S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6714
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 5, 2023
                                ___________
 
 Introduced  by M. of A. MCGOWAN -- read once and referred to the Commit-
   tee on Governmental Operations
 
 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 OR HER estate or judicial-
 ly  appointed  personal representative and persons who assist the educa-
 tion department or the department of health  as  consultants  or  expert
 witnesses  in  the  investigation or prosecution of alleged professional
 misconduct, licensure  matters,  restoration  proceedings,  or  criminal
 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
 CONSTITUTION OR LAWS, IS LIABLE TO THE INJURED PARTY FOR LEGAL OR  EQUI-
 TABLE RELIEF OR ANY OTHER APPROPRIATE RELIEF.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08126-01-3
              

 A. 6714                             2
 
   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.