BILL NUMBER: S1949
SPONSOR: WEBER
 
TITLE OF BILL:
An act to amend the highway law, in relation to designating a portion of
the state highway system as the "Hector L. Soto Memorial Highway"
 
PURPOSE:
To prohibit qualified immunity for public officials
 
SUMMARY OF PROVISIONS:
Section 1: amends paragraph (a) of subdivision 1 of section 17 of the
public officers law
Section 2: adds section 17-b to the public officers law Section 3:
provides the effective date
 
JUSTIFICATION:
Currently, there is a bill before the legislature to remove qualified
immunity from law enforcement officers. This bill is designed to take
away necessary legal protections for those law enforcement officers who
are enforcing the laws and policies enacted by elected officials across
the state. There are already exemptions to a defense of qualified immu-
nity under the law for those officers who violate the law or abuse their
authority.
If we are subjecting law enforcement officers to having their qualified
immunity revoked, then so too should elected officials. Under current
law, elected officials rely on qualified immunity as adefense to avoid
being held legally accountable for the economic devastation their poli-
cies wreak on businesses or the disastrous impact their policies have on
individual civil liberties all across New York State.
Under this bill, elected officials would no longer be able to rely on
qualified immunity as a defense and could be held financially liable in
the courts of law for the negative impact their laws and policies have
on businesses and individuals.
 
LEGISLATIVE HISTORY:
New Bill
 
FISCAL IMPLIC TIONS:
None
 
EFFECTIVE DATE:
This act shall take effect immediately.