Albany, NY – New York State Assemblywoman Stacey Pheffer Amato boldly clarified the legislative intent for law enforcement and qualified immunity during the NYS budget debate. Part of Budget Bill PPGG (A.10005, 2026) seeks to enact a new process by which federal officers who violate State or federal constitutional rights can be sued in State court. The Assemblywoman, a fierce supporter of NY law enforcement, spoke up on the floor of the Assembly to make sure there was no confusion with the new law.

She asked, “[the new law is] not changing anything, it’s mirroring the federal law, mirroring what is the practice of today?” She was repeatedly told, “correct.”

“So there is no impact, harm, or diminishment of that qualified immunity [to State law enforcement]? It’s the same practices that are occurring right now?” The Assemblywoman was again assured with a “that is correct” which helped clarify that qualified immunity is not impacted for State law enforcement.

Qualified immunity refers to legal protection that shields certain governmental employees, like police officers, from civil lawsuits for any damages that may occur during the course of their lawful duty. Through Assemblywoman Pheffer Amato’s questions and clarification, legislative intent was established on the record which many police unions throughout New York thanked the Assemblywoman for obtaining. The record helped solidify that State-wide qualified immunity still applies where it currently exists. “The Assemblywoman’s commitment to law enforcement is boundless, and this once again shows that she will always have our backs. By getting clarification, making the intent of the law known, law enforcement throughout New York know where they stand and can continue to do the important work of protecting and serving their communities,” said Police Conference of New York President, Michael O’Meara.

“The heroic men and women in our state law enforcement do incredible work and we are making sure they are able to continue to focus on local issues in our local communities. I want to thank Governor Hochul for finding the perfect balance to hold the federal government accountable, but also guaranteeing our NY State and local police continue to have the qualified immunity they are entitled to. This is the type of action that demonstrates what it means to be a leader,” said Assemblywoman Stacey Pheffer Amato.

In 2021 the New York City Council voted to remove qualified immunity from members of the NYPD. While the State does not have the ability to override that local decision, Assemblywoman Pheffer Amato has successfully worked to prevent any legislation that would eliminate qualified immunity on the State-level from advancing, or allowing the further diminishment of that protection to our state police or other law enforcement officers.