Senate Bill S8596

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8596
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             December 3, 2025
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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
 S. 8596                             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;
 S. 8596                             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.