S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7578
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 25, 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 the  imposition  of
   penalties  and  remedies in suits brought for the vindication of civil
   rights or human rights
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Article  10  and sections 100 and 101 of the civil rights
 law, as renumbered by chapter 263 of the laws of  2019,  are  renumbered
 article  11  and  sections  110 and 111 and a new article 10 is added to
 read as follows:
 
                                ARTICLE 10
                          PENALTIES AND REMEDIES
 
 SECTION 100. PENALTIES AND REMEDIES.
   § 100. 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 OF THE STATE OF NEW YORK 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 OF NEW YORK FURNISH A REMEDY FOR THE  VINDICATION  OF  SUCH  CIVIL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11618-01-3
              

 A. 7578                             2
 
 RIGHTS, SUCH LAWS SHALL BE APPLIED; BUT IN ALL CASES WHERE SUCH LAWS ARE
 DEFICIENT  IN THE PROVISIONS NECESSARY TO FURNISH SUITABLE REMEDIES, THE
 COMMON LAW SHALL BE EXTENDED TO AND GOVERN THE SAID COURTS IN THE  TRIAL
 AND DISPOSITION OF THE MATTER.
   3.  (A) IN ANY ACTION OR PROCEEDING TO ENFORCE THIS SECTION OR THE NEW
 YORK HUMAN RIGHTS LAW, THE COURT MUST AWARD THE PREVAILING PARTY,  OTHER
 THAN  THE  STATE OF NEW YORK, A REASONABLE ATTORNEY'S FEE AS PART OF THE
 COSTS, EXCEPT THAT IN ANY ACTION BROUGHT AGAINST A JUDICIAL OFFICER  FOR
 AN  ACT OR OMISSION TAKEN IN SUCH OFFICER'S JUDICIAL CAPACITY SUCH OFFI-
 CER SHALL NOT BE HELD LIABLE FOR ANY COSTS, INCLUDING  ATTORNEY'S  FEES,
 UNLESS SUCH ACTION WAS CLEARLY IN EXCESS OF SUCH OFFICER'S JURISDICTION.
   (B) IN AWARDING AN ATTORNEY'S FEE UNDER PARAGRAPH (A) OF THIS SUBDIVI-
 SION IN ANY ACTION OR PROCEEDING TO ENFORCE A PROVISION OF THIS ARTICLE,
 THE COURT SHALL INCLUDE REASONABLE EXPERT FEES AS PART OF THE ATTORNEY'S
 FEE.
   4.  THIS  ARTICLE  SHALL  SUPPLEMENT AND NOT DISPLACE ANY JURISDICTION
 CURRENTLY EXISTING IN THE COURTS  OR  ADMINISTRATIVE  AGENCIES  OF  THIS
 STATE  TO  THE  EXTENT  THAT  OTHER LAWS OF THIS STATE ALREADY PROVIDE A
 REMEDY FOR THE TYPE OF INJURY REFERRED TO IN THIS SECTION.
   5. IN INTERPRETING THIS SECTION, THE COURTS MAY CONSIDER THE FUNDAMEN-
 TAL PRINCIPLES ALREADY ENUNCIATED BY THE FEDERAL COURTS IN  INTERPRETING
 42  U.S.C. §§ 1983 AND 1988, WHICH ARE THE PARALLEL FEDERAL CIVIL RIGHTS
 LAWS.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.