S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4477

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 23, 2015
                               ___________

Introduced by Sen. MARCHIONE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN  ACT to amend the executive law, the penal law and the county law, in
  relation to enacting the "public officer protection act"

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Short  title. This act shall be known and may be cited as
the "public officer protection act".
  S 2. The executive law is amended by adding a new section 65-a to read
as follows:
  S 65-A. RECOGNIZED COURTS, TRIBUNALS, OR OTHER JUDICIAL OR QUASI JUDI-
CIAL BODIES. 1. THE ATTORNEY GENERAL SHALL ANNUALLY PREPARE A LISTING OF
ALL RECOGNIZED  COURTS,  TRIBUNALS,  AND  JUDICIAL  AND  QUASI  JUDICIAL
BODIES,  AS  DEFINED  IN  SUBDIVISION TWO OF SECTION 189.00 OF THE PENAL
LAW, AND SHALL ANNUALLY PUBLISH SUCH PREPARED LISTING. ANY COURT, TRIBU-
NAL, OR JUDICIAL OR QUASI JUDICIAL BODY THAT IS NOT A RECOGNIZED  COURT,
TRIBUNAL,  OR OTHER JUDICIAL OR QUASI JUDICIAL BODY, AS DEFINED IN PARA-
GRAPH (A), (B) OR (C) OF SUBDIVISION TWO OF SECTION 189.00 OF THE  PENAL
LAW  MAY  APPLY  TO  THE ATTORNEY GENERAL PURSUANT TO SUBDIVISION TWO OF
THIS SECTION TO BECOME CERTIFIED AS A  RECOGNIZED  COURT,  TRIBUNAL,  OR
JUDICIAL OR QUASI JUDICIAL BODY.
  2.  AN  APPLICATION  TO  THE  ATTORNEY  GENERAL FOR CERTIFICATION AS A
RECOGNIZED COURT, TRIBUNAL, OR OTHER JUDICIAL  OR  QUASI  JUDICIAL  BODY
SHALL  BE IN SUCH FORM AND MANNER AS PRESCRIBED BY THE ATTORNEY GENERAL.
NO FEE SHALL BE IMPOSED BY THE ATTORNEY GENERAL FOR  THE  SUBMISSION  OF
SUCH  AN APPLICATION.  THE DETERMINATION AS TO WHETHER OR NOT TO CERTIFY
AN APPLICANT AS A RECOGNIZED COURT, TRIBUNAL, OR OTHER JUDICIAL OR QUASI
JUDICIAL BODY SHALL BE IN THE SOLE DISCRETION OF  THE  ATTORNEY  GENERAL
AND  SHALL NOT BE SUBJECT TO REVIEW PURSUANT TO ARTICLE SEVENTY-EIGHT OF
THE CIVIL PRACTICE LAW AND RULES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08864-01-5

              

