New York State Assembly

 
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A00292 Summary:

A00292 Actions:

A00292 Committee Votes:

Committee:JUDICIARY   Chair:Dinowitz      
DATE:06/04/2019AYE/NAY:15/6  Action: Favorable refer to committee Codes        
Dinowitz
Aye
Palumbo
Nay
Titus
Aye
Montesano
Nay
Lavine
Aye
Goodell
Nay
Zebrowski
Aye
Norris
Nay
Weprin
Aye
Walsh
Nay
Braunstein
Aye
Byrnes
Nay
Simotas
Aye
Quart
Aye
Buchwald
Aye
Steck
Aye
Seawright
Aye
Joyner
Aye
Abinanti
Aye
Wright
Aye
Wallace
Aye

Committee:CODES   Chair:Lentol      
DATE:06/17/2019AYE/NAY:14/6  Action: Favorable refer to committee Rules        
Lentol
Aye
Ra
Nay
Schimminger
Absent
Giglio
Nay
Pretlow
Aye
Montesano
Nay
Cook
Aye
Morinello
Nay
Cymbrowitz
Aye
Palumbo
Nay
O'Donnell
Aye
Garbarino
Nay
Lavine
Aye
Perry
Aye
Zebrowski
Absent
Abinanti
Aye
Weprin
Aye
Mosley
Aye
Hevesi
Aye
Fahy
Aye
Seawright
Aye
Rosenthal
Aye

Committee:RULES   Chair:Gottfried      
DATE:06/20/2019AYE/NAY:22/5  Action: Favorable         
Heastie
Excused
Kolb
Nay
Gottfried
Aye
Crouch
Nay
Lentol
Aye
Finch
Nay
Gantt
Excused
Barclay
Nay
Nolan
Aye
Raia
Aye
Weinstein
Aye
Hawley
Nay
Ortiz
Aye
Giglio
Aye
Pretlow
Aye
Malliotakis
Aye
Cook
Aye
Glick
Aye
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Paulin
Excused
Titus
Aye
Peoples-Stokes
Excused
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye

A00292 Floor Votes:

A00292 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         292--B
                                                                 Cal. No. 12
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 9, 2019
                                       ___________
 
        Introduced by M. of A. STECK, SEAWRIGHT -- read once and referred to the
          Committee  on  Judiciary  -- reported and referred to the Committee on
          Codes -- committee discharged,  bill  amended,  ordered  reprinted  as
          amended  and recommitted to said committee -- ordered to a third read-
          ing, amended and ordered reprinted, retaining its place on  the  order
          of third reading
 
        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:
 
     1    Section 1. Article 10 and sections 100 and 101  of  the  civil  rights
     2  law,  as  renumbered  by chapter 263 of the laws of 2019, are renumbered
     3  article 11 and sections 110 and 111 and a new article  10  is  added  to
     4  read as follows:
 
     5                                 ARTICLE 10
     6                           PENALTIES AND REMEDIES
 
     7  Section 100. Penalties and remedies.
     8    § 100. Penalties and remedies. 1. Every person who, under color of any
     9  statute,  ordinance,  regulation,  custom,  or  usage,  of  this  state,
    10  subjects, or causes to be subjected, any citizen of this state or  other
    11  person within the jurisdiction thereof to the deprivation of any rights,
    12  privileges,  or  immunities secured by the constitution and laws of this
    13  state, shall be liable to the party injured in an action at law, suit in
    14  equity, or other proper proceeding  for  redress,  except  that  in  any
    15  action  brought  against a judicial officer for an act or omission taken
    16  in such officer's judicial capacity,  injunctive  relief  shall  not  be
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03610-04-0
        A. 292--B                           2
 
     1  granted  unless  a declaratory decree was violated or declaratory relief
     2  was unavailable.
     3    2.  The supreme court of the state of New York shall have jurisdiction
     4  over all suits brought for the vindication of civil rights  as  provided
     5  in  subdivision  one of this section. To the extent that the laws of the
     6  state of New York furnish a remedy for the  vindication  of  such  civil
     7  rights, such laws shall be applied; but in all cases where such laws are
     8  deficient  in the provisions necessary to furnish suitable remedies, the
     9  common law shall be extended to and govern the said courts in the  trial
    10  and disposition of the matter.
    11    3.  (a) In any action or proceeding to enforce this section or the New
    12  York human rights law, the court must award the prevailing party,  other
    13  than  the  state of New York, a reasonable attorney's fee as part of the
    14  costs, except that in any action brought against a judicial officer  for
    15  an  act or omission taken in such officer's judicial capacity such offi-
    16  cer shall not be held liable for any costs, including  attorney's  fees,
    17  unless such action was clearly in excess of such officer's jurisdiction.
    18    (b) In awarding an attorney's fee under paragraph (a) of this subdivi-
    19  sion in any action or proceeding to enforce a provision of this article,
    20  the court shall include reasonable expert fees as part of the attorney's
    21  fee.
    22    4.  This  article  shall  supplement and not displace any jurisdiction
    23  currently existing in the courts  or  administrative  agencies  of  this
    24  state  to  the  extent  that  other laws of this state already provide a
    25  remedy for the type of injury referred to in this section.
    26    5. In interpreting this section, the courts may consider the fundamen-
    27  tal principles already enunciated by the federal courts in  interpreting
    28  42  U.S.C. §§ 1983 and 1988, which are the parallel federal civil rights
    29  laws.
    30    § 2. This act shall take effect on the ninetieth day  after  it  shall
    31  have become a law.