New York S 1950: Prohibits qualified immunity for public officials

Bill Text

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S01950 Summary:

BILL NOS01950 

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SAME ASNo Same As

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SPONSORWEBER

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COSPNSRBORRELLO

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MLTSPNSR

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Amd §17, add §17-b, Pub Off L

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Prohibits qualified immunity for public officials; authorizes attorney general enforcement; provides that statutory immunities and statutory limitations on liability, damages or attorney fees do not apply to such claims.

Go to top S01950 Actions:

BILL NOS01950 

&nbsp

01/14/2025REFERRED TO ETHICS AND INTERNAL GOVERNANCE

01/07/2026REFERRED TO ETHICS AND INTERNAL GOVERNANCE

Go to topS01950 Committee&nbspVotes:

Go to topS01950 Floor&nbspVotes:

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

Go to topS01950 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1950

 2025-2026 Regular Sessions

 IN SENATE

 January 14, 2025
 ___________

 Introduced by Sens. WEBER, BORRELLO -- read twice and ordered printed,
 and when printed to be committed to the Committee on Ethics and Inter-
 nal Governance

 AN ACT to amend the public officers law, in relation to prohibiting
 qualified immunity for elected public officials

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Paragraph (a) of subdivision 1 of section 17 of the public
 2 officers law, as amended by chapter 293 of the laws of 1992, is amended
 3 to read as follows:
 4 (a) As used in this section, unless the context otherwise requires the
 5 term "employee" shall mean any person holding a position by [election,]
 6 appointment or employment in the service of the state, including clin-
 7 ical practice pursuant to subdivision fourteen of section two hundred
 8 six of the public health law, whether or not compensated, or a volunteer
 9 expressly authorized to participate in a state-sponsored volunteer
 10 program, but shall not include an independent contractor. The term
 11 employee shall include a former employee, [his] such employee's estate
 12 or judicially appointed personal representative and persons who assist
 13 the education department or the department of health as consultants or
 14 expert witnesses in the investigation or prosecution of alleged profes-
 15 sional misconduct, licensure matters, restoration proceedings, or crimi-
 16 nal prosecutions for unauthorized practice pursuant to title eight of
 17 the education law or title II-A of article two of the public health law.
 18 § 2. The public officers law is amended by adding a new section 17-b
 19 to read as follows:
 20 § 17-b. Civil action; elected official; qualified immunity not a
 21 defense. 1. An elected public official acting under color of law who
 22 subjects or causes to be subjected any other person to the deprivation
 23 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.
 LBD03326-01-5

 S. 1950 2

 1 Constitution or laws, is liable to the injured party for legal or equi-
 2 table relief or any other appropriate relief.
 3 2. It shall not be a defense or immunity to any action that an elected
 4 public officer was acting in good faith, or that such public officer
 5 believed, reasonably or otherwise, that their conduct was lawful at the
 6 time when it was committed. Nor shall it be a defense or immunity that
 7 the rights, privileges, or immunities secured by the federal or state
 8 Constitution or laws were not clearly established at the time of their
 9 deprivation or interference or attempted interference by the defendant,
 10 or that the state of the law was otherwise such that the public officer
 11 could not reasonably have been expected to know whether their conduct
 12 was lawful.
 13 3. (a) If an elected public officer acting under color of law that
 14 subjects or causes to be subjected any other person to the deprivation
 15 of any rights, privileges, or immunities secured by the federal or state
 16 Constitution or laws, the attorney general may bring a civil action for
 17 legal or equitable relief or other proper redress. The civil action
 18 shall be brought in the name of the state and may be brought on behalf
 19 of the injured party. A civil action brought by the attorney general
 20 shall n