Assembly Actions -
Senate Actions - UPPERCASE
|Jun 05, 2018||
referred to rules
Senate Bill S8925
2017-2018 Legislative Session
Archive: Last Bill Status - In Senate Committee Rules Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2017-S8925 (ACTIVE) - Details
2017-S8925 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8925 SPONSOR: ALCANTARA TITLE OF BILL: 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 PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to facilitate continued access to the justice system and courts by all members of the community without fear of immigration-related consequences. SUMMARY OF PROVISIONS: Section one is the title of the bill. Section two would amend the Civil Rights Law to protect certain persons
2017-S8925 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8925 I N S E N A T E 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: 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: (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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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