S. 4477                             2

  3. THE ATTORNEY GENERAL SHALL ANNUALLY PROVIDE ALL COUNTY CLERKS  WITH
A COMPLETE LISTING OF ALL RECOGNIZED COURTS, TRIBUNALS, AND JUDICIAL AND
QUASI JUDICIAL BODIES.
  S  3. The executive law is amended by adding a new section 719 to read
as follows:
  S 719. PUBLIC PROTECTION OF PUBLIC OFFICERS. 1.   LEGISLATIVE  INTENT.
THE  LEGISLATURE FINDS AND DETERMINES THAT THE STATE OF NEW YORK AND THE
UNITED STATES OF AMERICA HAVE  RECENTLY  SEEN  A  DISTURBING  NUMBER  OF
RETALIATORY  ACTIONS  AGAINST  PUBLIC  OFFICERS  IN THE CONDUCT OF THEIR
OFFICIAL DUTIES THAT PRESENT A PROFOUND THREAT TO OUR FREEDOM AND LIBER-
TY AS A FREE PEOPLE. THESE ACTIONS OFTEN SEEK TO  CIRCUMVENT  THE  PROC-
ESSES  OF FREE SPEECH, FAIR ELECTIONS, THE ADMINISTRATION OF JUSTICE AND
THE PROPER CONDUCT OF THE JUDICIAL SYSTEM, TO  WHICH  OUR  CONSTITUTIONS
ARE  DEDICATED,  AND  IN  AN  EFFORT  TO OBTAIN CHANGE, ENGAGE IN INTIM-
IDATION, VIOLENCE, DEATH, DESTRUCTION AND/OR DECEPTION.
  THE LEGISLATURE FURTHER FINDS AND DETERMINES THAT ONE OF THE PRACTICES
FREQUENTLY EMPLOYED BY PERSONS TAKING THESE RETALIATORY ACTIONS,  IN  AN
EFFORT  TO  UNDERMINE  STATE  AUTHORITY AND CIVIL INTEGRITY, IS TO ISSUE
ORDERS, JUDGMENTS, DECREES, PROCLAMATIONS OR OTHER QUASI JUDICIAL  DOCU-
MENTS  FROM  WHAT  HAVE  BEEN  TERMED AS "COMMON LAW COURTS" OR "CITIZEN
COURTS". THESE "COURTS" HAVE NO REAL STANDING AUTHORITY, IN LAW OR EQUI-
TY, AND MERELY SERVE AS A SUBTERFUGE FOR THESE PERSONS.
  THE LEGISLATURE ADDITIONALLY FINDS AND DETERMINES THAT A FURTHER PRAC-
TICE EMPLOYED BY PERSONS TAKING THESE RETALIATORY ACTIONS, IN AN  EFFORT
TO  UNDERMINE STATE AUTHORITY AND CIVIL INTEGRITY, IS TO FILE RECORDS OR
INSTRUMENTS, THAT ARE TRADITIONALLY RECOGNIZED UNDER THE  CIVIL  JUSTICE
SYSTEM,  INCLUDING  LIENS AND ENCUMBRANCES OF REAL OR PERSONAL PROPERTY,
IN RETALIATION FOR OR ON ACCOUNT OF  THE  PERFORMANCE  OF  THE  OFFICIAL
