NY State Senate Bill 2021-S1991

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to investigations and government operations
Jan 16, 2021	referred to investigations and government operations

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2021-S1991 (ACTIVE) - Details

See Assembly Version of this Bill:: A4331
Current Committee:: Senate Investigations And Government Operations
Law Section:: Civil Rights Law
Laws Affected:: Add §79-q, Civ Rts L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8668, A10978
2023-2024: S182, A710

2021-S1991 (ACTIVE) - Summary

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

2021-S1991 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1991

SPONSOR: JACKSON
 
TITLE OF BILL:

An act to amend the civil rights law, in relation to providing a civil
action for deprivation of rights

 
PURPOSE:

The purpose of this legislation is to end the defense of qualified immu-
nity for law enforcement when they deprive the rights of New Yorkers as
well as provide a state cause of action that may be brought by injured
individuals and the Attorney General.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new section 79-Q of the Civil Rights Law to end the
defense of qualified immunity for certain defendants acting under color
of law. This section also provides a state cause of action for the
deprivation of rights, privileges, or immunities secured by the federal

or state Constitution or laws. The court shall award reasonable attorney
fees and costs to the prevailing plaintiff, and may award reasonable
costs and attorney fees for a prevailing defendant but only for defend-
ing any claims the court finds frivolous. Additionally, the Attorney
General may bring a civil action for relief on behalf of the state and
the injured party but an action brought by the Attorney General does not
foreclose an injured party from bringing an action. If the Attorney
General prevails, the court shall order any award of damages to the
injured party.  Qualified immunity or a defendant's good faith but erro-
neous belief in the lawfulness of their conduct shall not be a defense.
A civil action under this section must commence within three years of
the cause of action. Lastly, a public entity shall indemnify its public
employees for any liability incurred by the employee and for any judg-
ment entered against the employee for claims arising under this section.
A public entity shall not indemnify a public employee if the person was
convicted of a criminal violation for the conduct from which the claim
arises. A "public entity" is the state, any county, city and county,
municipality, and every other political subdivision of the state; and
any private entity that engages in state action. Immunity for
corrections officers under Subdivision 1 of Section 24 of the Correction
Law shall not apply to actions brought pursuant to this section. Actions
brought pursuant to this section may be brought in any court of compe-
tent jurisdiction.

Section 2 is the severability clause.

Section 3 is the effective date.

 
JUSTIFICATION:

For more than five decades, police officers have had extraordinary
leeway in how they performed their jobs. As we see across America today,
qualified immunity has far too often given the police the ability to
brutalize and harm our communities, particularly communities of color,
even during the most routine encounters. From George Floyd's alleged
counterfeit $20 bill to Eric Garner's loose cigarettes to Rayshard Brook
sleeping in his car, issues that should have been calmly addressed have

turned into national symbols of police brutality and institutional
racism.

Qualified immunity was granted to law enforcement by the U.S. Supreme
Court and then further strengthened.' As New York State is a leader in
criminal justice reform, we must continue this progress as our streets
have been filled with massive protests against police power and brutali-
ty. It is time to untangle the web of police misconduct that has been
protected by this extraordinary protection given to the police.

In a recent New York Times article, a report was cited by the Mapping
Police Violence organization.2 Based on their study of data, "of the
1,147 people killed by the police in 2017, officers were charged with a
crime in 13 of those cases, or about one percent." This startling
statistic points to the protection that has given police, even in the
most suspect of cases, where officers have acted with impunity.

We must be part of the national movement to stop these killings and
erase this stain on society's record. Let us join our colleagues in
Colorado, who became the first state to eliminate qualified immunity
this month. Our communities are calling out for action - we must act.

 
LEGISLATIVE HISTORY:

2019-2020: S.8668-B - Amend and recommit to Rules/A.10978 - Referred to
Governmental Operations

 
STATE AND LOCAL FISCAL IMPLICATIONS:

To be determined.


 
EFFECTIVE DATE:  This act shall take effect on the 30th day after it
shall have become a law.
(1) Harlow v. Fitzgerald, 457 U.S. (1982); Malley v. Briggs, 457 U.S.
335 (1986); Anderson v. Creighton, 483 U.S. 635 (1987); Saucier v. Katz,
533 U.S. 194 (2001); Pearson v. Callahan, 555 U.S. 223 (2009); Safford
v. Redding, 557 U.S. 364 (2009).  2 Halley Fuchs, Qualified Immunity
Protection for Police Emerges as Flash Point Amid Protests, N.Y. Times,
July 20, 2020, https://www.nytimes.com/2020/06/23/us/politics/ quali-
fied-immunity.html.

2021-S1991 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1991
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2021
                                ___________
 
 Introduced  by  Sens.  JACKSON, SALAZAR, RAMOS, RIVERA -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Investigations and Government Operations
 
 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-q to read as follows:
   § 79-Q. 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-
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02350-01-1

 S. 1991                             2
 
 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; EXCEPT THAT 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.
   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-
 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 on the thirtieth day after it shall
 have become a law.

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Senate Bill S1991

Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

co-Sponsors

2021-S1991 (ACTIVE) - Details

2021-S1991 (ACTIVE) - Summary

2021-S1991 (ACTIVE) - Sponsor Memo

2021-S1991 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1991

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Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

co-Sponsors

2021-S1991 (ACTIVE) - Details

2021-S1991 (ACTIVE) - Summary

2021-S1991 (ACTIVE) - Sponsor Memo

2021-S1991 (ACTIVE) - Bill Text download pdf

Comments