR  OMISSION  TAKEN
 IN  SUCH  OFFICER'S  JUDICIAL  CAPACITY,  INJUNCTIVE RELIEF SHALL NOT BE
 GRANTED UNLESS A DECLARATORY DECREE WAS VIOLATED OR  DECLARATORY  RELIEF
 WAS UNAVAILABLE.
   2.  THE SUPREME COURT OF THE STATE OF NEW YORK 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01076-01-5
 A. 528                              2
 
 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.
   3. (A) IN ANY ACTION OR PROCEEDING TO ENFORCE THIS SECTION OR THE  NEW
 YORK  HUMAN RIGHTS LAW, THE COURT MUST AWARD THE PREVAILING PARTY, OTHER
 THAN THE STATE OF NEW YORK, A REASONABLE ATTORNEY'S FEE AS PART  OF  THE
 COSTS,  EXCEPT THAT IN ANY ACTION BROUGHT AGAINST A JUDICIAL OFFICER FOR
 AN ACT OR OMISSION TAKEN IN SUCH OFFICER'S JUDICIAL CAPACITY SUCH  OFFI-
 CER  SHALL  NOT BE HELD LIABLE FOR ANY COSTS, INCLUDING ATTORNEY'S FEES,
 UNLESS SUCH ACTION WAS CLEARLY IN EXCESS OF SUCH OFFICER'S JURISDICTION.
   (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 SUPPLEMENT AND  NOT  DISPLACE  ANY  JURISDICTION
 CURRENTLY  EXISTING  IN  THE  COURTS  OR ADMINISTRATIVE AGENCIES OF THIS
 STATE TO THE EXTENT THAT OTHER LAWS OF  THIS  STATE  ALREADY  PROVIDE  A
 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.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.