BILL NUMBER: S3998
SPONSOR: PARKER
 
TITLE OF BILL:
An act to amend the civil rights law, in relation to civil actions for
deprivation of constitutional rights
 
PURPOSE OR GENERAL IDEA OF BILL:
The purposed bill would provide a cause of action for violations of
Article I of the state constitution.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: The civil rights law is amended by adding a new section 79-r.
Section 2: This act shall take effect immediately.
 
JUSTIFICATION:
Historically, the federal statue 42 U.S.O section 1983 has been excel-
lent legal tool for individuals whose federal constitutional rights were
violated. Section 1983 made relief available in the form of monetary
damages to those whose constitutional rights had been violated by anyone
acting under state authority. The law was established to provide legal
and equitable relief where the states' laws were inadequate or improper,
and at the time, many were. However, now, much of New York's State
Constitution provides more recognized rights that it's federal counter-
part. This bill will codified the right to a cause of action for the
deprivation of the state's constitution rights; so that New York resi-
dents will no longer need to look to the federal courts.
 
PRIOR LEGISLATIVE HISTORY:
2023-24: S5771- Referred to Codes
2021- 22: S3139 - Referred to Codes
2019/20 S8618 - REFERRED TO RULES
 
FISCAL IMPLICATIONS:
To be determined
 
EFFECTIVE DATE:
This act shall take effect immediately.