NY State Senate Bill S425A

Archive: Last Bill Status Via A2176 - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (13)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 15, 2020	signed chap.322
Dec 03, 2020	delivered to governor
Jul 22, 2020	returned to assembly passed senate 3rd reading cal.759 substituted for s425a
Jul 22, 2020	substituted by a2176a
Jul 21, 2020	ordered to third reading cal.759
Jul 20, 2020	reported and committed to rules
Jan 08, 2020	referred to codes
Jun 11, 2019	print number 425a
Jun 11, 2019	amend and recommit to codes
Jan 09, 2019	referred to codes

Votes

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

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S425 - Details

See Assembly Version of this Bill:: A2176
Law Section:: Civil Rights Law
Laws Affected:: Add §28, Civ Rts L; add §4-a, amd §212, Judy L
Versions Introduced in 2017-2018 Legislative Session:: S8925, A11013

S425 - Summary

Exempts certain interested parties or people from civil arrest while going to, remaining at, or returning from the place of such court proceeding.

S425 - Sponsor Memo

 
BILL NUMBER: S425

SPONSOR: HOYLMAN
 
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 a
statutory 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 adminis-
trative warrant, or without a warrant, would not be permitted.

 
PRIOR LEGISLATIVE HISTORY:

2018: S.8925 (Alcantara) - Died in Rules

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None expected.

 
EFFECTIVE DATE:
This bill would take effect immediately.

S425 - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   425

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2019
                               ___________

Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05356-01-9

S. 425                              2

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 (x) to read as follows:
  (X)  (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

S. 425                              3

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.

Co-Sponsors

view additional co-sponsors

S425A (ACTIVE) - Details

See Assembly Version of this Bill:: A2176
Law Section:: Civil Rights Law
Laws Affected:: Add §28, Civ Rts L; add §4-a, amd §212, Judy L
Versions Introduced in 2017-2018 Legislative Session:: S8925, A11013

S425A (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.

S425A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S425A

SPONSOR: HOYLMAN
 
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 direct the Office of Court
Administration to promulgate rules to ensure that, among other things:
any representatives of a law enforcement agency acting in their official
capacity shall identify themselves And their specific law enforcement
purpose and proposed enforcement action when entering a New York State
courthouse intending to observe an individual or take an individual into
custody; except in extraordinary circumstances, that no arrest may be
made in a courtroom absent leave of the court; and that no civil arrest
shall be executed inside a New York State courthouse except pursuant to
a judicial warrant or order.

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 a
statutory 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 adminis-
trative warrant, or without a warrant, would not be permitted.

 
PRIOR LEGISLATIVE HISTORY:

2018: S.8925 (Alcantara) - Died in Rules

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None expected.

 
EFFECTIVE DATE:
This bill would take effect immediately.

S425A (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 425--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2019
                               ___________

Introduced   by  Sens.  HOYLMAN,  BENJAMIN,  BIAGGI,  COMRIE,  GIANARIS,
  GOUNARDES, JACKSON, KAPLAN, KAVANAGH, KRUEGER, LIU, MONTGOMERY, MYRIE,
  PARKER, PERSAUD, RAMOS, RIVERA, SALAZAR, SEPULVEDA, SERRANO, STAVISKY,
  THOMAS -- read twice and ordered  printed,  and  when  printed  to  be
  committed  to  the  Committee  on  Codes -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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 AN ARREST PROHIBITED
BY SUBDIVISION ONE OF THIS SECTION OR SECTION FOUR-A  OF  THE  JUDICIARY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD05356-08-9

S. 425--A                           2

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
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.

S. 425--A                           3

  §  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
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.

S. 425--A                           4

  § 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 S425A

Sponsored By

Archive: Last Bill Status Via A2176 - Signed by Governor

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Votes

Jul 22, 2020 - floor Vote

Floor Vote: Jul 22, 2020

Jul 21, 2020 - Rules committee Vote

Rules Committee Vote: Jul 21, 2020

Bill Amendments

Co-Sponsors

S425 - Details

S425 - Summary

S425 - Sponsor Memo

S425 - Bill Text download pdf

Co-Sponsors

S425A (ACTIVE) - Details

S425A (ACTIVE) - Summary

S425A (ACTIVE) - Sponsor Memo

S425A (ACTIVE) - Bill Text download pdf

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senate Bill S425A

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Sponsored By

Archive: Last Bill Status Via A2176 - Signed by Governor

Your Voice

Actions

Votes

Jul 22, 2020 - floor Vote

Floor Vote: Jul 22, 2020

Jul 21, 2020 - Rules committee Vote

Rules Committee Vote: Jul 21, 2020

Bill Amendments

Co-Sponsors

S425 - Details

S425 - Summary

S425 - Sponsor Memo

S425 - Bill Text download pdf

Co-Sponsors

S425A (ACTIVE) - Details

S425A (ACTIVE) - Summary

S425A (ACTIVE) - Sponsor Memo

S425A (ACTIVE) - Bill Text download pdf

Comments