S T A T E O F N E W Y O R K
________________________________________________________________________
9345
2025-2026 Regular Sessions
I N A S S E M B L Y
December 10, 2025
___________
Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the civil rights law, the judiciary law and the election
law, in relation to protecting people from civil arrest while going
to, remaining at, or returning from polling places
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; POLLING PLACES. 1. A PERSON DULY AND IN GOOD FAITH
BEING PRESENT AT A POLLING PLACE IN THE STATE, IS PRIVILEGED FROM CIVIL
ARREST WHILE GOING TO, REMAINING AT, AND RETURNING FROM, THE POLLING
PLACE, 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
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 ACTING
LAWFULLY PURSUANT TO THEIR DUTY TO MAINTAIN SAFETY AND ORDER.
3. (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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14007-02-5
A. 9345 2
(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
ATTORNEYS' 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 FOR THE SOLE OR
PRIMARY PURPOSE OF PREPARING THE PERSON SUBJECT TO SUCH ARREST FOR CRIM-
INAL 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.
(B) "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.
§ 2. Section 4-a of the judiciary law, as added by chapter 322 of the
laws of 2020, is amended to read as follows:
§ 4-a. Certain powers of the courts regarding civil arrests. 1. 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.
2. IN ORDER TO MAINTAIN ACCESS TO POLLING PLACES IN THE STATE FOR ALL
PERSONS IN THEIR INDIVIDUAL CAPACITY AND TO PREVENT DISENFRANCHISEMENT,
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.
§ 3. Section 3-102 of the election law is amended by adding a new
subdivision 19 to read as follows:
19. (A) PROMULGATE RULES AND REGULATIONS IN ORDER TO MAINTAIN ACCESS
TO POLLING PLACES FOR ALL PERSONS IN THEIR INDIVIDUAL CAPACITY AND TO
PREVENT DISENFRANCHISEMENT, CONSISTENT WITH SECTION TWENTY-NINE OF THE
CIVIL RIGHTS LAW AND SECTION FOUR-A OF THE JUDICIARY LAW, BY ENSURING
THE FOLLOWING:
(I) ANY REPRESENTATIVE OF A LAW ENFORCEMENT AGENCY WHO, WHILE ACTING
IN AN OFFICIAL CAPACITY, ENTERS A POLLING PLACE WITHIN THE STATE INTEND-
ING TO OBSERVE AN INDIVIDUAL OR TAKE AN INDIVIDUAL INTO CUSTODY SHALL
IDENTIFY THEMSELF TO POLLING PLACE PERSONNEL AND STATE THEIR 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
POLLING PLACE PERSONNEL;
A. 9345 3
(II) INFORMATION ABOUT ANY SUCH PROPOSED ENFORCEMENT ACTION SHALL BE
TRANSMITTED TO AND PROMPTLY REVIEWED BY APPROPRIATE COURT SYSTEM PERSON-
NEL IN THE ELECTION DISTRICT OF SUCH POLLING PLACE, INCLUDING THE JUDGE
PRESIDING OVER ANY CASE INVOLVING THE SUBJECT OF THAT ENFORCEMENT
ACTION;
(III) EXCEPT IN EXTRAORDINARY CIRCUMSTANCES, NO ARREST MAY BE MADE BY
A REPRESENTATIVE OF A LAW ENFORCEMENT AGENCY IN A POLLING PLACE OR WHILE
GOING TO, REMAINING AT, AND RETURNING FROM, SUCH POLLING PLACE ABSENT
LEAVE OF THE COURT;
(IV) NO CIVIL ARREST SHALL BE EXECUTED INSIDE A POLLING PLACE OR WHILE
GOING TO, REMAINING AT, AND RETURNING FROM, SUCH POLLING PLACE EXCEPT
PURSUANT TO A JUDICIAL WARRANT OR JUDICIAL ORDER AUTHORIZING THE ARREST;
(V) AN UNUSUAL OCCURRENCE REPORT SHALL BE FILED BY POLLING PLACE
PERSONNEL FOR EVERY ENFORCEMENT ACTION TAKEN INSIDE THE POLLING PLACE,
INCLUDING THE OBSERVATION OF VOTING PROCEEDINGS BY A REPRESENTATIVE OF A
LAW ENFORCEMENT AGENCY ACTING IN SUCH PERSON'S OFFICIAL CAPACITY; AND
(VI) COPIES OF ALL JUDICIAL WARRANTS AND JUDICIAL ORDERS AUTHORIZING
AN ARREST AND PROVIDED TO POLLING PLACE PERSONNEL PURSUANT TO THIS PARA-
GRAPH AND THE RULES PROMULGATED THEREUNDER SHALL BE MAINTAINED BY THE
STATE BOARD OF ELECTIONS IN A CENTRAL RECORD REPOSITORY, APPROPRIATELY
INDEXED OR FILED ALPHABETICALLY BY NAME.
(B) THE STATE BOARD OF ELECTIONS SHALL PUBLISH ON ITS WEBSITE AND
PROVIDE TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY
PRESIDENT OF THE SENATE AN ANNUAL REPORT COMPILING STATISTICS, AGGRE-
GATED BY COUNTY, SETTING FORTH THE DATE EACH 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 POLLING PLACE PERSONNEL, A DESCRIPTION OF THE TYPE OF JUDI-
CIAL WARRANT OR JUDICIAL ORDER AND, TO THE EXTENT KNOWN TO POLLING PLACE
PERSONNEL, WHETHER OR NOT AN ARREST OCCURRED WITH RESPECT TO SUCH
WARRANT AND THE DATE AND SPECIFIC LOCATION OF SUCH ARREST.
§ 4. 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.
§ 5. This act shall take effect immediately.