S T A T E O F N E W Y O R K
________________________________________________________________________
3280
2025-2026 Regular Sessions
I N S E N A T E
January 24, 2025
___________
Introduced by Sens. MYRIE, BAILEY, COONEY, HOYLMAN-SIGAL, RIVERA -- read
twice and ordered printed, and when printed to be committed to the
Committee on Codes
AN ACT to amend the civil rights law, in relation to filling the void
left by the expansive and overbroad applicability of the qualified
immunity doctrine that operates as a near absolute shield to civil
liability for public officials and ensure that state officials are
justly held accountable for violating an individual's rights, privi-
leges and immunities under state law
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as "The Restoring
Accountability and Civil Equity Act," or The RACE Act.
§ 2. The civil rights law is amended by adding a new article 3-A to
read as follows:
ARTICLE 3-A
THE RESTORING ACCOUNTABILITY AND CIVIL EQUITY ACT
SECTION 30. LIABILITY FOR RIGHTS VIOLATIONS.
31. PROCEEDINGS.
32. BURDEN OF PROOF.
33. QUALIFIED IMMUNITY NOT A DEFENSE.
34. PRE-EMPTION.
35. REMEDIES.
36. INDEMNIFICATION.
§ 30. LIABILITY FOR RIGHTS VIOLATIONS. A. ANY PERSON WHO, UNDER THE
COLOR OF LAW, SUBJECTS, OR CAUSES TO BE SUBJECTED, ANY PERSON WITHIN THE
JURISDICTION THEREOF TO THE DEPRIVATION OF ANY RIGHTS, PRIVILEGES, OR
IMMUNITIES SECURED BY THE FEDERAL OR STATE CONSTITUTION OR LAWS, OR
WHOSE EXERCISE OR ENJOYMENT OF THOSE RIGHTS, PRIVILEGES OR IMMUNITIES
HAS BEEN INTERFERED WITH OR ATTEMPTED TO BE INTERFERED WITH, BY THREATS,
INTIMIDATION OR COERCION BY A PERSON ACTING UNDER THE COLOR OF LAW,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07720-01-5
S. 3280 2
SHALL BE LIABLE TO THE PARTY INJURED IN AN ACTION AT LAW, SUIT IN EQUI-
TY, OR OTHER PROPER PROCEEDING FOR REDRESS.
B. IF THE INJURED PARTY IS INCAPACITATED, DECEASED, OR OTHERWISE
UNAVAILABLE AS A MATTER OF LAW, AN ACTION UNDER SUBDIVISION A OF THIS
SECTION MAY BE BROUGHT BY AND IN THE NAME OF THE SURVIVING SPOUSE,
CHILD, PARENT OR GUARDIAN, OR PERSONAL REPRESENTATIVE OF THE INJURED
PARTY AND ON BEHALF OF THE SPOUSE, CHILDREN OR PARENTS, OR IF NONE OF
THESE SURVIVE, ON BEHALF OF THE INJURED PARTY'S ESTATE.
C. IF A PERSON, ACTING UNDER THE COLOR OF LAW, SUBJECTS, OR CAUSES TO
BE SUBJECTED, ANY OTHER PERSON THE DEPRIVATION OF ANY RIGHTS, PRIVI-
LEGES, OR IMMUNITIES SECURED BY THE FEDERAL OR STATE CONSTITUTION OR
LAWS, OR INTERFERES WITH OR ATTEMPTS TO INTERFERE WITH THE EXERCISE OR
ENJOYMENT OF THOSE RIGHTS, PRIVILEGES OR IMMUNITIES SECURED BY THE
FEDERAL OR STATE CONSTITUTION OR LAWS, BY THREATS, INTIMIDATION OR COER-
CION, THE ATTORNEY GENERAL MAY BRING A CIVIL ACTION FOR DAMAGES, INJUNC-
TIVE RELIEF OR OTHER APPROPRIATE RELIEF. THE CIVIL ACTION SHALL BE
BROUGHT IN THE NAME OF THE STATE AND MAY BE BROUGHT ON BEHALF OF THE
INJURED PARTY. IF THE ATTORNEY GENERAL PROCEEDS WITH AND PREVAILS IN AN
ACTION BROUGHT PURSUANT TO THIS SECTION, THE COURT SHALL ORDER THE
DISTRIBUTION OF ANY AWARD OF DAMAGES TO THE INJURED PARTY AND SHALL
AWARD REASONABLE ATTORNEY'S FEES AND COSTS TO THE ATTORNEY GENERAL.
