senate Bill S8925

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 05, 2018 referred to rules

Co-Sponsors

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S8925 (ACTIVE) - Details

See Assembly Version of this Bill:
A11013
Current Committee:
Senate Rules
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:
S425, A2176

S8925 (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.

S8925 (ACTIVE) - Sponsor Memo

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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