Bill Text: NY S07405 | 2017-2018 | General Assembly | Introduced

New York Senate Bill 7405 (Prior Session Legislation)

Introduced

Bill Title: Restricts the presence of local, state or federal agents seeking to perform civil enforcement or civil arrest functions upon the premises of a court of record.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-12 - REFERRED TO JUDICIARY [S07405 Detail]

Download: New_York-2017-S07405-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________
                                          7405
                    IN SENATE
                                    January 12, 2018
                                       ___________
        Introduced  by Sen. HAMILTON -- read twice and ordered printed, and when
          printed to be committed to the Committee on Judiciary
        AN ACT to amend the judiciary law, in relation to the presence of local,
          state or federal agents upon the premises of a court of record
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. The judiciary law is amended by adding a new section 2-c to
     2  read as follows:
     3    §  2-c. Presence of local, state or federal agents. 1. Upon entry upon
     4  the premises of a court of record, local, state or federal agents  seek-
     5  ing to perform civil enforcement or civil arrest functions shall identi-
     6  fy  themselves to a court officer or court employee as an agent or offi-
     7  cer and identify the agency.
     8    2. Upon learning that a local, state or federal agent  is  seeking  to
     9  perform  a civil enforcement or arrest function, court officers or court
    10  employees shall immediately notify the presiding judge upon  such  prem-
    11  ises  or  the senior employee of the office of court administration upon
    12  the premises.
    13    3. The presiding judge or senior  employee  of  the  office  of  court
    14  administration  receiving  notice  pursuant  to  subdivision two of this
    15  section, shall, as soon as practicable, question the  agent  or  officer
    16  seeking  to  perform  a civil enforcement or effect a civil arrest as to
    17  their business upon the premises of the court. In addition,  such  judge
    18  or senior employee shall provide notice to all parties to any action and
    19  proceeding  being  conducted  upon  the  premises of the court as to the
    20  presence of agents and officers.
    21    4. No local, state or federal agents  may  conduct  civil  enforcement
    22  activities  or  effect  a civil arrest upon the premises of any court of
    23  record unless he or she shall possess a state  or  federal  court  order
    24  authorizing such action, or a state or federal warrant for the taking of
    25  custody of a person upon such premises.
    26    §  2. This act shall take effect on the first of January next succeed-
    27  ing the date on which it shall have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13842-02-7