S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8139
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 1, 2025
                                ___________
 
 Introduced by M. of A. LASHER -- read once and referred 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.
                                                            LBD07393-01-5
              

 A. 8139                             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 INDIVIDUALS, VICTIMS OF CRIME OR ABUSE,
 OR INDIVIDUALS WITH SIGNIFICANT MENTAL OR PHYSICAL DISABILITIES, INCLUD-
 ING DOMESTIC VIOLENCE SHELTERS, RAPE CRISIS CENTERS, SUPERVISED  VISITA-
 TION 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.
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   § 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.