DUTIES  OF  A  PUBLIC OFFICER.   THESE RECORDS OR INSTRUMENTS, WHICH ARE
MERITLESS, FRIVOLOUS, FALSE, FICTITIOUS OR FRAUDULENT, ARE MERELY  FILED
WITH THE PURPOSE TO INTIMIDATE OR INJURE THE PUBLIC OFFICIAL.
  THE  LEGISLATURE  FINALLY FINDS AND DECLARES THAT WHEN PUBLIC OFFICERS
IN PERFORMANCE OF THEIR OFFICIAL DUTIES ARE ISSUED WITH CIVIL OR  CRIMI-
NAL PAPERS FROM THESE "COMMON LAW COURTS" OR "CITIZEN COURTS", OR HAVE A
MERITLESS,  FRIVOLOUS, FALSE, FICTITIOUS OR FRAUDULENT RECORD OR INSTRU-
MENT FILED AGAINST THEM, A  GREAT  DEAL  OF  CONFUSION  AND  INJURY  CAN
RESULT,  AND  THE  INTEGRITY  OF  OUR  REAL COURT AND JUDICIAL SYSTEM IS
THEREBY THREATENED.  THESE MISFOUNDED INDIVIDUALS USE  THE  RESPECT  AND
INTEGRITY  THAT  OUR  COURT  AND  JUDICIAL SYSTEM HAS TAKEN CENTURIES TO
OBTAIN, TO INTIMIDATE THEIR VICTIMS AND IMPOSE THEIR WILL. IT IS A PROC-
ESS BASED IN MISCONDUCT, FRAUD, DECEPTION, AND DECEIT, AND IT CANNOT  BE
ALLOWED TO CONTINUE.
  2.  PUBLIC  OFFICER  PROTECTION  TEAM.    THERE SHALL BE ESTABLISHED A
PUBLIC OFFICER PROTECTION TEAM.  SUCH TEAM SHALL CONSIST OF THE  COMMIS-
SIONER  OF THE DIVISION, THE SUPERINTENDENT OF STATE POLICE, THE COMMIS-
SIONER OF CRIMINAL JUSTICE SERVICES, THE  ATTORNEY  GENERAL,  THE  CHIEF
ADMINISTRATIVE  JUDGE  OF THE OFFICE OF COURT ADMINISTRATION, THE PRESI-
DENT OF THE NEW YORK STATE ASSOCIATION OF COUNTY CLERKS, AND THE  PRESI-
DENT  OF  THE  NEW  YORK STATE SHERIFF'S ASSOCIATION. THE PUBLIC OFFICER
PROTECTION TEAM SHALL MEET NO LESS THAN BIANNUALLY TO DISCUSS STRATEGIES
AND DEVELOP RECOMMENDATIONS  TO  PROTECT  PUBLIC  OFFICERS  FROM  INTIM-
IDATION,  THREATS,  VIOLENCE,  INJURY  AND  RETALIATION IN THE COURSE OF
THEIR OFFICIAL DUTIES, AND THE REDUCTION OF THE  FILING  OF  RETALIATORY
RECORDS  OR  INSTRUMENTS  AGAINST  PUBLIC  OFFICERS  AND JURISPRUDENTIAL
FRAUD. ON OR BEFORE THE THIRTY-FIRST  OF  DECEMBER  OF  EACH  YEAR,  THE
PUBLIC  OFFICER  PROTECTION  TEAM SHALL DEVELOP AND TRANSMIT RECOMMENDA-

