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SB 2607

AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT--THE RHODE ISLAND CIVIL RIGHTS ENFORCEMENT ACT

2026 Regular Session Introduced by Jake Bissaillon and 3 co-sponsors

Creates a private right to sue government entities for rights violations, making agencies liable with damages, injunctive relief, and attorney’s fees.

05/05/2026 Committee recommended measure be held for further study
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Bill Summary · SB 2607

Summary of SB 2607 (Rhode Island Civil Rights Enforcement Act)

What the bill aims to do

SB 2607 proposes a new Rhode Island statute, titled the Rhode Island Civil Rights Enforcement Act, designed to provide a remedy for violations of rights secured by the Rhode Island Constitution and the U.S. Constitution and laws. The act creates a private right of action against governmental entities and their agents for rights violations, and also authorizes the Attorney General to bring enforcement actions in the state's name or on behalf of aggrieved individuals. The overarching purpose is to ensure that when government actors violate rights, the burden of redress falls on the government, not the harmed individual.

Key provisions and changes

  • Chapter creation: Adds Chapter 112.1 to Title 42 (State Affairs and Government), establishing the Rhode Island Civil Rights Enforcement Act.

  • Definitions:

    • “Aggrieved party”: a Rhode Island resident or other individual within the state whose rights or immunities are deprived.
    • “Governmental entity”: the state, its political/administrative subdivisions (including municipalities and quasi-entities), and similar entities of the U.S. or foreign nations.

  • Causes of action (42-112.1-4):

    • Individuals harmed by deprivations of rights under color of law can sue in law, equity, or other appropriate proceedings.
    • Governmental entities are liable for harm caused by their agents acting within the scope of employment or authority, waiving certain immunities (while preserving judicial and legislative immunity).

  • Who can sue:

    • Aggrieved individuals may sue the governmental entity directly without needing to name the specific actor who caused the deprivation.

  • Statutory liability for harms by governmental action:

    • Governmental entities may be liable for harms caused by statutes, ordinances, regulations, or customs of the entity itself.

  • Remedies (42-112.1-5):

    • Available remedies include declaratory and injunctive relief, as well as compensatory and punitive damages.
    • Damages limitations for the State and its subdivisions: no punitive damages; compensatory damages capped at $500,000, with an exception if the conduct was intentional, willful, malicious, or recklessly disregarded rights, or occurred during a proprietary function.
    • The compensatory damages cap is annually adjusted beginning January 31, 2027 by CPI-U for the Northeast Region.
    • Prevailing aggrieved parties may recover reasonable attorney’s fees and costs.
    • Statute of limitations: three years from the date of the deprivation.

  • Attorney General enforcement (42-112.1-6):

    • The Attorney General can bring civil actions for violations in addition to private actions, in state or federal courts.

  • Severability (42-112.1-7): If any portion is held invalid, the rest remains in effect.

  • Effective date: The act takes effect upon passage.

Who would be affected

  • Aggrieved individuals inside Rhode Island who allege their constitutional rights have been violated by state or local government actions or neglect.
  • Governmental entities and their employees/agents would face potential liability and damages for rights violations, subject to immunities and the damages framework.
  • The Rhode Island Attorney General would gain a formal role to initiate civil enforcement actions, supplementing private rights of action.

Procedural and timeline notes

  • The act would take effect immediately upon passage.
  • Damages caps are subject to automatic annual CPI-U adjustments beginning in 2027.
  • Actions must be brought within three years of the deprivation.

Additional context

  • The bill emphasizes a remedy-oriented approach consistent with the Rhode Island Constitution’s directive that every right has a remedy.
  • It explicitly waives sovereign and governmental immunities for state and substate entities, while preserving certain judicial and legislative immunities.

If you’d like, I can provide a side-by-side comparison with existing Rhode Island civil rights remedies or outline potential policy considerations and fiscal implications.

Compiled from official sources — confirm details with the bill’s official record.

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