NY State Senate Bill 2023-S5457

Current Bill Status - In Senate Committee Codes Committee

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to codes
Mar 06, 2023	referred to codes

2023-S5457 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Civil Rights Law
Laws Affected:: Add §29, Civ Rts L
Versions Introduced in 2021-2022 Legislative Session:: S6403

2023-S5457 (ACTIVE) - Summary

Protects people from civil arrest while within one thousand feet of a sensitive location, unless such civil arrest is supported by a judicial warrant or judicial order authorizing such civil arrest.

2023-S5457 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5457

SPONSOR: JACKSON
 
TITLE OF BILL:

An act to amend the civil rights law, in relation to protecting people
from civil arrest at certain locations

 
PURPOSE:

The purpose of the legislation is to provide continuity of access to
important locations in our communities without fear of immigration-re-
lated consequences.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new Section 29 to the Civil Rights Law that would
protect certain individuals from civil arrest while within 1,000 feet of
certain locations unless the civil arrest is supported by a judicial
warrant or judicial order issued by a state or federal judge from the
judiciary. An aggrieved individual and the Attorney General are author-
ized to bring a civil action to obtain equitable and declaratory relief

if they have reason to believe a violation of this provision has
occurred or may occur.

Locations where civil arrests may not occur are: (1) any medical or
health care facility; (2) all public and educational institutions; (3)
any scholastic or education-related activity or event; (4) locations
where emergency services providers provide shelter or food; (5)
locations of any organization that that assists children, pregnant
women, victims of crime or abuse, individuals with significant mental or
physical disabilities, provides disaster or emergency social services
and assistance, or services for individuals experiencing homelessness,
including food banks and shelters; (6) places of worship and sites of
funerals, weddings, or other religious ceremonies; and (7) any office of
a state or local elected official.

Section 2 is the severability clause.

Section 3 is the effective date.

 
JUSTIFICATION:

We live in an era where arms of the federal government can enact xeno-
phobic attacks on immigrants. Immigration and Customs Enforcement
("ICE") is a federal agency whose record of harassment towards immi-
grants can be tracked across the country and, in particular, our state's
vibrant immigrant communities and neighborhoods.

According to the Immigrant Defense Project ("IDP"), there has been an
1,700% increase in ICE courthouse arrests and attempted arrests in New
York State during the current federal administration)(1) Advocates
across the State called on the Legislature, the Governor, and the Office
of Court Administration ("OCA") to stop ICE from arresting immigrant New
Yorkers. Their work has borne important results.

In April 2019, OCA implemented rules protecting individuals from being
arrested by ICE without a judicial warrant or judicial order. In June
2020, Federal District Court Judge Jake Rakoff ruled that ICE's danger-
ous practice of courthouse arrests is illegal;(2) and in July 2020 the
Legislature passed the Protect Our Courts Act to prohibit ICE from
arresting individuals going to, remaining at, or coming from court.

This bill protects immigrants and their families in sensitive settings
outside of the courts, affirming the necessity to protect immigrants
from the malicious activities of ICE. ICE agents will not be permitted
to make arrests within 1,000 feet of certain locations unless they have
a warrant or judicial order issued by a judge in the judicial branch.
Locations would include healthcare facilities, all educational insti-
tutions, all school or education-related events, emergency shelters and
food providers, places of worship and religious ceremonies, and any
office of state or local elected officials.

 
LEGISLATIVE HISTORY:

2021-2022: S.6403 - Referred to Codes

 
STATE AND LOCAL FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.
(1)Immigrant Defense Project, Denied, Disappeared, and Deported: The
Toll of ICE Operations at New York's Courts in 2019
(https://www.immigrantdefenseprojectorg/wp-content/uploads/Denied-Disapp
eared-Deported-FINAL.pdf).
(2) New York v. U.S Immigration and Customs Enforcement et at, No.
19-cv-08876 JSR (S.D.N.Y. June 10, 2020).