S. 4477                             3

TIONS TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY,  AND  THE  TEMPORARY
PRESIDENT OF THE SENATE, ON LEGISLATIVE AND ADMINISTRATIVE MEASURES THAT
CAN  BE  TAKEN  TO  PROTECT  PUBLIC OFFICERS FROM INTIMIDATION, THREATS,
VIOLENCE, INJURY AND RETALIATION IN THE COURSE OF THEIR OFFICIAL DUTIES,
AND  THE  REDUCTION  OF THE FILING OF RETALIATORY RECORDS OR INSTRUMENTS
AGAINST PUBLIC OFFICERS AND JURISPRUDENTIAL FRAUD.
  S 4. The penal law is amended by adding a new article 189 to  read  as
follows:
                               ARTICLE 189
                          JURISPRUDENTIAL FRAUD
SECTION 189.00 JURISPRUDENTIAL FRAUD OFFENSES; DEFINITIONS OF TERMS.
        189.05 JURISPRUDENTIAL FRAUD IN THE SECOND DEGREE.
        189.10 JURISPRUDENTIAL FRAUD IN THE FIRST DEGREE.
        189.15 FILING  A  RETALIATORY  RECORD  OR  INSTRUMENT  AGAINST A
                 PUBLIC OFFICER.
        189.20 JURISPRUDENTIAL FRAUD OFFENSES; DEFENSES.
S 189.00 JURISPRUDENTIAL FRAUD OFFENSES; DEFINITIONS OF TERMS.
  THE FOLLOWING DEFINITIONS ARE APPLICABLE TO THIS ARTICLE:
  1. "JURISPRUDENTIAL DOCUMENT" MEANS ANY DOCUMENT  WHICH  ON  ITS  FACE
REPRESENTS  THAT  IT  HAS  BEEN  DRAFTED, CREATED OR ISSUED BY, UPON THE
AUTHORITY OF, UNDER THE JURISDICTION OF, OR PURSUANT TO CIVIL OR  CRIMI-
NAL  LITIGATION  BEFORE,  ANY COURT, TRIBUNAL OR OTHER JUDICIAL OR QUASI
JUDICIAL BODY; AND SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (A) A SUMMONS;
  (B) A PLEADING;
  (C) MOTION PAPERS;
  (D) APPEAL PAPERS;
  (E) AN ORDER;
  (F) A DECISION;
  (G) A JUDGMENT;
  (H) A LIEN;
  (I) A LIS PENDENS; OR
  (J) ANY OTHER PAPER INVOLVED IN CRIMINAL OR CIVIL LITIGATION.
  2. "RECOGNIZED COURT, TRIBUNAL, OR OTHER JUDICIAL  OR  QUASI  JUDICIAL
BODY" MEANS:
  (A)  ANY  COURT  OF  RECORD AS DEFINED IN SECTION TWO OF THE JUDICIARY
LAW;
  (B) ANY COURT, TRIBUNAL, OR OTHER  JUDICIAL  OR  QUASI  JUDICIAL  BODY
ESTABLISHED PURSUANT TO THE CONSTITUTION OF THE UNITED STATES OR OF THIS
STATE,  OR  FEDERAL OR STATE LAW OR THE LAW OF ANY POLITICAL SUBDIVISION
OF THE STATE;
  (C) ANY COURT IN ANOTHER STATE OR COUNTRY WHICH  IF  LOCATED  IN  THIS
STATE  WOULD BE A COURT OF RECORD OR WHICH IS ESTABLISHED BY THE LAWS OF
THAT STATE OR COUNTRY OR A POLITICAL SUBDIVISION THEREOF; AND
  (D) ANY OTHER COURT, TRIBUNAL, OR OTHER  JUDICIAL  OR  QUASI  JUDICIAL
BODY  CERTIFIED BY THE ATTORNEY GENERAL PURSUANT TO SECTION SIXTY-FIVE-A
OF THE EXECUTIVE LAW.
S 189.05 JURISPRUDENTIAL FRAUD IN THE SECOND DEGREE.
  A PERSON IS GUILTY OF JURISPRUDENTIAL FRAUD IN THE SECOND DEGREE  WHEN
HE  OR  SHE  INTENTIONALLY  AIDS  ANOTHER TO KNOWINGLY AND INTENTIONALLY
DISTRIBUTE, SERVE, FILE, PRODUCE OR PUBLISH A JURISPRUDENTIAL  DOCUMENT,
WHEN SUCH JURISPRUDENTIAL DOCUMENT WAS NOT:
  1.  DRAFTED,  CREATED  OR  ISSUED  BY A RECOGNIZED COURT, TRIBUNAL, OR
OTHER JUDICIAL OR QUASI JUDICIAL BODY; OR
  2. DRAFTED, CREATED OR ISSUED BY  A  PERSON  OR  GOVERNMENTAL  ENTITY,
ACTING  UPON  THE  AUTHORITY  OF  A RECOGNIZED COURT, TRIBUNAL, OR OTHER

