assembly Bill A11013A

2017-2018 Legislative Session

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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Archive: Last Bill Status - On Floor Calendar


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 13, 2018 ordered to third reading rules cal.202
rules report cal.202
reported
Jun 05, 2018 reported referred to rules
Jun 01, 2018 print number 11013a
Jun 01, 2018 amend and recommit to codes
May 30, 2018 referred to codes

Co-Sponsors

view additional co-sponsors

A11013 (ACTIVE) - Details

See Senate Version of this Bill:
S8925
Law Section:
Civil Rights Law
Laws Affected:
Add §28, Civ Rts L; add §4-a, amd §212, Judy L
Versions Introduced in 2019-2020 Legislative Session:
A2176, S425

A11013 (ACTIVE) - Summary

Exempts certain interested parties or people from civil arrest while going to, remaining at, or returning from the place of such court proceeding.

A11013 (ACTIVE) - Bill Text download pdf


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

                                  11013

                          I N  A S S E M B L Y

                              May 30, 2018
                               ___________

Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Solages) --
  read once and referred to the Committee on Codes

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:

  Section 1. The civil rights law is amended by adding a new section  28
to read as follows:
  §  28.  CIVIL  ARREST; CERTAIN LOCATIONS. 1. A PERSON DULY AND IN GOOD
FAITH ATTENDING A COURT PROCEEDING IN WHICH SUCH PERSON IS  A  PARTY  OR
POTENTIAL  WITNESS, OR A FAMILY OR HOUSEHOLD MEMBER IS A PARTY OR POTEN-
TIAL WITNESS, IS PRIVILEGED FROM CIVIL ARREST WHILE GOING TO,  REMAINING
AT,  AND RETURNING FROM, THE PLACE OF SUCH COURT PROCEEDING, UNLESS SUCH
CIVIL ARREST IS SUPPORTED  BY  A  JUDICIAL  WARRANT  OR  JUDICIAL  ORDER
AUTHORIZING SUCH CIVIL ARREST.
  2. IT IS A CONTEMPT OF THE COURT AND FALSE IMPRISONMENT FOR ANY PERSON
TO WILLFULLY VIOLATE SUBDIVISION ONE OF THIS SECTION, OR AN ORDER OF THE
COURT ISSUED PURSUANT TO SECTION FOUR-A OF THE JUDICIARY LAW, BY EXECUT-
ING  AN  ARREST PROHIBITED BY SUBDIVISION ONE OF THIS SECTION OR SECTION
FOUR-A OF THE JUDICIARY LAW, OR WILLFULLY ASSISTING OR WILLFULLY FACILI-
TATING AN ARREST PROHIBITED  BY  SUBDIVISION  ONE  OF  THIS  SECTION  OR
SECTION  FOUR-A OF THE JUDICIARY LAW; PROVIDED, HOWEVER, THAT NOTHING IN
THIS SUBDIVISION SHALL AFFECT ANY RIGHT OR DEFENSE OF ANY PERSON, POLICE
OFFICER, PEACE OFFICER OR PUBLIC OFFICER PURSUANT TO ARTICLE THIRTY-FIVE
OF THE PENAL LAW.
  3. REGARDLESS OF WHETHER A PROCEEDING FOR CONTEMPT OF THE COURT PURSU-
ANT TO SUBDIVISION TWO OF THIS SECTION HAS BEEN INITIATED:
  (A) A PERSON DESCRIBED IN SUBDIVISION ONE OF THIS SECTION MAY BRING  A
CIVIL  ACTION  FOR  APPROPRIATE EQUITABLE AND DECLARATORY RELIEF IF SUCH
PERSON HAS REASONABLE CAUSE TO BELIEVE A VIOLATION OF SUBDIVISION ONE OF
THIS SECTION, AS DESCRIBED IN SUBDIVISION TWO  OF  THIS  SECTION,  OR  A

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

Co-Sponsors

view additional co-sponsors

A11013A (ACTIVE) - Details

See Senate Version of this Bill:
S8925
Law Section:
Civil Rights Law
Laws Affected:
Add §28, Civ Rts L; add §4-a, amd §212, Judy L
Versions Introduced in 2019-2020 Legislative Session:
A2176, S425

A11013A (ACTIVE) - Summary

Exempts certain interested parties or people from civil arrest while going to, remaining at, or returning from the place of such court proceeding.

A11013A (ACTIVE) - Bill Text download pdf


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

                                11013--A

                          I N  A S S E M B L Y

                              May 30, 2018
                               ___________

Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Solages,
  Crespo, Kim, Niou, Barron, Davila, De La Rosa, Dickens, Epstein, Espi-
  nal, Fernandez, Hevesi, Hyndman, Jaffee, Jean-Pierre, Lentol,  Mosley,
  O'Donnell,   Pichardo,   Pretlow,  Ramos,  Rozic,  Seawright,  Weprin,
  Williams, Wright, Lavine, Gottfried) -- read once and referred to  the
  Committee  on  Codes  --  committee  discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

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:

  Section 1. This act shall be known and may be cited  as  the  "protect
our courts act".
  §  2.  The  civil  rights law is amended by adding a new section 28 to
read as follows:
  § 28. CIVIL ARREST; CERTAIN LOCATIONS. 1. A PERSON DULY  AND  IN  GOOD
FAITH  ATTENDING  A  COURT PROCEEDING IN WHICH SUCH PERSON IS A PARTY OR
POTENTIAL WITNESS, OR A FAMILY OR HOUSEHOLD MEMBER IS A PARTY OR  POTEN-
TIAL  WITNESS, IS PRIVILEGED FROM CIVIL ARREST WHILE GOING TO, REMAINING
AT, AND RETURNING FROM, THE PLACE OF SUCH COURT PROCEEDING, UNLESS  SUCH
CIVIL  ARREST  IS  SUPPORTED  BY  A  JUDICIAL  WARRANT OR JUDICIAL ORDER
AUTHORIZING SUCH CIVIL ARREST.
  2. IT IS A CONTEMPT OF THE COURT AND FALSE IMPRISONMENT FOR ANY PERSON
TO WILLFULLY VIOLATE SUBDIVISION ONE OF THIS SECTION, OR AN ORDER OF THE
COURT ISSUED PURSUANT TO SECTION FOUR-A OF THE JUDICIARY LAW, BY EXECUT-
ING AN ARREST PROHIBITED BY SUBDIVISION ONE OF THIS SECTION  OR  SECTION
FOUR-A OF THE JUDICIARY LAW, OR WILLFULLY ASSISTING OR WILLFULLY FACILI-
TATING  AN  ARREST  PROHIBITED  BY  SUBDIVISION  ONE  OF THIS SECTION OR
SECTION FOUR-A OF THE JUDICIARY LAW; PROVIDED, HOWEVER, THAT NOTHING  IN
THIS SUBDIVISION SHALL AFFECT ANY RIGHT OR DEFENSE OF ANY PERSON, POLICE
OFFICER, PEACE OFFICER OR PUBLIC OFFICER PURSUANT TO ARTICLE THIRTY-FIVE
OF THE PENAL LAW.
  3. REGARDLESS OF WHETHER A PROCEEDING FOR CONTEMPT OF THE COURT PURSU-
ANT TO SUBDIVISION TWO OF THIS SECTION HAS BEEN INITIATED:

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