The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2176--A
                                                         Cal. No. 484
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 Introduced   by   M.   of   A.   SOLAGES,   CRESPO,   PICHARDO,  LENTOL,
   PEOPLES-STOKES, BICHOTTE, NIOU, BARRON, DAVILA,  DE LA ROSA,  DICKENS,
   EPSTEIN,  FERNANDEZ,  HEVESI,  HYNDMAN,  JAFFEE,  JEAN-PIERRE, MOSLEY,
   O'DONNELL, PRETLOW, RAMOS, ROZIC, SEAWRIGHT, WEPRIN, WILLIAMS, WRIGHT,
   LAVINE, KIM, GOTTFRIED, D'URSO, PERRY,  JOYNER,  ORTIZ,  FAHY,  SIMON,
   BUCHWALD,  LIFTON,  ARROYO, GLICK, L. ROSENTHAL, TAYLOR, CAHILL, COOK,
   RIVERA, OTIS, PAULIN,  SIMOTAS,  CRUZ,  CARROLL,  LUPARDO,  DenDEKKER,
   STIRPE,  RICHARDSON,  JACOBSON, BUTTENSCHON, QUART, ZEBROWSKI, COLTON,
   GALEF, FALL, DINOWITZ, SAYEGH, BRONSON, RAYNOR, BLAKE,  REYES,  VANEL,
   WALKER, NOLAN, TITUS, AUBRY -- read once and referred to the Committee
   on  Codes  --  reported  from  committee, advanced to a third reading,
   amended and ordered reprinted, retaining its place  on  the  order  of
   third reading
 
 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.

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

                                                            LBD05356-09-9

 A. 2176--A                          2
 
   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 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, OR  ANY
 UNIFIED COURT SYSTEM PERSONNEL ACTING LAWFULLY PURSUANT TO THEIR DUTY TO
 MAINTAIN SAFETY AND ORDER IN THE COURTS.
   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
 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

 A. 2176--A                          3
 
 FEDERAL  GOVERNMENT,  AUTHORIZING A CIVIL ARREST AND ISSUED BY THE COURT
 IN WHICH PROCEEDINGS FOLLOWING SUCH ARREST WILL BE HEARD AND DETERMINED.
   7.  NO  ACTION OR PROCEEDING MAY BE COMMENCED PURSUANT TO THIS SECTION
 AGAINST THE UNIFIED COURT SYSTEM OR ANY UNIFIED COURT  SYSTEM  PERSONNEL
 ACTING  LAWFULLY  PURSUANT TO THEIR DUTY TO MAINTAIN SAFETY AND ORDER IN
 THE COURTS.
   § 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 (aa) to read as follows:
   (AA)  (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, SHALL PROMULGATE RULES TO ENSURE THE FOLLOWING:
   (A)  ANY  REPRESENTATIVE OF A LAW ENFORCEMENT AGENCY WHO, WHILE ACTING
 IN AN OFFICIAL CAPACITY, ENTERS A NEW YORK STATE COURTHOUSE INTENDING TO
 OBSERVE AN INDIVIDUAL OR TAKE AN INDIVIDUAL INTO CUSTODY SHALL  IDENTIFY
 HIMSELF  OR  HERSELF  TO  UNIFORMED COURT PERSONNEL AND STATE HIS OR HER
 SPECIFIC LAW ENFORCEMENT PURPOSE AND THE PROPOSED ENFORCEMENT ACTION  TO
 BE  TAKEN; ANY SUCH REPRESENTATIVE WHO HAS A WARRANT OR ORDER CONCERNING
 SUCH INTENDED ARREST SHALL PROVIDE A COPY OF SUCH WARRANT  OR  ORDER  TO
 SUCH COURT PERSONNEL;
   (B)  ANY  SUCH  WARRANT  OR ORDER CONCERNING SUCH INTENDED ENFORCEMENT
 ACTION SHALL BE PROMPTLY REVIEWED BY A JUDGE OR COURT ATTORNEY;
   (C) INFORMATION ABOUT ANY SUCH PROPOSED ENFORCEMENT  ACTION  SHALL  BE
 TRANSMITTED  TO  AND  REVIEWED  BY  APPROPRIATE  COURT SYSTEM PERSONNEL,
 INCLUDING THE JUDGE PRESIDING OVER ANY CASE  INVOLVING  THE  SUBJECT  OF
 THAT ENFORCEMENT ACTION;
   (D)  EXCEPT IN EXTRAORDINARY CIRCUMSTANCES, NO ARREST MAY BE MADE BY A
 REPRESENTATIVE OF A LAW ENFORCEMENT AGENCY IN A COURTROOM  ABSENT  LEAVE
 OF THE COURT;
   (E)  NO  CIVIL ARREST SHALL BE EXECUTED INSIDE A NEW YORK STATE COURT-
 HOUSE EXCEPT PURSUANT TO A JUDICIAL WARRANT OR JUDICIAL ORDER  AUTHORIZ-
 ING THE ARREST;
   (F)  AN  UNUSUAL  OCCURRENCE  REPORT  SHALL  BE  FILED BY COURT SYSTEM
 PERSONNEL FOR EVERY ENFORCEMENT  ACTION  TAKEN  INSIDE  THE  COURTHOUSE,
 INCLUDING  THE OBSERVATION OF COURT PROCEEDINGS BY A REPRESENTATIVE OF A
 LAW ENFORCEMENT AGENCY ACTING IN SUCH PERSON'S OFFICIAL CAPACITY; AND
   (G) COPIES OF ALL JUDICIAL WARRANTS AND JUDICIAL ORDERS AUTHORIZING AN
 ARREST AND PROVIDED TO COURT PERSONNEL PURSUANT TO  THIS  PARAGRAPH  AND
 THE RULES PROMULGATED THEREUNDER SHALL BE MAINTAINED BY THE CHIEF ADMIN-
 ISTRATOR  IN A CENTRAL RECORD REPOSITORY, APPROPRIATELY INDEXED OR FILED
 ALPHABETICALLY BY NAME.
   (II) THE CHIEF ADMINISTRATOR SHALL PUBLISH ON THE UNIFIED COURT SYSTEM
 WEBSITE AND PROVIDE TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY AND THE
 TEMPORARY PRESIDENT OF THE SENATE AN ANNUAL REPORT COMPILING STATISTICS,
 AGGREGATED BY COUNTY, SETTING FORTH THE DATE EACH SUCH JUDICIAL  WARRANT
 OR  JUDICIAL  ORDER  WAS  SIGNED,  THE JUDGE AND COURT WHICH ISSUED SUCH
 JUDICIAL WARRANT OR JUDICIAL ORDER AND THE LOCATION  OF  SUCH  COURT  AS

 A. 2176--A                          4
 
 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 WITH RESPECT TO
 SUCH WARRANT AND THE DATE AND SPECIFIC LOCATION OF SUCH ARREST.
   § 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.