S. 4477                             4

JUDICIAL OR QUASI JUDICIAL BODY, OR THE STATE CRIMINAL  JUSTICE  SYSTEM;
OR
  3.  DRAFTED,  CREATED  OR  ISSUED  BY A PERSON OR GOVERNMENTAL ENTITY,
ACTING PURSUANT TO THE COMMENCEMENT OR PROSECUTION OF CIVIL OR  CRIMINAL
LITIGATION,  BEFORE  A  RECOGNIZED COURT, TRIBUNAL, OR OTHER JUDICIAL OR
QUASI JUDICIAL BODY; OR
  4. DRAFTED, CREATED OR ISSUED BY  A  PERSON  OR  GOVERNMENTAL  ENTITY,
ACTING  UNDER THE JURISDICTION OF A RECOGNIZED COURT, TRIBUNAL, OR OTHER
JUDICIAL OR QUASI JUDICIAL BODY, OR THE STATE CRIMINAL JUSTICE SYSTEM.
  JURISPRUDENTIAL FRAUD IN THE SECOND DEGREE IS A CLASS A MISDEMEANOR.
S 189.10 JURISPRUDENTIAL FRAUD IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF JURISPRUDENTIAL FRAUD IN THE FIRST DEGREE WHEN:
  1. HE OR SHE KNOWINGLY AND INTENTIONALLY DISTRIBUTES,  SERVES,  FILES,
PRODUCES OR PUBLISHES A JURISPRUDENTIAL DOCUMENT, REPRESENTING THAT SUCH
DOCUMENT WAS:
  (A) DRAFTED, CREATED OR ISSUED BY A COURT, TRIBUNAL, OR OTHER JUDICIAL
OR QUASI JUDICIAL BODY; OR
  (B)  DRAFTED,  CREATED  OR  ISSUED BY A PERSON OR GOVERNMENTAL ENTITY,
ACTING UPON THE AUTHORITY OF A COURT, TRIBUNAL,  OR  OTHER  JUDICIAL  OR
QUASI JUDICIAL BODY; OR
  (C)  DRAFTED,  CREATED  OR  ISSUED BY A PERSON OR GOVERNMENTAL ENTITY,
ACTING PURSUANT TO THE COMMENCEMENT OR PROSECUTION OF CIVIL OR  CRIMINAL
LITIGATION,  BEFORE  A COURT, TRIBUNAL, OR OTHER JUDICIAL OR QUASI JUDI-
CIAL BODY; OR
  (D) DRAFTED, CREATED OR ISSUED BY A  PERSON  OR  GOVERNMENTAL  ENTITY,
ACTING UNDER THE JURISDICTION OF A COURT, TRIBUNAL, OR OTHER JUDICIAL OR
QUASI JUDICIAL BODY; AND
  2. WHEN SUCH JURISPRUDENTIAL DOCUMENT WAS NOT:
  (A)  DRAFTED,  CREATED  OR  ISSUED BY A RECOGNIZED COURT, TRIBUNAL, OR
OTHER JUDICIAL OR QUASI JUDICIAL BODY; OR
  (B) DRAFTED, CREATED OR ISSUED BY A  PERSON  OR  GOVERNMENTAL  ENTITY,
ACTING  UPON  THE  AUTHORITY  OF  A RECOGNIZED COURT, TRIBUNAL, OR OTHER
JUDICIAL OR QUASI JUDICIAL BODY, OR THE STATE CRIMINAL  JUSTICE  SYSTEM;
OR
  (C)  DRAFTED,  CREATED  OR  ISSUED BY A PERSON OR GOVERNMENTAL ENTITY,
ACTING PURSUANT TO THE COMMENCEMENT OR PROSECUTION OF CIVIL OR  CRIMINAL
LITIGATION,  BEFORE  A  RECOGNIZED COURT, TRIBUNAL, OR OTHER JUDICIAL OR
QUASI JUDICIAL BODY; OR
  (D) DRAFTED, CREATED OR ISSUED BY A  PERSON  OR  GOVERNMENTAL  ENTITY,
ACTING  UNDER THE JURISDICTION OF A RECOGNIZED COURT, TRIBUNAL, OR OTHER
JUDICIAL OR QUASI JUDICIAL BODY, OR THE STATE CRIMINAL JUSTICE SYSTEM.
  JURISPRUDENTIAL FRAUD IN THE FIRST DEGREE IS A CLASS D FELONY.
S 189.15 FILING A RETALIATORY RECORD  OR  INSTRUMENT  AGAINST  A  PUBLIC
           OFFICER.
  1.  A  PERSON  IS  GUILTY OF FILING A RETALIATORY RECORD OR INSTRUMENT
AGAINST A PUBLIC OFFICER, WHEN HE OR SHE, WITH THE INTENT TO INTIMIDATE,
INJURE OR INFLUENCE  A  PUBLIC  OFFICER,  FILES,  ATTEMPTS  TO  FILE  OR
CONSPIRES  TO  FILE, A FALSE, FICTITIOUS, FRAUDULENT OR FRIVOLOUS RECORD
OR INSTRUMENT, INCLUDING A LIEN  OR  ENCUMBRANCE  AGAINST  THE  REAL  OR
PERSONAL  PROPERTY OF A PUBLIC OFFICER, IN RETALIATION FOR OR ON ACCOUNT
OF THE PERFORMANCE OF THE OFFICIAL DUTIES OF SUCH PUBLIC OFFICER.
  2. FOR THE PURPOSES OF THIS SECTION, "PUBLIC OFFICER" SHALL  MEAN  ANY
OFFICER OR EMPLOYEE OF:
  (A) THE STATE;
  (B) A POLITICAL SUBDIVISION OF THE STATE;
  (C) THE FEDERAL GOVERNMENT;

