Loading chat...

NY S03280

Bill

Status

Introduced

1/24/2025

Primary Sponsor

Zellnor Myrie

Click for details

Origin

Senate

2025-2026 General Assembly

AI Summary

  • Creates the "Restoring Accountability and Civil Equity Act" (RACE Act) establishing civil liability for any person acting under color of law who deprives others of rights protected by federal or state constitution or laws

  • Explicitly eliminates qualified immunity as a defense, barring defendants from claiming good faith belief that their conduct was lawful or that the violated rights were not "clearly established" at the time

  • Allows punitive damages when proven by clear and convincing evidence that the defendant's conduct was motivated by the victim's race, gender, religion, sexual orientation, nationality, ethnicity, or disability

  • Requires public entities to indemnify employees for judgments or settlements under this law, with funds coming from the employing agency's budget rather than the general fund, unless the employee was criminally convicted for the conduct

  • Authorizes the Attorney General to bring civil actions on behalf of injured parties and awards attorney's fees and costs to prevailing plaintiffs, including those whose litigation served as a catalyst for changing defendant's conduct

Legislative Description

Relates to filling the void left by the expansive and overbroad applicability of the qualified immunity doctrine that operates as a near absolute shield to civil liability for public officials and ensures that state officials are justly held accountable for violating an individual's rights, privileges and immunities under state law.

Last Action

REFERRED TO CODES

1/7/2026

Committee Referrals

Codes1/24/2025

Full Bill Text

No bill text available