Senate Bill S7405

                                
 
BILL NUMBER: S7405

SPONSOR: HAMILTON
 
TITLE OF BILL:  An act to amend the judiciary law, in relation to the
presence of local, state or federal agents upon the premises of a court
of record

 
PURPOSE:

This bill requires any local, state or federal agent who enters any
court for the purpose of performing an enforcement action or civil
arrest to identify themselves to either court officers and or court
personnel who will the notify presiding judge or court administrator of
their proposed actions. The court shall then notify all parties to
action of the presence of the enforcement officers

 
SUMMARY OF PROVISIONS:

Section 1: Amends Section 2-c of the Judiciary Law to require any offi-
cer who enters a New York state court for effecting an arrest to notify
the court of their presence and reason for being there. The court after
              

inquiring about the reason for the action, shall inform all parties of
the presence of the officers and the desire to enforce a warrant. No
agent may conduct a civil action upon the premise of any court unless
they possess a valid warrant for taking a person on court property.

 
EXISTING LAW:

Under current law, New York does not require the notification of any
court personnel when agents enter a court facility to enforce a warrant.

 
JUSTIFICATION:

This proposed piece of legislation is a restorative measure in upholding
the integrity and respect of the New York court system. New York does
not require the notification of any court personnel when agents enter a
court facility to enforce a warrants and the result is a breach of trust
and confidentiality. Agents entering a court should identify themselves
and inform court personnel that they are on duty to enforce a warrant.
It shows lack of respect for the courts of New York and blatant disre-
spect to the entire judiciary. Press reports have highlighted examples
where ICE agents directly disregard orders from our judges while inside
New York courthouses. Other news sources have raised questions regarding
unlawful warrant executions, denying defendant's from access to their
lawyer and unlawful questioning. By requiring ICE and other agencies to
identify themselves to the court before executing warrants, allows the
proper legal steps to take place to avoid any injustice. This works to
ensure the rights of all defendants entering courtrooms in New York and
allows for transparency on agencies that may attempt to execute warrants
unlawfully.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

Not applicable

 
LOCAL FISCAL IMPLICATIONS:

Not applicable

 
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date after it shall have become a law.