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 | |
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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: | |
1 | SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND |
2 | GOVERNMENT" is hereby amended by adding thereto the following chapter: |
3 | CHAPTER 112.1 |
4 | THE RHODE ISLAND CIVIL RIGHTS ENFORCEMENT ACT |
5 | 42-112.1-1. Short title. |
6 | The chapter shall be known and may be cited as the "Rhode Island Civil Rights |
7 | Enforcement Act". |
8 | 42-112.1-2. Purpose. |
9 | It is the dual purpose of this chapter to ensure that: |
10 | (1) Consistent with the admonition contained in Article I, Section 5 of the Constitution of |
11 | Rhode Island, every right shall have a remedy; and |
12 | (2) As between an innocent party whose rights have been violated by acts and/or omissions |
13 | of the State of Rhode Island or its political and/or administrative units and/or subdivisions, and/or |
14 | agents thereof, it is the State of Rhode Island or its political and/or administrative units and/or |
15 | subdivisions and/or the agents thereof, that shall bear the cost of any harm caused by such violation |
16 | of rights. |
17 | 42-112.1-3. Cause of action. |
18 | (a) Every person who, under color of any statute, ordinance, regulation, custom or usage |
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1 | of the State of Rhode Island or its political and/or administrative units and/or subdivisions subjects, |
2 | or causes to be subjected, any resident of the state or other individual within the jurisdiction thereof |
3 | to the deprivation, in whole or in part, of any rights, privileges or immunities secured by the |
4 | Constitution of the State of Rhode Island, shall be liable to the party injured in an action at law, suit |
5 | in equity, and/or other proper proceeding for redress; provided that, nothing herein shall abrogate |
6 | any existing immunities of any person liable for a violation under this section. |
7 | (b) The State of Rhode Island or its political and/or administrative units and/or |
8 | subdivisions, as the case may be, shall be liable for any harm caused to an aggrieved party subjected |
9 | to the deprivation prohibited under subsection (a) of this section, by an person who causes such a |
10 | deprivation if said person was acting within the scope of their employment, agency or other |
11 | authority or color of law conferred by the State of Rhode Island or one of its political and/or |
12 | administrative units and/or subdivisions; regardless of any immunities from liability or suit that |
13 | such person may have and regardless of any governmental or sovereign immunities of the State of |
14 | Rhode Island or any political and/or administrative unit or subdivision thereof, which said |
15 | immunities are hereby expressly waived as to the State of Rhode Island and its political and/or |
16 | administrative units and/or subdivisions; provided that, nothing in this chapter abrogates judicial |
17 | or legislative immunity. |
18 | (c) A party subjected to a deprivation prohibited under subsection (a) of this section need |
19 | not identify or include as a party in any action under this chapter solely against the State of Rhode |
20 | Island or its particular political and/or administrative unit and/or subdivision thereof liable for the |
21 | deprivation under subsection (b) of this section. |
22 | 42-112.1-4. Remedies. |
23 | (a) An aggrieved party subjected to a deprivation prohibited under this chapter shall be |
24 | entitled to all the rights and remedies available at law and equity including, but not limited to, |
25 | declaratory and injunctive relief and/or compensatory damages. Neither the State of Rhode Island |
26 | nor its political and/or administrative units or subdivisions shall be liable for punitive damages |
27 | arising out of liability imposed under § 42-112.1-3(b). |
28 | (b) In any action brought under this chapter, a prevailing aggrieved party subjected to a |
29 | deprivation prohibited by this chapter shall also be entitled to an award of reasonable attorneys' |
30 | fees as well as costs and expert witness fees reasonably incurred in bringing the action. |
31 | (c) An aggrieved party shall be considered prevailing hereunder if that party succeeds, in |
32 | whole or in part, in obtaining relief for a deprivation prohibited hereunder by bringing an action |
33 | under this chapter, whether the relief is obtained as a result of judgment, settlement, or the voluntary |
34 | change in behavior of the State of Rhode Island or its political and/or administrative units or |
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1 | subdivisions after the filing of an action under this chapter. |
2 | (d) An action under this chapter may be brought in any court of competent jurisdiction |
3 | within three (3) years from the deprivation prohibited by § 42-112.1-3(b) or from when the |
4 | aggrieved party knew or should have known of the act and/or omission giving rise to the |
5 | deprivation, whichever is later in time. |
6 | 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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1 | This act would provide a remedy for any harm caused due to a deprivation or violation of |
2 | rights by the State of Rhode Island or its political and/or administrative units or subdivisions, |
3 | secured by the Constitution of the State of Rhode Island. |
4 | This act would take effect upon passage. |
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