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Bill > S0538


RI S0538

Provides a remedy for any harm caused due to deprivation or violation of rights secured by the Rhode Island Constitution due to acts of the State of Rhode Island.


summary

Introduced
02/26/2025
In Committee
02/26/2025
Crossed Over
Passed
Dead

Introduced Session

2025 Regular Session

Bill Summary

This act would provide a remedy for any harm caused due to a deprivation or violation of rights secured by the Constitution of the State of Rhode Island due to acts of the State of Rhode Island or any of its political or administrative subdivisions, including, but not limited to, any municipal, quasi-municipal, or quasi-state entity, and any state of the United States, the United States, and any nation state, including any political or administrative subdivision thereof. This act would take effect upon passage.

AI Summary

This bill provides a comprehensive legal framework for protecting and enforcing civil rights in Rhode Island by creating the Rhode Island Civil Rights Enforcement Act. The bill establishes a broad mechanism for individuals (called "aggrieved parties") to seek legal remedies when their constitutional rights are violated by governmental entities, which include state, municipal, and even federal or foreign governmental bodies. Key provisions allow individuals to bring legal actions directly against governmental entities if their rights are violated, even if they cannot identify the specific person responsible for the violation. The bill waives certain governmental immunities, enabling aggrieved parties to seek compensatory damages, declaratory and injunctive relief, and reasonable attorney's fees. Notably, while punitive damages against the state are limited, the law ensures that governmental entities, not innocent individuals, bear the cost of rights violations. The bill allows such legal actions to be filed within three years of the violation or when the violation became known, and includes a severability clause to protect the overall law if any specific provision is found invalid. The primary purpose is to ensure that every constitutional right has a meaningful remedy and to hold governmental entities accountable for rights violations.

Committee Categories

Justice

Sponsors (8)

Last Action

Committee recommended measure be held for further study (on 03/27/2025)

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