S. 4477                             5

  (D) A SCHOOL DISTRICT; OR
  (E) A PUBLIC AUTHORITY.
  FILING  A RETALIATORY RECORD OR INSTRUMENT AGAINST A PUBLIC OFFICER IS
A CLASS D FELONY.
S 189.20 JURISPRUDENTIAL FRAUD OFFENSES; DEFENSES.
  IN ANY PROSECUTION FOR JURISPRUDENTIAL FRAUD IN THE FIRST  DEGREE,  AS
DEFINED  IN  SECTION  189.10,  OR  JURISPRUDENTIAL  FRAUD  IN THE SECOND
DEGREE, AS DEFINED IN SECTION 189.05, OR FILING A RETALIATORY RECORD  OR
INSTRUMENT  AGAINST  A  PUBLIC  OFFICER, AS DEFINED IN SECTION 189.15 OF
THIS ARTICLE, IT SHALL BE AN AFFIRMATIVE DEFENSE, THAT THE DEFENDANT  IN
HIS  OR  HER  CAPACITY  AS A PUBLIC OFFICER, DISTRIBUTED, SERVED, FILED,
PRODUCED OR PUBLISHED A JURISPRUDENTIAL DOCUMENT BELIEVING  IT  TO  HAVE
BEEN:
  1.  DRAFTED,  CREATED  OR  ISSUED  BY A RECOGNIZED COURT, TRIBUNAL, OR
OTHER JUDICIAL OR QUASI JUDICIAL BODY; OR
  2. DRAFTED, CREATED OR ISSUED BY  A  PERSON  OR  GOVERNMENTAL  ENTITY,
ACTING  UPON  THE  AUTHORITY  OF  A RECOGNIZED COURT, TRIBUNAL, OR OTHER
JUDICIAL OR QUASI JUDICIAL BODY; OR
  3. DRAFTED, CREATED OR ISSUED BY  A  PERSON  OR  GOVERNMENTAL  ENTITY,
ACTING  PURSUANT TO THE COMMENCEMENT OR PROSECUTION OF CIVIL OR CRIMINAL
LITIGATION, BEFORE A RECOGNIZED COURT, TRIBUNAL, OR  OTHER  JUDICIAL  OR
QUASI JUDICIAL BODY; OR
  4.  DRAFTED,  CREATED  OR  ISSUED  BY A PERSON OR GOVERNMENTAL ENTITY,
ACTING UNDER THE JURISDICTION OF A RECOGNIZED COURT, TRIBUNAL, OR  OTHER
JUDICIAL OR QUASI JUDICIAL BODY.
  S  5. The county law is amended by adding a new section 531 to read as
follows:
  S 531. PROHIBITED FILINGS. THE  COUNTY  CLERK  SHALL  NOT  ACCEPT  FOR
FILING  ANY  JURISPRUDENTIAL  DOCUMENT, AS DEFINED IN SUBDIVISION ONE OF
SECTION 189.00 OF THE PENAL LAW, FROM  ANY  COURT,  TRIBUNAL,  OR  OTHER
JUDICIAL  OR  QUASI JUDICIAL BODY THAT IS NOT A RECOGNIZED COURT, TRIBU-
NAL, OR OTHER JUDICIAL OR QUASI JUDICIAL BODY, AS DEFINED IN SUBDIVISION
TWO OF SECTION 189.00 OF THE PENAL LAW.  ANY  SUCH  DOCUMENT  MISTAKENLY
FILED  OR  RECEIVED  FOR  FILING,  SHALL BE DEEMED TO HAVE NEVER BEEN SO
FILED OR RECEIVED FOR FILING, AND SHALL BE FURTHER DEEMED AS VOID  AS  A
MATTER  OF  LAW.  THE ATTORNEY GENERAL SHALL ANNUALLY PROVIDE ALL COUNTY
CLERKS WITH A COMPLETE LIST OF ALL  RECOGNIZED  COURTS,  TRIBUNALS,  AND
JUDICIAL  AND  QUASI JUDICIAL BODIES PURSUANT TO SECTION SIXTY-FIVE-A OF
THE EXECUTIVE LAW.
  S 6. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become  a  law;  provided,  however,
that  effective  immediately, the attorney general shall promulgate such
rules and regulations as shall be necessary for the  timely  implementa-
tion of the provisions of this act on its effective date.