2023-S5457 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5457
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 6, 2023
                                ___________
 
 Introduced  by  Sen. JACKSON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the civil rights law, in relation to  protecting  people
   from civil arrest at certain locations
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The civil rights law is amended by adding a new section  29
 to read as follows:
   § 29. CIVIL ARREST; CERTAIN LOCATIONS. 1. A PERSON SHALL BE PRIVILEGED
 FROM  CIVIL  ARREST  WHILE  WITHIN  ONE  THOUSAND  FEET  OF  A SENSITIVE
 LOCATION, 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,  BY  EXECUTING  AN
 ARREST  PROHIBITED  BY  SUBDIVISION  ONE  OF  THIS  SECTION OR WILLFULLY
 ASSISTING AN ARREST PROHIBITED  BY  SUBDIVISION  ONE  OF  THIS  SECTION;
 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
 THIS  SECTION,  AS  DESCRIBED  IN  SUBDIVISION  TWO  OF THIS SECTION 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 HAS OCCURRED OR MAY OCCUR.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09416-01-3

 S. 5457                             2
 
   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) "SENSITIVE LOCATION" MEANS:
   (I)  ANY  MEDICAL  TREATMENT  OR  HEALTH  CARE FACILITY, INCLUDING ANY
 HOSPITAL, DOCTOR'S OFFICE, ACCREDITED  HEALTH  CLINIC,  OR  EMERGENT  OR
 URGENT CARE FACILITY, OR COMMUNITY HEALTH CENTER;
   (II)  ALL  PUBLIC  AND  PRIVATE SCHOOLS, INCLUDING BUT NOT LIMITED TO,
 PRE-SCHOOLS, PRIMARY SCHOOLS, SECONDARY SCHOOLS, COLLEGES AND  UNIVERSI-
 TIES; SITES OF EARLY CHILDHOOD EDUCATION PROGRAMS; OTHER INSTITUTIONS OF
 LEARNING;  VOCATIONAL  AND TRADE SCHOOLS; AND OTHER SITES WHERE INDIVID-
 UALS WHO ARE UNEMPLOYED OR UNDEREMPLOYED MAY APPLY FOR OR RECEIVE  WORK-
 FORCE TRAINING;
   (III) ANY SCHOLASTIC OR EDUCATION-RELATED ACTIVITY OR EVENT, INCLUDING
 FIELD TRIPS AND INTERSCHOLASTIC EVENTS;
   (IV)  LOCATIONS  WHERE EMERGENCY SERVICES PROVIDERS PROVIDE SHELTER OR
 FOOD;
   (V) LOCATIONS OF ANY ORGANIZATION THAT:
   (A) ASSISTS CHILDREN, PREGNANT WOMEN, VICTIMS OF CRIME  OR  ABUSE,  OR
 INDIVIDUALS  WITH SIGNIFICANT MENTAL OR PHYSICAL DISABILITIES, INCLUDING
 DOMESTIC VIOLENCE SHELTERS, RAPE CRISIS CENTERS,  SUPERVISED  VISITATION
 CENTERS, FAMILY JUSTICE CENTERS, AND VICTIMS SERVICES PROVIDERS; OR
   (B)  PROVIDES DISASTER OR EMERGENCY SOCIAL SERVICES AND ASSISTANCE, OR
 SERVICES FOR  INDIVIDUALS  EXPERIENCING  HOMELESSNESS,  INCLUDING,  FOOD
 BANKS AND SHELTERS;
   (VI)  PLACES OF WORSHIP AND SITES OF FUNERALS, WEDDINGS OR OTHER RELI-
 GIOUS CEREMONIES; AND
   (VII) ANY OFFICE OF A STATE OR LOCAL ELECTED OFFICIAL; AND
   (C) "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. 5457                             3
 
   § 2. 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.
   § 3. This act shall take effect immediately.

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Senate Bill S5457

Sponsored By

Current Bill Status - In Senate Committee Codes Committee

2023-S5457 (ACTIVE) - Details

2023-S5457 (ACTIVE) - Summary

2023-S5457 (ACTIVE) - Sponsor Memo

2023-S5457 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5457

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Sponsored By

Robert Jackson

Current Bill Status - In Senate Committee Codes Committee

2023-S5457 (ACTIVE) - Details

2023-S5457 (ACTIVE) - Summary

2023-S5457 (ACTIVE) - Sponsor Memo

2023-S5457 (ACTIVE) - Bill Text download pdf

Comments