Bill
Bill > A07722
NY A07722
Relates to civil actions for deprivation of constitutional rights; provides that a peace officer employed by a local government, who under color of law, subjects or causes to be subjected, including failing to intervene, any other person to the deprivation of any individual rights that create binding obligations on government actors secured by the bill of rights, article one of the state constitution, is liable to the injured party for legal or equitable relief or any other appropriate relief; p
summary
Introduced
04/08/2025
04/08/2025
In Committee
04/08/2025
04/08/2025
Crossed Over
Passed
Dead
Introduced Session
2025-2026 General Assembly
Bill Summary
AN ACT to amend the civil rights law, in relation to civil actions for deprivation of constitutional rights
AI Summary
This bill amends the New York civil rights law to create a new legal pathway for individuals to sue local government peace officers who violate constitutional rights. Specifically, the bill allows individuals to bring civil actions against peace officers (as defined in the criminal procedure law) who, while acting "under color of law" (meaning while performing official duties), deprive someone of rights guaranteed by the state constitution's bill of rights. The bill removes several traditional legal protections for officers, explicitly stating that statutory immunities, governmental immunity, and qualified immunity cannot be used as defenses in such lawsuits. Additionally, the bill mandates that courts must award reasonable attorney fees to a prevailing plaintiff, with a broad interpretation of "prevailing" that includes cases where the lawsuit was a significant factor in achieving the desired legal outcome. If a court finds a lawsuit to be frivolous, it may award attorney fees to the defendant. The bill takes effect immediately and applies to any cause of action that occurs on or after its effective date, potentially providing a significant new mechanism for holding local law enforcement accountable for constitutional rights violations.
Committee Categories
Justice
Sponsors (2)
Last Action
referred to judiciary (on 04/08/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
Document Type | Source Location |
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State Bill Page | https://www.nysenate.gov/legislation/bills/2025/A7722 |
BillText | https://assembly.state.ny.us/leg/?default_fld=&bn=A07722&term=2025&Summary=Y&Actions=Y&Text=Y&Committee%26nbspVotes=Y&Floor%26nbspVotes=Y#A07722 |
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