What's happening
This bill creates new state penalties and remedies for violations of civil rights, including attorney and expert fee awards.
Why it matters
Establishes a direct state-level right to sue for civil rights violations. This bill allows individuals to bring civil or equitable actions in New York state courts when their state constitutional or legal rights are violated “under color of law,” creating a clear state analog to federal civil rights lawsuits (e.g., Section 1983 actions).
Expands remedies to include attorney and expert fee awards. The bill mandates that courts award reasonable attorney’s fees and expert fees to prevailing parties (except the state), lowering the financial barrier for individuals to bring civil rights claims and incentivizing attorneys to take such cases.
Clarifies the scope and limits of judicial immunity. Judicial officers remain generally immune from being ordered to pay fees or costs unless they clearly act outside their jurisdiction, balancing judicial independence with accountability for egregious conduct.
Aligns state civil rights enforcement with federal principles but emphasizes state courts. While courts may look to federal case law for guidance, the bill solidifies state remedies and jurisdiction, potentially offering broader or more accessible relief than is available under federal law, and supplements—not replaces—existing state and administrative remedies.
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Who cares
Headline styles
Expand Civil Rights Lawsuits
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 32
No co-sponsors yet.
History
- Print number 6078a
- Amend and recommit to codes
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Strengthen Civil Rights Laws
In Senate Committee · Rules · Sponsor Phil Steck
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6078--A
2019-2020 Regular Sessions
IN SENATE
May 16, 2019
Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- recommitted to the Committee on Codes in accordance with Senate Rule 6, sec. 8 -committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
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 Assembly, 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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03610-05-0
S. 6078--A 2
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 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 officer 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 subdivision 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 fundamental 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
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
Purpose or general idea of bill
To put New York State on the same footing as the federal government in the protection of civil rights as was done under federal law with the enactment of the Civil Rights Act of 1871.
Summary of provisions
Like 42 U.S.C. §§ 1983 and 1988, this law holds government officials liable in tort for violating persons civil rights.
Justification
Recently the Assembly unanimously passed a State constitutional provision providing equal rights to women. However, constitutional provisions are meaningless in the absence of an enforcement mechanism. When the slaves were freed after the Civil War, Congress realized that the protection of the freed slaves civil rights was meaningless without an enforcement mechanism. Congress provided that mechanism in the Civil Rights Act of 1871, now codified at 42 U.S.C. §§ 1983 and 1988. This legislation provides the exact same mechanism for enforcing civil rights provided for under our State Constitution and State law as exists for enforcing the Federal Constitution and Federal law. The Civil Rights Act has been used for enforcing many other constitutional rights, such as freedom of speech, and this legislation explicitly states that it is to be interpreted the same as 42 U.S.C. §§ 1983 and 1988. This legislation is necessary. It is well known that New York has a heavy-handed adminis- tration at both the State and local level. Public officials will now have a far greater incentive to avoid misconduct that adversely impacts the citizens of our State. There is no reason that we should give less protection to the citizens of our St ate than they have under Federal law.
Legislative history
2018
Fiscal implications
The State and municipalities will be liable in damages for violating the civil rights of citizens
Effective date
Immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.