senate Bill S425

2019-2020 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

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Sponsored By

Current Bill Status - In Senate Committee Codes 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
Jan 09, 2019 referred to codes

Co-Sponsors

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S425 (ACTIVE) - Details

See Assembly Version of this Bill:
A2176
Current Committee:
Senate Codes
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 (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.

S425 (ACTIVE) - Sponsor Memo

S425 (ACTIVE) - 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

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