New York A 1003: Relates to leased vehicle protections

Bill Text

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A01003 Summary:

BILL NOA01003 

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SAME ASNo Same As

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SPONSORSteck

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COSPNSRSimon, Seawright, Zinerman

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MLTSPNSR

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Ren Art 10 §§100 & 101 to be Art 11 §§110 & 111, add Art 10 §100, Civ Rts L; rpld §24, Cor L

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Relates to the imposition of penalties and remedies in suits brought for the vindication of civil rights or human rights; provides for reasonable attorney's fee and reasonable expert fees.

Go to top A01003 Actions:

BILL NOA01003 

&nbsp

01/08/2025referred to judiciary

01/07/2026referred to judiciary

Go to topA01003 Committee&nbspVotes:

Go to topA01003 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA01003 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1003

 2025-2026 Regular Sessions

 IN ASSEMBLY

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by M. of A. STECK, SIMON, SEAWRIGHT, ZINERMAN -- read once
 and referred to the Committee on Judiciary

 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; and to repeal section 24 of the correction law
 relating thereto

 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 or the state, its
 9 subdivisions, agencies, public authorities, and any other affiliated
 10 entities, and all municipal entities in this state, including but not
 11 limited to counties, school districts, towns, and villages who, is
 12 acting or which acts under color of any statute, ordinance, regulation,
 13 custom, or usage, of this state, subjects, or causes to be subjected,
 14 any citizen of this state or other person within the jurisdiction there-
 15 of to the deprivation of any rights, privileges, or immunities secured
 16 by the constitution and laws of this state, shall be liable to the party
 17 injured in an action at law, suit in equity, or other proper proceeding
 18 for redress, except that in any action brought against a judicial offi-
 19 cer for an act or omission taken in such officer's judicial capacity

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02320-01-5

 A. 1003 2

 1 such officer shall not be held liable unless such action was clearly in
 2 excess of such officer's jurisdiction.
 3 2. The supreme court shall have jurisdiction over all suits brought
 4 for the vindication of civil rights as provided in subdivision one of
 5 this section. The parties in an action brought pursuant to this section
 6 shall have the right to a jury trial.
 7 3. (a) In any action or proceeding to enforce this section or the
 8 human rights law, the court shall award the prevailing party, other than
 9 the state, a reasonable attorney's fee as part of the costs.
 10 (b) In awarding an attorney's fee under paragraph (a) of this subdivi-
 11 sion in any action or proceeding to enforce a provision of this article,
 12 the court shall include reasonable expert fees as part of the attorney's
 13 fee.
 14 4. This article shall displace any jurisdiction currently existing in
 15 the courts or administrative agencies of this state and shall be the
 16 exclusive remedy for the type of injury referred to in this section.
 17 5. In interpreting this section, the courts may, except as set forth
 18 herein, consider the fundamental principles already enunciated by the
 19 federal courts in interpreting 42 U.S.C. §§ 1983 and 1988, which are the
 20 parallel federal civil rights laws, except as indicated in subdivisions
 21 six and seven of this section.
 22 6. The state hereby waives its sovereign immunity and consents on
 23 behalf of itself, its subdivisions, agencies, public authorities, and
 24 any other affiliated entity to suit as provided herein. The doctrine of
 25 qualified immunity is