Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 03, 2024 |
referred to governmental operations |
Mar 03, 2023 |
referred to governmental operations |
Assembly Bill A5163
2023-2024 Legislative Session
Sponsored By
STECK
Current Bill Status - In Assembly 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
Actions
2023-A5163 (ACTIVE) - Details
- Current Committee:
- Assembly Governmental Operations
- Law Section:
- Civil Rights Law
- Laws Affected:
- Add §79-r, Civ Rts L
- Versions Introduced in 2021-2022 Legislative Session:
-
A8454
2023-A5163 (ACTIVE) - Summary
Establishes civil liability for anyone subjecting another person to the deprivation of any rights, privileges or immunities secured by law; establishes that the supreme court shall have jurisdiction over such matters and that the prevailing party shall be awarded reasonable attorney's fees as part of the costs; provides that the state waives sovereign immunity for violations of such law.
2023-A5163 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5163 2023-2024 Regular Sessions I N A S S E M B L Y March 3, 2023 ___________ Introduced by M. of A. STECK -- read once and referred to the Committee on Governmental Operations AN ACT to amend the civil rights law, in relation to establishing civil liability for anyone subjecting another person to the deprivation of any rights, privileges or immunities secured by law 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. 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 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 STATE 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 NECES- SARY TO FURNISH SUITABLE REMEDIES, THE COMMON LAW SHALL BE EXTENDED TO AND GOVERN THE SAID COURTS IN THE TRIAL AND DISPOSITION OF THE MATTER. THE PARTIES IN AN ACTION BROUGHT PURSUANT TO THIS SECTION SHALL HAVE THE RIGHT TO A JURY TRIAL. A REMEDY THAT DOES NOT INCLUDE THE RIGHT TO A JURY TRIAL OR RECOVERY OF ATTORNEYS' FEES AND EXPERT FEES AS PROVIDED HEREIN SHALL NOT BE CONSIDERED AN ADEQUATE REMEDY. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06051-01-3
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