HB 577

 02-23 15:19  2nd Sub. (Gray) H.B. 577
                         Andrew Stoddard proposes the following substitute bill:
1State-Created Remedies for Federal Constitutional Violations
                                         2026 GENERAL SESSION
                                              STATE OF UTAH
                                    Chief Sponsor: Andrew Stoddard
                                     Senate Sponsor: Stephanie Pitcher
2
3   LONG TITLE
4   General Description:
5This bill concerns a state-law remedy for a federal constitutional violation.
6   Highlighted Provisions:
7This bill:
8▸ creates a state-law remedy for a federal constitutional violation committed by an
9   individual acting under federal, state, or local law;
10▸ provides for eligible damages;
11▸ contains a severability clause; and
12▸ makes technical and conforming changes.
13   Money Appropriated in this Bill:
14None
15   Other Special Clauses:
16None
17   Utah Code Sections Affected:
                                                                                                       2nd Sub. H.B. 577
18   ENACTS:
1978B-3-1301, Utah Code Annotated 1953
20
21   Be it enacted by the Legislature of the state of Utah:
22Section 1. Section 78B-3-1301 is enacted to read:
23CHAPTER 3. Civil Actions
24Part 13. Civil Action for Deprivation of Federal Constitutional Rights
2578B-3-1301 . Civil action for deprivation of federal constitutional rights under
26   color of law.
27   (1)(a) Except as provided in Subsection (3), a person who is a citizen of this state or
28within the jurisdiction of this state, and is injured by an individual described in
 2nd Sub. (Gray) H.B. 577  02-23 15:19
29Subsection (1)(b), has a right of action against the individual described in Subsection
30(1)(b) for the relief described in Subsection (2).
31(b) An individual who is acting as an employee or agent of a federal, state, or local
32governmental entity, and who, under color of any statute, ordinance, regulation,
33custom, or usage, of the United States, this state, or a political subdivision of this
34state, subjects, or causes to be subjected, any citizen of this state, or any person
35within the jurisdiction of this state, to the deprivation of any rights, privileges, or
36immunities secured by the United States Constitution, is liable to the injured party.
37   (2)(a) Except as provided in Subsection (2)(b), a person described in Subsection (1)(a)
38who is injured by an individual described in Subsection (1)(b) may be awarded
39compensatory damages, equitable relief, and reasonable attorney fees and costs.
40(b) A person may not recover punitive damages in an action brought under this section.
41   (3) A person does not have a right of action under this section if the person could seek relief
42against an individual described in Subsection (1)(b) under 42 U.S.C. Sec. 1983 or any
43other statutory scheme that provides a right of action for relief based on the violation of
44a federal constitutional right.
45   (4) This section does not:
46(a) authorize a right of action against a federal, state, or local entity; or
47(b) regulate, restrict, or impose liability on a federal, state, or local entity.
48   (5) This section only applies to a right of action that accrues on or after May 6, 2026.
49   (6) The provisions of this section are severable, and if any subsection of this section or the
50application of any subsection to any person or circumstance is held invalid by a final
51decision of a court with jurisdiction, the remainder of this section shall be given effect
52without the invalid subsection or application.
53Section 2. Effective Date.
54   This bill takes effect on May 6, 2026.
                                                    -2-