Senate Bill S1950

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1950
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2025
                                ___________
 
 Introduced  by  Sens. WEBER, BORRELLO -- read twice and ordered printed,
   and when printed to be committed to the Committee on Ethics and Inter-
   nal Governance
 
 AN ACT to amend the public officers  law,  in  relation  to  prohibiting
   qualified immunity for elected public officials

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) of subdivision 1 of section 17 of the  public
 officers  law, as amended by chapter 293 of the laws of 1992, is amended
 to read as follows:
   (a) As used in this section, unless the context otherwise requires the
 term "employee" shall mean any person holding a position by  [election,]
 appointment  or  employment in the service of the state, including clin-
 ical practice pursuant to subdivision fourteen of  section  two  hundred
 six of the public health law, whether or not compensated, or a volunteer
 expressly  authorized  to  participate  in  a  state-sponsored volunteer
 program, but shall not  include  an  independent  contractor.  The  term
 employee  shall  include a former employee, [his] SUCH EMPLOYEE'S estate
 or judicially appointed personal representative and persons  who  assist
 the  education  department or the department of health as consultants or
 expert witnesses in the investigation or prosecution of alleged  profes-
 sional misconduct, licensure matters, restoration proceedings, or crimi-
 nal  prosecutions  for  unauthorized practice pursuant to title eight of
 the education law or title II-A OF ARTICLE TWO of the public health law.
   § 2. The public officers law is amended by adding a new  section  17-b
 to read as follows:
   §  17-B.  CIVIL  ACTION;  ELECTED  OFFICIAL;  QUALIFIED IMMUNITY NOT A
 DEFENSE. 1. AN ELECTED PUBLIC OFFICIAL ACTING UNDER  COLOR  OF  LAW  WHO
 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.
                                                            LBD03326-01-5
 S. 1950                             2
              

 
 CONSTITUTION OR LAWS, IS LIABLE TO THE INJURED PARTY FOR LEGAL OR  EQUI-
 TABLE RELIEF OR ANY OTHER APPROPRIATE RELIEF.
   2. IT SHALL NOT BE A DEFENSE OR IMMUNITY TO ANY ACTION THAT AN ELECTED
 PUBLIC  OFFICER  WAS  ACTING  IN GOOD FAITH, OR THAT SUCH PUBLIC OFFICER
 BELIEVED, REASONABLY OR OTHERWISE, THAT THEIR CONDUCT WAS LAWFUL AT  THE
 TIME  WHEN  IT 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 OR INTERFERENCE OR ATTEMPTED INTERFERENCE BY THE  DEFENDANT,
 OR  THAT THE STATE OF THE LAW WAS OTHERWISE SUCH THAT THE PUBLIC OFFICER
 COULD NOT REASONABLY HAVE BEEN EXPECTED TO KNOW  WHETHER  THEIR  CONDUCT
 WAS LAWFUL.
   3.  (A)  IF  AN  ELECTED PUBLIC OFFICER 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.
   4.  STATUTORY  IMMUNITIES  AND  STATUTORY  LIMITATIONS  ON  LIABILITY,
 DAMAGES OR ATTORNEY FEES DO NOT APPLY TO CLAIMS BROUGHT PURSUANT TO THIS
 SECTION.
   § 3. This act shall take effect immediately.