Rhode Island 2025 Regular Session

Rhode Island House Bill H5223 Compare Versions

Only one version of the bill is available at this time.

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5	5	2025 -- H 5223
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7	7	LC000419
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9	9	S T A T E O F R H O D E I S L A N D
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2025
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO STATE AFFAIRS AND GOVERNMENT -- THE RHODE ISLAND CIVIL
16	16	RIGHTS ENFORCEMENT A CT
17	17	Introduced By: Representatives Craven, Caldwell, Morales, Dawson, and Batista
18	18	Date Introduced: January 29, 2025
19	19	Referred To: House Judiciary
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22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND 1
24	24	GOVERNMENT" is hereby amended by adding thereto the following chapter: 2
25	25	CHAPTER 112.1 3
26	26	THE RHODE ISLAND CIVIL RIGHTS ENFORCEMENT ACT 4
27	27	42-112.1-1. Short title. 5
28	28	This chapter shall be known and may be cited as "the Rhode Island Civil Rights 6
29	29	Enforcement Act." 7
30	30	42-112.1-2. Purpose. 8
31	31	It is the dual purpose of this chapter to ensure that: 9
32	32	(1) Consistent with the admonition contained in Article I, Section 5 of the Constitution of 10
33	33	the State of Rhode Island, every right shall have a remedy; and 11
34	34	(2) As between an innocent party whose rights have been violated by acts and/or omissions 12
35	35	of a governmental entity, as defined in this chapter, and/or agents thereof, it is the governmental 13
36	36	entity and/or agents thereof that shall bear the cost of any harm caused by such violation of rights, 14
37	37	not the innocent party. 15
38	38	42-112.1-3. Definition. 16
39	39	As used in this chapter: 17
40	40	(1) "Aggrieved party" means any resident of the State of Rhode Island or other individual 18
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44	44	within the State of Rhode Island subjected to the deprivation of any rights, privileges or immunities 1
45	45	secured by the Constitution and laws of the State of Rhode Island in a manner proscribed by this 2
46	46	chapter. 3
47	47	(2) "Governmental entity" means the State of Rhode Island or any of its political or 4
48	48	administrative subdivisions, including any municipal, quasi-municipal, or quasi-state entity, and 5
49	49	any state of the United States, the United States, or a foreign nation state, including any political or 6
50	50	administrative subdivision of any of the foregoing entities. 7
51	51	42-112.1-4. Cause of Action. 8
52	52	(a) Every person who, under color of any statute, ordinance, regulation, custom or usage 9
53	53	of a governmental entity subjects, or causes to be subjected, any resident of the State of Rhode 10
54	54	Island or other individual within the State of Rhode Island to the deprivation of any rights, 11
55	55	privileges or immunities secured by the Constitution and laws of the State of Rhode Island, shall 12
56	56	be liable to the aggrieved party in an action at law, suit in equity, and/or other proper proceeding 13
57	57	for redress, provided nothing herein shall abrogate any existing immunities of any person liable for 14
58	58	a violation under this subsection. 15
59	59	(b) A governmental entity shall be liable for any harm caused to an aggrieved party 16
60	60	subjected to a deprivation proscribed under subsection (a) of this section if the person that caused 17
61	61	the deprivation was acting within the scope of their employment, agency or other authority or color 18
62	62	of law conferred by the governmental entity, regardless of any immunities from liability from suit 19
63	63	that such person may have and regardless of any governmental or sovereign immunities of the State 20
64	64	of Rhode Island or any political or administrative subdivision thereof, which said immunities are 21
65	65	hereby expressly waived as to the State of Rhode Island and its political or administrative 22
66	66	subdivisions; provided that, nothing in this chapter abrogates judicial or legislative immunity. 23
67	67	(c) In any action brought under this chapter, an aggrieved party subjected to a deprivation 24
68	68	proscribed under subsection (a) of this section need not identify or join as a party the person or 25
69	69	persons who caused the deprivation and may bring an action under this chapter solely against the 26
70	70	governmental entity liable for the deprivation under subsection (b) of this section. 27
71	71	(d) A governmental entity shall also be liable for any harm sustained by an aggrieved party 28
72	72	that was caused by any custom, policy, regulation, ordinance, or law of that governmental entity. 29
73	73	42-112.1-5. Remedies. 30
74	74	(a) An aggrieved party subjected to a deprivation proscribed under this chapter shall be 31
75	75	entitled to all the rights and remedies available at law and equity including, but not limited to, 32
76	76	declaratory and injunctive relief and compensatory and punitive damages; provided that, neither 33
77	77	the State of Rhode Island, nor any of its political or administrative subdivisions, shall be liable for 34
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81	81	punitive damages arising out of liability imposed under §§ 42-112.1-4(b) through (d). 1
82	82	(b) In any action brought under this chapter, a prevailing aggrieved party subjected to a 2
83	83	deprivation proscribed by this chapter shall also be entitled to an award of reasonable counsel fees 3
84	84	as well as costs, prejudgment interest, and expert witness fees reasonably incurred in bringing the 4
85	85	action. 5
86	86	(c) An aggrieved party shall be considered prevailing if that party succeeds, in whole or in 6
87	87	part, in obtaining relief for a deprivation proscribed under this chapter by bringing an action under 7
88	88	this chapter, whether the relief is obtained as a result of a judgment, settlement, or the voluntary 8
89	89	change in behavior of the governmental entity after the filing of an action. 9
90	90	(d) An action under this chapter may be brought in any court of competent jurisdiction 10
91	91	within three (3) years from the date of the deprivation proscribed under this chapter or from the 11
92	92	date when the aggrieved party knew or should have known of the acts and/or omissions giving rise 12
93	93	to the deprivation, whichever is later in time. 13
94	94	42-112.1-6. Severability. 14
95	95	If any provision of this chapter or the application of this chapter to any person or 15
96	96	circumstances is adjudged by any court of competent jurisdiction to be invalid, this invalidity shall 16
97	97	not affect other provisions or applications of this chapter, which can be given effect without the 17
98	98	invalid provision or application, and to this end the provisions of this chapter are declared to be 18
99	99	severable. 19
100	100	SECTION 2. This act shall take effect upon passage. 20
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107	107	EXPLANATION
108	108	BY THE LEGISLATIVE COUNCIL
109	109	OF
110	110	A N A C T
111	111	RELATING TO STATE AFFAIRS AND GOVERNMENT -- THE RHODE ISLAND CIVIL
112	112	RIGHTS ENFORCEMENT A CT
113	113	***
114	114	This act would provide a remedy for any harm caused due to a deprivation or violation of 1
115	115	rights secured by the Constitution of the State of Rhode Island due to acts of the State of Rhode 2
116	116	Island or any of its political or administrative subdivisions, including, but not limited to, any 3
117	117	municipal, quasi-municipal, or quasi-state entity, and any state of the United States, the United 4
118	118	States, and any nation state, including any political or administrative subdivision thereof. 5
119	119	This act would take effect upon passage. 6
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