Assembly Bill A7859

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7859
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 11, 2025
                                ___________
 
 Introduced  by  M.  of A. DE LOS SANTOS -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the civil rights law, in relation to  prohibiting  civil
   arrest in hospitals, shelters, food banks and crisis centers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Short title. This act shall be known and may  be  cited  as
 the "ICE ban in hospitals and shelters act".
   §  2.  The  civil  rights law is amended by adding a new section 29 to
 read as follows:
   § 29. CIVIL ARREST;  PROTECTION  IN  CERTAIN  SETTINGS.  1.  A  PERSON
 ATTENDING,  EMPLOYED  AT,  OR  OTHERWISE LAWFULLY PRESENT AT A HOSPITAL,
 SHELTER, FOOD BANK AND CRISIS CENTER, IS PRIVILEGED  FROM  CIVIL  ARREST
 WHILE AT SUCH PREMISES.
   2.  NO  CIVIL ARREST SHALL BE EXECUTED ON HOSPITAL, SHELTER, FOOD BANK
 OR CRISIS CENTER PREMISES UNLESS SUPPORTED BY A JUDICIAL WARRANT AUTHOR-
 IZING SUCH AN ARREST OR DETAINMENT.
   3. NO OTHER DOCUMENT SHALL BE SUFFICIENT  FOR  THE  EXECUTION  OF  ANY
 CIVIL  ARREST INCLUDING AN ADMINISTRATIVE WARRANT OR IMMIGRATION DETAIN-
 ER.
   4. IT SHALL BE CONSIDERED UNLAWFUL AND CONSTITUTE  FALSE  IMPRISONMENT
 FOR ANY PERSON TO WILLFULLY VIOLATE THIS SECTION BY EXECUTING OR ASSIST-
 ING IN AN ARREST PROHIBITED UNDER THIS SECTION.
   5.  A  PERSON WHOSE RIGHTS UNDER THIS SECTION ARE VIOLATED MAY BRING A
 CIVIL ACTION FOR EQUITABLE AND  DECLARATORY  RELIEF.  ADDITIONALLY,  THE
 ATTORNEY  GENERAL  MAY  BRING A CIVIL ACTION IN THE NAME OF THE STATE TO
 ENFORCE COMPLIANCE.
   6. ANY SUCCESSFUL ACTION PURSUANT TO THIS SECTION MAY  RESULT  IN  THE
 RECOVERY OF COSTS AND REASONABLE ATTORNEY'S FEES.
   7. AS USED IN THIS SECTION:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11435-01-5
 A. 7859                             2
              

 
   (A)  "JUDICIAL WARRANT OR ORDER" SHALL MEAN A WARRANT OR ORDER THAT IS
 SIGNED BY A UNITED STATES DISTRICT JUDGE OR FEDERAL MAGISTRATE JUDGE AND
 DEMONSTRATES PROBABLE CAUSE TO BELIEVE AN  INDIVIDUAL  HAS  COMMITTED  A
 CRIME OR OFFENSE.
   (B) "ADMINISTRATIVE WARRANT" SHALL MEAN A WARRANT THAT IS PREPARED AND
 ISSUED  BY FEDERAL IMMIGRATION AUTHORITIES AND DIRECTS FEDERAL OFFICIALS
 TO ARREST A NONCITIZEN FOR REMOVAL OR REMOVAL PROCEEDINGS.
   (C) "IMMIGRATION DETAINER" SHALL MEAN A REQUEST, TYPICALLY  ISSUED  BY
 FEDERAL  IMMIGRATION  AUTHORITIES  TO LOCAL LAW ENFORCEMENT AGENCIES, TO
 KEEP AN INDIVIDUAL IN CUSTODY FOR UP TO FORTY-EIGHT  HOURS  BEYOND  WHEN
 THE INDIVIDUAL IS SCHEDULED FOR RELEASE.
   § 3. Severability. If any clause, sentence, paragraph, section or part
 of  this act shall be adjudged by any court of competent jurisdiction to
 be invalid and after exhaustion of  all  further  judicial  review,  the
 judgment  shall  not affect, impair or invalidate the remainder thereof,
 but shall be confined in its operation to the  clause,  sentence,  para-
 graph,  section or part of this act directly involved in the controversy
 in which the judgment shall have been rendered.
   § 4. This act shall take effect immediately.