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S08925 Summary:

BILL NOS08925
 
SAME ASSAME AS A11013-A
 
SPONSORALCANTARA
 
COSPNSRBAILEY, BENJAMIN, CARLUCCI, COMRIE, DILAN, HAMILTON, KRUEGER, MAYER, MONTGOMERY, PARKER, PERALTA, PERSAUD, RIVERA, SANDERS, SEPULVEDA, SERRANO, STAVISKY
 
MLTSPNSR
 
Add 28, Civ Rts L; add 4-a, amd 212, Judy L
 
Exempts certain interested parties or people from civil arrest while going to, remaining at, or returning from the place of such court proceeding.
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S08925 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8925
 
                    IN SENATE
 
                                      June 5, 2018
                                       ___________
 
        Introduced by Sen. ALCANTARA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        AN  ACT to amend the civil rights law and the judiciary law, in relation
          to protecting certain interested parties or people from  civil  arrest
          while  going  to,  remaining  at,  or returning from the place of such
          court proceeding

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  This  act shall be known and may be cited as the "protect
     2  our courts act".
     3    § 2. The civil rights law is amended by adding a  new  section  28  to
     4  read as follows:
     5    §  28.  Civil  arrest; certain locations. 1. A person duly and in good
     6  faith attending a court proceeding in which such person is  a  party  or
     7  potential  witness, or a family or household member is a party or poten-
     8  tial witness, is privileged from civil arrest while going to,  remaining
     9  at,  and returning from, the place of such court proceeding, unless such
    10  civil arrest is supported  by  a  judicial  warrant  or  judicial  order
    11  authorizing such civil arrest.
    12    2. It is a contempt of the court and false imprisonment for any person
    13  to willfully violate subdivision one of this section, or an order of the
    14  court issued pursuant to section four-a of the judiciary law, by execut-
    15  ing  an  arrest prohibited by subdivision one of this section or section
    16  four-a of the judiciary law, or willfully assisting or willfully facili-
    17  tating an arrest prohibited  by  subdivision  one  of  this  section  or
    18  section  four-a of the judiciary law; provided, however, that nothing in
    19  this subdivision shall affect any right or defense of any person, police
    20  officer, peace officer or public officer pursuant to article thirty-five
    21  of the penal law.
    22    3. Regardless of whether a proceeding for contempt of the court pursu-
    23  ant to subdivision two of this section has been initiated:
    24    (a) a person described in subdivision one of this section may bring  a
    25  civil  action  for  appropriate equitable and declaratory relief if such
    26  person has reasonable cause to believe a violation of subdivision one of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15571-06-8

        S. 8925                             2
 
     1  this section, as described in subdivision two  of  this  section,  or  a
     2  violation  of  section  four-a of the judiciary law, has occurred or may
     3  occur; and
     4    (b)  the  attorney general may bring a civil action in the name of the
     5  people of the state of New York  to  obtain  appropriate  equitable  and
     6  declaratory  relief  if  the  attorney  general  has reasonable cause to
     7  believe that  a  violation  of  subdivision  one  of  this  section,  as
     8  described  in subdivision two of this section, or a violation of section
     9  four-a of the judiciary law, has occurred or may occur.
    10    4. In any successful action pursuant  to  subdivision  three  of  this
    11  section,  a  plaintiff  or  petitioner  may recover costs and reasonable
    12  attorney's fees.
    13    5. Nothing in this section shall be construed to narrow, or in any way
    14  lessen, any common law or other right or privilege of  a  person  privi-
    15  leged from arrest pursuant to this article or otherwise.
    16    6. As used in this section:
    17    (a) "civil arrest" shall mean an arrest that is not:
    18    (i) for the sole or primary purpose of preparing the person subject to
    19  such  arrest  for  criminal prosecution, for an alleged violation of the
    20  criminal law of:
    21    (A) this state, or another state, for which a sentence of  a  term  of
    22  imprisonment is authorized by law; or
    23    (B)  the United States, for which a sentence of a term of imprisonment
    24  is authorized by law, and for which  federal  law  requires  an  initial
    25  appearance  before a federal judge, federal magistrate or other judicial
    26  officer, pursuant to the federal rules of criminal procedure that govern
    27  initial appearances; or
    28    (ii) for contempt of the court in which the court proceeding is taking
    29  place or will be taking place;
    30    (b) "court proceeding" shall mean any appearance in a  court  of  this
    31  state  before  a  judge  or justice or judicial magistrate of this state
    32  ordered or scheduled by such judge or justice or judicial magistrate, or
    33  the filing of papers designed to initiate such an  appearance  before  a
    34  judge or justice or judicial magistrate of this state;
    35    (c)  "family  or  household  member" shall have the same meaning as in
    36  subdivision two of section  four  hundred  fifty-nine-a  of  the  social
    37  services law; and
    38    (d) "judicial warrant or judicial order authorizing such civil arrest"
    39  means  an arrest warrant or other judicial order, issued by a magistrate
    40  sitting in the judicial branch of a local or state government or of  the
    41  federal  government,  authorizing a civil arrest and issued by the court
    42  in which proceedings following such arrest will be heard and determined.
    43    § 3. The judiciary law is amended by adding a new section 4-a to  read
    44  as follows:
    45    §  4-a. Certain powers of the courts regarding civil arrests. In order
    46  to maintain access to the court and open judicial  proceedings  for  all
    47  persons  in  their  individual capacity and to prevent interference with
    48  the needs of judicial administration, a court has  the  power  to  issue
    49  appropriate  judicial orders to protect the privilege from civil arrest,
    50  in accordance with article three of the civil rights law.
    51    § 4. Subdivision 2 of section 212 of the judiciary law is  amended  by
    52  adding a new paragraph (w) to read as follows:
    53    (w)  (i)  In  order  to maintain access to the court and open judicial
    54  proceedings for all persons in their individual capacity and to  prevent
    55  interference  with the needs of judicial administration, consistent with
    56  section twenty-eight of the civil rights law and section four-a of  this

