The New York State Senate

                    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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15571-05-8

A. 11013--A                         2

  (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
VIOLATION  OF  SECTION  FOUR-A OF THE JUDICIARY LAW, HAS OCCURRED OR MAY
OCCUR; AND
  (B) THE ATTORNEY GENERAL MAY BRING A CIVIL ACTION IN THE NAME  OF  THE
PEOPLE  OF  THE  STATE  OF  NEW YORK TO OBTAIN APPROPRIATE EQUITABLE AND
DECLARATORY RELIEF IF THE  ATTORNEY  GENERAL  HAS  REASONABLE  CAUSE  TO
BELIEVE  THAT  A  VIOLATION  OF  SUBDIVISION  ONE  OF  THIS  SECTION, AS
DESCRIBED IN SUBDIVISION TWO OF THIS SECTION, OR A VIOLATION OF  SECTION
FOUR-A OF THE JUDICIARY LAW, HAS OCCURRED OR MAY OCCUR.
  4.  IN  ANY  SUCCESSFUL  ACTION  PURSUANT TO SUBDIVISION THREE OF THIS
SECTION, A PLAINTIFF OR PETITIONER  MAY  RECOVER  COSTS  AND  REASONABLE
ATTORNEY'S FEES.
  5. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO NARROW, OR IN ANY WAY
LESSEN,  ANY  COMMON  LAW OR OTHER RIGHT OR PRIVILEGE OF A PERSON PRIVI-
LEGED FROM ARREST PURSUANT TO THIS ARTICLE OR OTHERWISE.
  6. AS USED IN THIS SECTION:
  (A) "CIVIL ARREST" SHALL MEAN AN ARREST THAT IS NOT:
  (I) FOR THE SOLE OR PRIMARY PURPOSE OF PREPARING THE PERSON SUBJECT TO
SUCH ARREST FOR CRIMINAL PROSECUTION, FOR AN ALLEGED  VIOLATION  OF  THE
CRIMINAL LAW OF:
  (A)  THIS  STATE,  OR ANOTHER STATE, FOR WHICH A SENTENCE OF A TERM OF
IMPRISONMENT IS AUTHORIZED BY LAW; OR
  (B) THE UNITED STATES, FOR WHICH A SENTENCE OF A TERM OF  IMPRISONMENT
IS  AUTHORIZED  BY  LAW,  AND  FOR WHICH FEDERAL LAW REQUIRES AN INITIAL
APPEARANCE BEFORE A FEDERAL JUDGE, FEDERAL MAGISTRATE OR OTHER  JUDICIAL
OFFICER, PURSUANT TO THE FEDERAL RULES OF CRIMINAL PROCEDURE THAT GOVERN
INITIAL APPEARANCES; OR
  (II) FOR CONTEMPT OF THE COURT IN WHICH THE COURT PROCEEDING IS TAKING
PLACE OR WILL BE TAKING PLACE;
  (B)  "COURT  PROCEEDING"  SHALL MEAN ANY APPEARANCE IN A COURT OF THIS
STATE BEFORE A JUDGE OR JUSTICE OR JUDICIAL  MAGISTRATE  OF  THIS  STATE
ORDERED OR SCHEDULED BY SUCH JUDGE OR JUSTICE OR JUDICIAL MAGISTRATE, OR
THE  FILING  OF  PAPERS DESIGNED TO INITIATE SUCH AN APPEARANCE BEFORE A
JUDGE OR JUSTICE OR JUDICIAL MAGISTRATE OF THIS STATE;
  (C) "FAMILY OR HOUSEHOLD MEMBER" SHALL HAVE THE  SAME  MEANING  AS  IN
SUBDIVISION  TWO  OF  SECTION  FOUR  HUNDRED  FIFTY-NINE-A OF THE SOCIAL
SERVICES LAW; AND
  (D) "JUDICIAL WARRANT OR JUDICIAL ORDER AUTHORIZING SUCH CIVIL ARREST"
MEANS AN ARREST WARRANT OR OTHER JUDICIAL ORDER, ISSUED BY A  MAGISTRATE
SITTING  IN THE JUDICIAL BRANCH OF A LOCAL OR STATE GOVERNMENT OR OF THE
FEDERAL GOVERNMENT, AUTHORIZING A CIVIL ARREST AND ISSUED BY  THE  COURT
IN WHICH PROCEEDINGS FOLLOWING SUCH ARREST WILL BE HEARD AND DETERMINED.
  §  3. The judiciary law is amended by adding a new section 4-a to read
as follows:
  § 4-A. CERTAIN POWERS OF THE COURTS REGARDING CIVIL ARRESTS. IN  ORDER
TO  MAINTAIN  ACCESS  TO THE COURT AND OPEN JUDICIAL PROCEEDINGS FOR ALL
PERSONS IN THEIR INDIVIDUAL CAPACITY AND TO  PREVENT  INTERFERENCE  WITH
THE  NEEDS  OF  JUDICIAL  ADMINISTRATION, A COURT HAS THE POWER TO ISSUE
APPROPRIATE JUDICIAL ORDERS TO PROTECT THE PRIVILEGE FROM CIVIL  ARREST,
IN ACCORDANCE WITH ARTICLE THREE OF THE CIVIL RIGHTS LAW.
  §  4.  Subdivision 2 of section 212 of the judiciary law is amended by
adding a new paragraph (w) to read as follows:

A. 11013--A                         3

  (W) (I) IN ORDER TO MAINTAIN ACCESS TO THE  COURT  AND  OPEN  JUDICIAL
PROCEEDINGS  FOR ALL PERSONS IN THEIR INDIVIDUAL CAPACITY AND TO PREVENT
INTERFERENCE WITH THE NEEDS OF JUDICIAL ADMINISTRATION, CONSISTENT  WITH
SECTION  TWENTY-EIGHT OF THE CIVIL RIGHTS LAW AND SECTION FOUR-A OF THIS
CHAPTER, DIRECT THAT COURT PERSONNEL RESPONSIBLE FOR ALL COURTHOUSES AND
THE  PLACES OF ALL COURT PROCEEDINGS IN THE STATE SHALL NOT ALLOW ACCESS
TO SUCH COURTHOUSES AND PLACES OF COURT  PROCEEDINGS  TO  NON-LOCAL  LAW
ENFORCEMENT  PERSONNEL  SEEKING  TO ENTER SUCH LOCATIONS WITH RESPECT TO
VIOLATION OR VIOLATIONS OF FEDERAL IMMIGRATION LAW UNLESS PRESENTED WITH
A VALID JUDICIAL WARRANT OR JUDICIAL ORDER, AND  DESIGNATED  COUNSEL  OF
THE  UNIFIED  COURT  SYSTEM  HAS  INDIVIDUALLY REVIEWED AND CONFIRMED IN
WRITING THE AUTHENTICITY OF SUCH JUDICIAL  WARRANT  OR  JUDICIAL  ORDER.
NON-LOCAL  LAW  ENFORCEMENT  PERSONNEL  SEEKING TO ENTER SUCH A LOCATION
WITH RESPECT TO VIOLATION OR VIOLATIONS OF FEDERAL IMMIGRATION LAW SHALL
IDENTIFY THEMSELVES AND SUCH PURPOSE, AND PRESENT SUCH JUDICIAL  WARRANT
OR  JUDICIAL ORDER TO SUCH RESPONSIBLE COURT PERSONNEL WHEN SEEKING SUCH
ACCESS. THE CHIEF ADMINISTRATOR SHALL PROMULGATE RULES  CONSISTENT  WITH
THIS SUBDIVISION DESIGNED TO IMPLEMENT THE PROVISIONS OF THIS PARAGRAPH.
  (II)  SUCH  RULES  SHALL  ALSO  REQUIRE  THAT  A COPY OF EACH JUDICIAL
WARRANT AND   JUDICIAL ORDER  REVIEWED  BY  DESIGNATED  COUNSEL  OF  THE
UNIFIED COURT SYSTEM UNDER THIS PARAGRAPH BE SENT TO AND MAINTAINED IN A
CENTRAL  REPOSITORY  BY  THE CHIEF ADMINISTRATOR, WHO SHALL ON AN ANNUAL
BASIS COMPILE STATISTICS DISAGGREGATED BY  COUNTY AND PREPARE  A  REPORT
OF  SUCH  STATISTICS,  AND  ALSO  IDENTIFY IN SUCH REPORT, FOR EACH SUCH
JUDICIAL WARRANT AND JUDICIAL ORDER, THE DATE SUCH JUDICIAL  WARRANT  OR
JUDICIAL  ORDER  WAS SIGNED, THE JUDGE AND COURT WHICH ISSUED SUCH JUDI-
CIAL WARRANT OR JUDICIAL ORDER AND THE LOCATION OF SUCH COURT  AS  SHOWN
BY  SUCH DOCUMENT, THE  DATE SUCH JUDICIAL WARRANT OR JUDICIAL ORDER WAS
PRESENTED TO COUNSEL FOR THE  UNIFIED COURT SYSTEM, A DESCRIPTION OF THE
TYPE OF JUDICIAL WARRANT OR JUDICIAL ORDER AND, TO THE EXTENT  KNOWN  TO
COURT  PERSONNEL,  WHETHER  OR  NOT AN ARREST OCCURRED  AND THE DATE AND
LOCATION OF SUCH ARREST. SUCH REPORT, WHICH SHALL NOT INCLUDE THE  NAMES
OF INDIVIDUALS INVOLVED, SHALL  BE  PUBLISHED  ON  THE  WEBSITE  OF  THE
UNIFIED  COURT  SYSTEM  AND  COPIES  OF SUCH REPORT SHALL BE SENT TO THE
GOVERNOR, THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE
SENATE.
  (III) FOR PURPOSES  OF  THIS  PARAGRAPH,  "NON-LOCAL  LAW  ENFORCEMENT
PERSONNEL"  SHALL MEAN A PERSON OR PERSONS EMPLOYED OR RETAINED BY A LAW
ENFORCEMENT AGENCY: (A) OF A JURISDICTION OTHER THAN THE  STATE  OF  NEW
YORK OR A LOCAL GOVERNMENT IN THE STATE OF NEW YORK; OR (B) OF THE STATE
OF  NEW  YORK OR A LOCAL GOVERNMENT IN THE STATE OF NEW YORK, WHERE SUCH
LAW ENFORCEMENT AGENCY OR EMPLOYEE OR AGENT THEREOF HAS ENTERED INTO  AN
AGREEMENT  WITH  A  FEDERAL  LAW  ENFORCEMENT  AGENCY, INCLUDING BUT NOT
LIMITED TO PURSUANT TO 8 U.S.C. 1373, AUTHORIZING IT OR SUCH  PERSON  TO
ENFORCE OR ASSIST IN THE ENFORCEMENT OF FEDERAL IMMIGRATION LAW.
  § 5. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or  part  of  this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included herein.
  § 6. This act shall take effect immediately.