2024 -- S 2675

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LC005102

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- THE RHODE ISLAND CIVIL

RIGHTS ENFORCEMENT ACT

     

     Introduced By: Senators Bissaillon, F. Lombardi, McKenney, Raptakis, and LaMountain

     Date Introduced: March 01, 2024

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND

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GOVERNMENT" is hereby amended by adding thereto the following chapter:

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CHAPTER 112.1

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THE RHODE ISLAND CIVIL RIGHTS ENFORCEMENT ACT

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     42-112.1-1. Short title.

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     The chapter shall be known and may be cited as the "Rhode Island Civil Rights

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Enforcement Act".

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     42-112.1-2. Purpose.

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     It is the dual purpose of this chapter to ensure that:

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     (1) Consistent with the admonition contained in Article I, Section 5 of the Constitution of

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Rhode Island, every right shall have a remedy; and

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     (2) As between an innocent party whose rights have been violated by acts and/or omissions

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of the State of Rhode Island or its political and/or administrative units and/or subdivisions, and/or

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agents thereof, it is the State of Rhode Island or its political and/or administrative units and/or

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subdivisions and/or the agents thereof, that shall bear the cost of any harm caused by such violation

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of rights.

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     42-112.1-3. Cause of action.

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     (a) Every person who, under color of any statute, ordinance, regulation, custom or usage

 

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of the State of Rhode Island or its political and/or administrative units and/or subdivisions subjects,

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or causes to be subjected, any resident of the state or other individual within the jurisdiction thereof

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to the deprivation, in whole or in part, of any rights, privileges or immunities secured by the

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Constitution of the State of Rhode Island, shall be liable to the party injured in an action at law, suit

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in equity, and/or other proper proceeding for redress; provided that, nothing herein shall abrogate

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any existing immunities of any person liable for a violation under this section.

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     (b) The State of Rhode Island or its political and/or administrative units and/or

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subdivisions, as the case may be, shall be liable for any harm caused to an aggrieved party subjected

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to the deprivation prohibited under subsection (a) of this section, by an person who causes such a

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deprivation if said person was acting within the scope of their employment, agency or other

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authority or color of law conferred by the State of Rhode Island or one of its political and/or

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administrative units and/or subdivisions; regardless of any immunities from liability or suit that

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such person may have and regardless of any governmental or sovereign immunities of the State of

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Rhode Island or any political and/or administrative unit or subdivision thereof, which said

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immunities are hereby expressly waived as to the State of Rhode Island and its political and/or

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administrative units and/or subdivisions; provided that, nothing in this chapter abrogates judicial

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or legislative immunity.

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     (c) A party subjected to a deprivation prohibited under subsection (a) of this section need

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not identify or include as a party in any action under this chapter solely against the State of Rhode

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Island or its particular political and/or administrative unit and/or subdivision thereof liable for the

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deprivation under subsection (b) of this section.

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     42-112.1-4. Remedies.

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     (a) An aggrieved party subjected to a deprivation prohibited under this chapter shall be

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entitled to all the rights and remedies available at law and equity including, but not limited to,

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declaratory and injunctive relief and/or compensatory damages. Neither the State of Rhode Island

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nor its political and/or administrative units or subdivisions shall be liable for punitive damages

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arising out of liability imposed under § 42-112.1-3(b).

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     (b) In any action brought under this chapter, a prevailing aggrieved party subjected to a

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deprivation prohibited by this chapter shall also be entitled to an award of reasonable attorneys'

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fees as well as costs and expert witness fees reasonably incurred in bringing the action.

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     (c) An aggrieved party shall be considered prevailing hereunder if that party succeeds, in

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whole or in part, in obtaining relief for a deprivation prohibited hereunder by bringing an action

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under this chapter, whether the relief is obtained as a result of judgment, settlement, or the voluntary

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change in behavior of the State of Rhode Island or its political and/or administrative units or

 

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subdivisions after the filing of an action under this chapter.

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     (d) An action under this chapter may be brought in any court of competent jurisdiction

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within three (3) years from the deprivation prohibited by § 42-112.1-3(b) or from when the

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aggrieved party knew or should have known of the act and/or omission giving rise to the

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deprivation, whichever is later in time.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- THE RHODE ISLAND CIVIL

RIGHTS ENFORCEMENT ACT

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     This act would provide a remedy for any harm caused due to a deprivation or violation of

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rights by the State of Rhode Island or its political and/or administrative units or subdivisions,

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secured by the Constitution of the State of Rhode Island.

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     This act would take effect upon passage.

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