NY State Senate Bill 2023-S182A

Current Bill Status - In Senate Committee Codes 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to codes
Mar 28, 2023	print number 182a
Mar 28, 2023	amend and recommit to investigations and government operations
Jan 04, 2023	referred to investigations and government operations

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2023-S182 - Details

See Assembly Version of this Bill:: A710
Current Committee:: Senate Codes
Law Section:: Civil Rights Law
Laws Affected:: Add §79-r, Civ Rts L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8668, A10978
2021-2022: S1991, A4331

2023-S182 - Summary

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

2023-S182 - Sponsor Memo

                                 
BILL NUMBER: S182

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 public officials when they deprive the rights of New Yorkers as
well as to provide a state cause of action that may be brought by an
injured individual and/or the Attorney General.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new section 79-R 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, public officials have had extraordinary
leeway in how they performed their jobs. As we see across America today,
qualified immunity has far too often given the public officials license
to violate a person's civil rights without any form of accountability,
even during the most routine encounters.

Qualified immunity was granted to law enforcement by the U.S. Supreme
Court and then further strengthened.(1) As New York State is a leader in
legal reform, we must continue this progress as our streets have been
filled with massive protests against unaccountable state power.  It is
time to untangle the web of misconduct that has been shielded by the
extraordinary protection granted by qualified immunity.

In a 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,
for example, points to the protection that qualified immunity has given
law enforcement even in the most suspect of cases where officers have
acted with impunity.

We must be part of the national movement to stop unaccountable actions
by public officials when they violate our constitutional rights. We have
the opportunity to join other states that have passed laws to hold
public officials accountable for when they violate a person's constitu-
tional rights.

 
LEGISLATIVE HISTORY:

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

2021-2022: S.1991 - Referred to Investigations and Government
Operations/A.4331 - Referred to Judiciary

 
STATE AND LOCAL FISCAL IMPLICATIONS:

To be determined.


 
EFFECTIVE DATE:
This act shall take effect immediately.
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,
Imus://www.rivtimes.corn/2020/06/23/us/polities/uualified-inimunimbtml.

2023-S182 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    182
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by Sens. JACKSON, SALAZAR, BAILEY, BRESLIN, BRISPORT, BROUK,
   CLEARE, COMRIE, COONEY, GIANARIS,  HOYLMAN,  KAVANAGH,  KRUEGER,  LIU,
   MAY,  MYRIE,  RAMOS, RIVERA, SANDERS, SEPULVEDA, SERRANO -- 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-r to read as follows:
   §  79-R.  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.
                                                            LBD01354-01-3
 S. 182                              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 immediately.

co-Sponsors

View additional co-sponsors

2023-S182A (ACTIVE) - Details

See Assembly Version of this Bill:: A710
Current Committee:: Senate Codes
Law Section:: Civil Rights Law
Laws Affected:: Add §79-r, Civ Rts L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8668, A10978
2021-2022: S1991, A4331

2023-S182A (ACTIVE) - Summary

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

2023-S182A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S182A

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 public officials when they deprive the rights of New Yorkers as
well as to provide a state cause of action that may be brought by an
injured individual and/or the Attorney General.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new section 79-R 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 und er this
section. 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, public officials have had extraordinary
leeway in how they performed their jobs. As we see across America today,
qualified immunity has far too often given the public officials license
to violate a person's civil rights without any form of accountability,
even during the most routine encounters.

Qualified immunity was granted to law enforcement by the U.S. Supreme
Court and then further strengthened. (1) As New York State is a leader
in legal reform, we must continue this progress as our streets have been
filled with massive protests against unaccountable state power.
It is time to untangle the web of misconduct that has been shielded by
the extraordinary protection granted by qualified immunity.

In a 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,
for example, points to the protection that qualified immunity has given
law enforcement even in the most suspect of cases where officers have
acted with impunity.

We must be part of the national movement to stop unaccountable actions
by public officials when they violate our constitutional rights. We have
the opportunity to join other states that have passed laws to hold
public officials accountable for when they violate a person's constitu-
tional rights.

 
LEGISLATIVE HISTORY:

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

2021-2022: S.1991 - Referred to Investigations and Government
Operations/A.4331 - Referred to Judiciary

 
STATE AND LOCAL FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.
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/polilics/qualified-immunity.html.

2023-S182A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  182--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by Sens. JACKSON, SALAZAR, BAILEY, BRESLIN, BRISPORT, BROUK,
   CLEARE, COMRIE, COONEY, FERNANDEZ, GIANARIS, GONZALEZ,  HOYLMAN-SIGAL,
   KAVANAGH, KRUEGER, LIU, MAY, MYRIE, RAMOS, RIVERA, SANDERS, SEPULVEDA,
   SERRANO  --  read  twice  and  ordered printed, and when printed to be
   committed to the Committee on Investigations and Government Operations
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee
 
 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-r to read as follows:
   § 79-R. 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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01354-02-3
 S. 182--A                           2
 
   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
 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.
   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 immediately.

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Senate Bill S182A

Sponsored By

Current Bill Status - In Senate Committee Codes Committee

Bill Amendments

co-Sponsors

2023-S182 - Details

2023-S182 - Summary

2023-S182 - Sponsor Memo

2023-S182 - Bill Text download pdf

co-Sponsors

2023-S182A (ACTIVE) - Details

2023-S182A (ACTIVE) - Summary

2023-S182A (ACTIVE) - Sponsor Memo

2023-S182A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S182A

Share this bill

Sponsored By

Current Bill Status - In Senate Committee Codes Committee

Bill Amendments

co-Sponsors

2023-S182 - Details

2023-S182 - Summary

2023-S182 - Sponsor Memo

2023-S182 - Bill Text download pdf

co-Sponsors

2023-S182A (ACTIVE) - Details

2023-S182A (ACTIVE) - Summary

2023-S182A (ACTIVE) - Sponsor Memo

2023-S182A (ACTIVE) - Bill Text download pdf

Comments