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This entry was published on 2020-12-18
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SECTION 28*2
Civil arrest; certain locations
Civil Rights (CVR) CHAPTER 6, ARTICLE 3
* § 28. Civil arrest; certain locations. 1. A person duly and in good
faith attending a court proceeding in which such person is a party or
potential witness, or a family or household member is a party or
potential witness, is privileged from civil arrest while going to,
remaining at, and returning from, the place of such court proceeding,
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
executing 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, or
any unified court system personnel acting lawfully pursuant to their
duty to maintain safety and order in the courts.

3. Regardless of whether a proceeding for contempt of the court
pursuant 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, or a
violation of section four-a of the judiciary law, 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, 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
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
privileged 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) "court proceeding" shall mean any appearance in a court of this
state before a judge or justice or judicial magistrate of this state
ordered or scheduled by such judge or justice or judicial magistrate, or
the filing of papers designed to initiate such an appearance before a
judge or justice or judicial magistrate of this state;

(c) "family or household member" shall have the same meaning as in
subdivision two of section four hundred fifty-nine-a of the social
services law; and

(d) "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.

* NB There are 2 § 28's