NY State Senate Bill 2019-S8668B

Archive: Last Bill Status - In Senate Committee Rules 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
Aug 21, 2020	print number 8668b
Aug 21, 2020	amend and recommit to rules
Jul 20, 2020	print number 8668a
Jul 20, 2020	amend (t) and recommit to rules
Jul 02, 2020	referred to rules

Bill Amendments

Original

B (Active)

co-Sponsors

2019-S8668 - Details

See Assembly Version of this Bill:: A10978
Current Committee:: Senate Rules
Law Section:: Civil Rights Law
Laws Affected:: Add §79-q, Civ Rts L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S1991, A4331
2023-2024: S182, A710

2019-S8668 - Summary

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

2019-S8668 - Sponsor Memo

                                
 
BILL NUMBER: S8668

SPONSOR: JACKSON
 
TITLE OF BILL:

An act to amend the civil rights law, in relation to ending qualified
immunity for law enforcement; and providing a civil action for depri-
vation 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 law enforcement defendants.

Section 2 adds a new section 79-R to the Civil Rights Law to provide 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 defending 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 erroneous 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 judgment 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.

Section 3 is the severability clause. Section 4 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.(1) 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:

New bill.

 
STATE AND LOCAL FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the 30th day after it shall have become's
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)https://www.nytimes.com/2020/06/23 /us/politics/qualified-
immunity.html.

2019-S8668 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8668
 
                             I N  S E N A T E
 
                               July 2, 2020
                                ___________
 
 Introduced  by  Sen. JACKSON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the civil rights law, in relation  to  ending  qualified
   immunity  for law enforcement; and providing a civil action for depri-
   vation 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. QUALIFIED IMMUNITY FOR LAW ENFORCEMENT  DEFENDANTS.  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 WHERE THE DEFENDANT IS  A  POLICE  OFFICER,  PEACE
 OFFICER,  CORRECTION  OFFICER OR OTHER LAW ENFORCEMENT REPRESENTATIVE OR
 ENTITY, THAT SUCH DEFENDANT WAS  ACTING  IN  GOOD  FAITH,  OR  THAT  THE
 DEFENDANT BELIEVED, REASONABLY OR OTHERWISE, THAT HIS OR HER 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 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 HIS OR HER CONDUCT WAS LAWFUL.
   § 2. 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 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD16774-05-0

 S. 8668                             2
 
   (B) IN ANY ACTION BROUGHT PURSUANT TO  THIS  SECTION,  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 DEFENDANT, 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 THAT  SUBJECTS  OR  CAUSES  TO  BE
 SUBJECTED ANY OTHER PERSON TO THE DEPRIVATION OR 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)  NEITHER QUALIFIED IMMUNITY NOR A DEFENDANT'S GOOD FAITH BUT ERRO-
 NEOUS BELIEF IN THE LAWFULNESS OF HIS OR HER CONDUCT, IS  A  DEFENSE  TO
 LIABILITY PURSUANT TO THIS SECTION.
   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.
   § 3. 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.
   § 4. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.

co-Sponsors

2019-S8668A - Details

See Assembly Version of this Bill:: A10978
Current Committee:: Senate Rules
Law Section:: Civil Rights Law
Laws Affected:: Add §79-q, Civ Rts L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S1991, A4331
2023-2024: S182, A710

2019-S8668A - Summary

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

2019-S8668A - Sponsor Memo

                                
 
BILL NUMBER: S8668A

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 immunity 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 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 competent juris-
diction.

 
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.

2019-S8668A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8668--A
 
                             I N  S E N A T E
 
                               July 2, 2020
                                ___________
 
 Introduced  by  Sens. JACKSON, SALAZAR, RIVERA -- read twice and ordered
   printed, and when printed to be committed to the Committee on Rules --
   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-q to read as follows:
   § 79-Q. CIVIL ACTION FOR DEPRIVATION OF RIGHTS.   1. (A) A  PERSON  OR
 PUBLIC  ENTITY  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)  IN  ANY  ACTION  BROUGHT  PURSUANT TO THIS SECTION, 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 DEFENDANT, 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 THAT SUBJECTS OR CAUSES TO BE
 SUBJECTED ANY OTHER PERSON TO THE DEPRIVATION OR 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD16774-06-0

 S. 8668--A                          2

 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 WHERE THE DEFENDANT IS A POLICE
 OFFICER, PEACE OFFICER, CORRECTION  OFFICER  OR  OTHER  LAW  ENFORCEMENT
 REPRESENTATIVE  OR ENTITY, THAT SUCH DEFENDANT WAS ACTING IN GOOD FAITH,
 OR THAT THE DEFENDANT BELIEVED, REASONABLY OR OTHERWISE, THAT HIS OR HER
 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 HIS OR HER 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.

co-Sponsors

2019-S8668B (ACTIVE) - Details

See Assembly Version of this Bill:: A10978
Current Committee:: Senate Rules
Law Section:: Civil Rights Law
Laws Affected:: Add §79-q, Civ Rts L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S1991, A4331
2023-2024: S182, A710

2019-S8668B (ACTIVE) - Summary

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

2019-S8668B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8668B

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 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 competent juris-
diction.

Section 2 is the severability clause.

Section 3 is the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION:

The B-print contains language that requires the defendant to be acting
under color of law when they cause a person's deprivation of rights.
The B-print also includes language that if an action is brought under
this section or the state Human Rights Law, the court shall award
reasonable attorney fees and costs to a prevailing plaintiff. The
B-print removes language that states qualified immunity shall not be a
defense where the defendant is a police officer, peace officer,
correction officer or other law enforcement representative or entity.
 
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.(1) 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:

New bill.

 
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) https://www.nytimes.com/2020/06/23/ us/politics/qualified-
immunity.html.

2019-S8668B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8668--B
 
                             I N  S E N A T E
 
                               July 2, 2020
                                ___________
 
 Introduced  by  Sens. JACKSON, SALAZAR, RIVERA -- read twice and ordered
   printed, and when printed to be committed to the Committee on Rules --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted  to  said committee -- 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-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
 CONSTITUTION OR LAWS, THE ATTORNEY GENERAL MAY BRING A CIVIL ACTION  FOR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD16774-07-0

 S. 8668--B                          2

 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 S8668B

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Archive: Last Bill Status - In Senate Committee Rules Committee

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2019-S8668 - Details

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2019-S8668 - Bill Text download pdf

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2019-S8668A - Details

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2019-S8668B (ACTIVE) - Details

2019-S8668B (ACTIVE) - Summary

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2019-S8668B (ACTIVE) - Bill Text download pdf

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Senate Bill S8668B

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Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

co-Sponsors

2019-S8668 - Details

2019-S8668 - Summary

2019-S8668 - Sponsor Memo

2019-S8668 - Bill Text download pdf

co-Sponsors

2019-S8668A - Details

2019-S8668A - Summary

2019-S8668A - Sponsor Memo

2019-S8668A - Bill Text download pdf

co-Sponsors

2019-S8668B (ACTIVE) - Details

2019-S8668B (ACTIVE) - Summary

2019-S8668B (ACTIVE) - Sponsor Memo

2019-S8668B (ACTIVE) - Bill Text download pdf

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