NY State Senate Bill S8925

Archive: Last Bill Status - In Senate Committee Rules Committee

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

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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

 
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

from civil arrest when going to, remaining at, or returning from a court
appearance or proceeding unless a specific judicial warrant or judicial
order authorizing such arrest has been issued.  This section provides
that a civil court action may be brought by the individual or the attor-
ney general to address an alleged violation of this provision. This
provision is in addition to the general protections from civil arrest
found in Article Three of the Civil Rights Law, in any other law, and
available under common law.

Section three would amend the Judiciary Law to allow courts to issue
orders designed to protect the prohibition on such civil arrests.

Section four would amend the Judiciary Law to provide that non-local law
enforcement officials seeking to enter a courthouse with respect to an
alleged violation or violations of federal immigration law would be
required to identify themselves and such purpose. Counsel for the
unified court system would be required to review any judicial warrant or
judicial order presented to assure its authenticity before allowing
entry of the officer intending to effect such an immigration-related
arrest.

Section five contains a severability clause. Section six is the effec-
tive date.

 
JUSTIFICATION:

Article Three of the Civil Rights Law, "Privilege From Arrest," dates
back to the early part of the last century. Most of these provisions of
the Civil Rights Law were enacted in 1909 (e.g., § 22 ("Privileges of
officers and prisoners from arrest while passing through another coun-
ty"); § 23 ("No person to be arrested in civil proceedings without asta-
tutory provision); § 25 ("Witness exempt from arrest")).  While such
provisions have been effective to protect the integrity and needs of the
court system in certain circumstances, certain modern practices make an
updated, supplementary statute necessary.  Changes by federal agencies
regarding the enforcement of federal immigration law have instilled
significant fear in immigrant communities across New York State. In
particular, the use of court calendars and courthouses as a means of
locating allegedly undocumented individuals has soared, leaving many
immigrants, documented and undocumented, afraid to access the justice
system or respond to court summonses for fear of potentially life-chang-
ing immigration-related repercussions. This trend has a potentially
damaging impact on all New Yorkers, not just immigrant communities, as
the operation of our judicial system and public safety are undermined.

Domestic violence victims - whether documented individuals or not - need
access to our civil justice system, for orders of protection and similar
relief. An entire family may be gravely impacted if a tenant is afraid
to enter the courthouse and respond to a landlord's court petition.
Justice to other persons is denied when an immigrant - documented or not
- refuses to come to court to testify as a victim or witness. It serves
neither justice nor public safety when fear of a civil arrest deters a
defendant charged with a traffic infraction, or a more serious crime,
from attending a scheduled court appearance in the case.

According to the Immigrant Defense Project, from 2016 to 2017, arrests
by federal Immigration and Customs Enforcement ("ICE") agents at court-
houses in New York State increased by 1200%. Fear of being targeted,
either due to a lack of legal immigration status or concern about the
uncertain status of a family member, have dissuaded many individuals
from contacting law enforcement or following through with court
proceedings. District attorneys and legal representatives, in New York
and elsewhere, have expressed frustration and concern regarding their
ability to prosecute cases, as victims and witnesses are sometimes too
afraid to attend the proceedings. This inability of law enforcement and
the legal community to work effectively with immigrant communities and
individuals has potentially severe consequences for public safety, as
the justice system is handicapped by the unwillingness of victims,
witnesses, tenants and others to come forward and enter the courthouse.

As fewer individuals feel safe interacting with the justice system,
fearing potential implications for themselves, friends or family, it
becomes all the more challenging to promote public safety. It is imper-
ative that we ensure that all members of our community feel safe access-
ing New York's court system.

This bill would make a modest change to clarify and update New York's
century-old prohibition on certain courthouse arrests (Civil Rights Law
Art. 3). The bill would allow arrest for an immigration offense based on
a judicial arrest warrant or judicial order, signed by a judge of anoth-
er jurisdiction who is authorized to order such arrest.  However, an
immigration - related courthouse arrest based on an administrative
warrant, or without a warrant, would not be permitted.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None expected.

 
EFFECTIVE DATE:
This bill would take effect immediately.

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

                      [ ] is old law to be omitted.
                                                           LBD15571-06-8

S. 8925                             2

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:
  (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

S. 8925                             3

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.

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The New York State Senate

senate Bill S8925

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

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Co-Sponsors

S8925 (ACTIVE) - Details

S8925 (ACTIVE) - Summary

S8925 (ACTIVE) - Sponsor Memo

S8925 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S8925

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Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Your Voice

Actions

Co-Sponsors

S8925 (ACTIVE) - Details

S8925 (ACTIVE) - Summary

S8925 (ACTIVE) - Sponsor Memo

S8925 (ACTIVE) - Bill Text download pdf

Comments