§ 31. PROCEEDINGS. A. AN ACTION BROUGHT PURSUANT TO THIS ARTICLE SHALL
BE FILED IN A COURT OF COMPETENT JURISDICTION WITHIN THE STATE.
B. UPON APPLICATION OF ANY PARTY, A JURY TRIAL SHALL BE DIRECTED.
§ 32. BURDEN OF PROOF. A. THE STANDARD OF PROOF THAT APPLIES TO ALL
ACTIONS BROUGHT UNDER THIS ARTICLE IS THE PREPONDERANCE OF THE EVIDENCE
STANDARD.
B. WHERE A DEFENDANT HAS RAISED A FACTUAL DEFENSE, THAT DEFENDANT
BEARS THE BURDEN OF PERSUASION AND MUST ESTABLISH THE DEFENSE BY PREPON-
DERANCE OF THE EVIDENCE.
§ 33. QUALIFIED IMMUNITY NOT A DEFENSE. IT SHALL NOT BE A DEFENSE OR
IMMUNITY TO ANY ACTION BROUGHT UNDER THIS ARTICLE THAT THE DEFENDANT WAS
ACTING IN GOOD FAITH, OR THAT THE DEFENDANT BELIEVED, REASONABLY OR
OTHERWISE, THAT THEIR CONDUCT WAS LAWFUL AT THE TIME WHEN IT WAS COMMIT-
TED. 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 DEFENDANT COULD NOT REASONABLY HAVE BEEN
EXPECTED TO KNOW WHETHER THEIR CONDUCT WAS LAWFUL.
§ 34. PRE-EMPTION. ANY ACTION, AND DEFENSES HEREUNDER, BROUGHT UNDER
THIS ARTICLE BORNE OF FACTS THAT MAY ALSO GIVE RISE TO AN ACTION UNDER
42 U.S.C. § 1983 ARE INDEPENDENT OF ANY FEDERAL ACTION, AND DEFENSES
THEREUNDER.
§ 35. REMEDIES. A. A CIVIL ACTION UNDER THIS ARTICLE CAN BE BROUGHT
FOR MONETARY DAMAGES, INJUNCTIVE RELIEF OR ANY OTHER RELIEF THAT THE
COURT DEEMS APPROPRIATE.
B. PUNITIVE DAMAGES MAY BE AWARDED IN ACTIONS UNDER THIS ARTICLE WHERE
IT IS PROVEN BY CLEAR AND CONVINCING EVIDENCE THAT THE DEFENDANT'S
COURSE OF CONDUCT WAS MOTIVATED BY THE VICTIM'S RACE, GENDER, RELIGION,
SEXUAL ORIENTATION, NATIONALITY, ETHNICITY OR DISABILITY.
C. IN ADDITION TO ANY DAMAGES, CIVIL PENALTY, INJUNCTION OR OTHER
APPROPRIATE RELIEF AWARDED IN AN ACTION BROUGHT PURSUANT TO THIS ARTI-
CLE, THE COURT SHALL AWARD THE PREVAILING PLAINTIFF REASONABLE ATTOR-
NEY'S FEES AND COSTS. FOR THE PURPOSES OF THIS SECTION, THE TERM
"PREVAILING PLAINTIFF" INCLUDES A PLAINTIFF WHOSE COMMENCEMENT OF LITI-
S. 3280 3
GATION 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.
§ 36. INDEMNIFICATION. A. 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 OR UPON THE SETTLEMENT OF
SUCH CLAIMS, PROVIDED THAT THE JUDGMENT OR SETTLEMENT AMOUNT BE PAID
FROM THE BUDGET OF THE AGENCY OR DEPARTMENT EMPLOYING SUCH EMPLOYEE AND
THAT SUCH JUDGMENT OR SETTLEMENT AMOUNT SHALL NOT BE PAID FROM THE
GENERAL FUND OF SUCH PUBLIC ENTITY.
B. A PUBLIC ENTITY SHALL NOT INDEMNIFY A PUBLIC EMPLOYEE IF THE
EMPLOYEE WAS CONVICTED OF A CRIMINAL VIOLATION FOR THE CONDUCT FROM
WHICH THE CLAIM ARISES.
C. 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.
§ 3. This act shall take effect on the one hundred eightieth day
after it shall have become a law.