        S. 8925                             3
 
     1  chapter, direct that court personnel responsible for all courthouses and
     2  the  places of all court proceedings in the state shall not allow access
     3  to such courthouses and places of court  proceedings  to  non-local  law
     4  enforcement  personnel  seeking  to enter such locations with respect to
     5  violation or violations of federal immigration law unless presented with
     6  a valid judicial warrant or judicial order, and  designated  counsel  of
     7  the  unified  court  system  has  individually reviewed and confirmed in
     8  writing the authenticity of such judicial  warrant  or  judicial  order.
     9  Non-local  law  enforcement  personnel  seeking to enter such a location
    10  with respect to violation or violations of federal immigration law shall
    11  identify themselves and such purpose, and present such judicial  warrant
    12  or  judicial order to such responsible court personnel when seeking such
    13  access. The chief administrator shall promulgate rules  consistent  with
    14  this subdivision designed to implement the provisions of this paragraph.
    15    (ii)  Such  rules  shall  also  require  that  a copy of each judicial
    16  warrant and   judicial order  reviewed  by  designated  counsel  of  the
    17  unified court system under this paragraph be sent to and maintained in a
    18  central  repository  by  the chief administrator, who shall on an annual
    19  basis compile statistics disaggregated by  county and prepare  a  report
    20  of  such  statistics,  and  also  identify in such report, for each such
    21  judicial warrant and judicial order, the date such judicial  warrant  or
    22  judicial  order  was signed, the judge and court which issued such judi-
    23  cial warrant or judicial order and the location of such court  as  shown
    24  by  such document, the  date such judicial warrant or judicial order was
    25  presented to counsel for the  unified court system, a description of the
    26  type of judicial warrant or judicial order and, to the extent  known  to
    27  court  personnel,  whether  or  not an arrest occurred  and the date and
    28  location of such arrest. Such report, which shall not include the  names
    29  of individuals involved, shall  be  published  on  the  website  of  the
    30  unified  court  system  and  copies  of such report shall be sent to the
    31  governor, the speaker of the assembly and the temporary president of the
    32  senate.
    33    (iii) For purposes  of  this  paragraph,  "non-local  law  enforcement
    34  personnel"  shall mean a person or persons employed or retained by a law
    35  enforcement agency: (A) of a jurisdiction other than the  state  of  New
    36  York or a local government in the state of New York; or (B) of the state
    37  of  New  York or a local government in the state of New York, where such
    38  law enforcement agency or employee or agent thereof has entered into  an
    39  agreement  with  a  federal  law  enforcement  agency, including but not
    40  limited to pursuant to 8 U.S.C. 1373, authorizing it or such  person  to
    41  enforce or assist in the enforcement of federal immigration law.
    42    § 5. Severability clause. If any clause, sentence, paragraph, subdivi-
    43  sion,  section  or  part  of  this act shall be adjudged by any court of
    44  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    45  impair,  or  invalidate  the remainder thereof, but shall be confined in
    46  its operation to the clause, sentence, paragraph,  subdivision,  section
    47  or part thereof directly involved in the controversy in which such judg-
    48  ment shall have been rendered. It is hereby declared to be the intent of
    49  the  legislature  that  this  act  would  have been enacted even if such
    50  invalid provisions had not been included herein.
    51    § 6. This act shall take effect immediately.
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