Senate Bill S425A

Signed By Governor
2019-2020 Legislative Session

Exempts certain interested parties or people from civil arrest while going to, remaining at, or returning from the place of such court proceeding

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Sponsored By

Archive: Last Bill Status Via A2176 - Signed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2019-S425 - Details

See Assembly Version of this Bill:
A2176
Law Section:
Civil Rights Law
Laws Affected:
Add §28, Civ Rts L; add §4-a, amd §212, Judy L
Versions Introduced in 2017-2018 Legislative Session:
S8925, A11013

2019-S425 - Summary

Exempts certain interested parties or people from civil arrest while going to, remaining at, or returning from the place of such court proceeding.

2019-S425 - Sponsor Memo

2019-S425 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    425
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the civil rights law and the judiciary law, in  relation
   to  protecting  certain interested parties or people from civil arrest
   while going to, remaining at, or returning  from  the  place  of  such
   court proceeding
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited  as  the  "protect
 our courts act".
   §  2.  The  civil  rights law is amended by adding a new section 28 to
 read as follows:
   § 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  POTEN-
 TIAL  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 EXECUT-
 ING AN ARREST PROHIBITED BY SUBDIVISION ONE OF THIS SECTION  OR  SECTION
 FOUR-A OF THE JUDICIARY LAW, OR WILLFULLY ASSISTING OR WILLFULLY FACILI-
 TATING  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.
   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
              

co-Sponsors

2019-S425A (ACTIVE) - Details

See Assembly Version of this Bill:
A2176
Law Section:
Civil Rights Law
Laws Affected:
Add §28, Civ Rts L; add §4-a, amd §212, Judy L
Versions Introduced in 2017-2018 Legislative Session:
S8925, A11013

2019-S425A (ACTIVE) - Summary

Exempts certain interested parties or people from civil arrest while going to, remaining at, or returning from the place of such court proceeding.

2019-S425A (ACTIVE) - Sponsor Memo

2019-S425A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  425--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced   by  Sens.  HOYLMAN,  BENJAMIN,  BIAGGI,  COMRIE,  GIANARIS,
   GOUNARDES, JACKSON, KAPLAN, KAVANAGH, KRUEGER, LIU, MONTGOMERY, MYRIE,
   PARKER, PERSAUD, RAMOS, RIVERA, SALAZAR, SEPULVEDA, SERRANO, STAVISKY,
   THOMAS -- read twice and ordered  printed,  and  when  printed  to  be
   committed  to  the  Committee  on  Codes -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN  ACT to amend the civil rights law and the judiciary law, in relation
   to protecting certain interested parties or people from  civil  arrest
   while  going  to,  remaining  at,  or returning from the place of such
   court proceeding
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act shall be known and may be cited as the "protect
 our courts act".
   § 2. The civil rights law is amended by adding a  new  section  28  to
 read as follows:
   §  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 POTEN-
 TIAL 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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