S 4121: Protects people from civil arrest while within one thousand feet of a sensitive location, unless such civil arrest is supported by a judicial warrant or judicial order authorizing such civil arrest.

  
  STATE OF NEW YORK ________________________________________________________________________ 4121 2025-2026 Regular Sessions  IN SENATE February 3, 2025 ___________ Introduced by Sen. JACKSON -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the civil rights law, in relation to protecting people from civil arrest at certain locations The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The civil rights law is amended by adding a new section 29 2 to read as follows: 3 § 29. Civil arrest; certain locations. 1. A person shall be privileged 4 from civil arrest while within one thousand feet of a sensitive 5 location, unless such civil arrest is supported by a judicial warrant or 6 judicial order authorizing such civil arrest. 7 2. It is a contempt of the court and false imprisonment for any person 8 to willfully violate subdivision one of this section, by executing an 9 arrest prohibited by subdivision one of this section or willfully 10 assisting an arrest prohibited by subdivision one of this section; 11 provided, however, that nothing in this subdivision shall affect any 12 right or defense of any person, police officer, peace officer or public 13 officer pursuant to article thirty-five of the penal law. 14 3. Regardless of whether a proceeding for contempt of the court pursu- 15 ant to subdivision two of this section has been initiated: 16 (a) a person described in subdivision one of this section may bring a 17 civil action for appropriate equitable and declaratory relief if such 18 person has reasonable cause to believe a violation of subdivision one of 19 this section, as described in subdivision two of this section has 20 occurred or may occur; and 21 (b) the attorney general may bring a civil action in the name of the 22 people of the state of New York to obtain appropriate equitable and 23 declaratory relief if the attorney general has reasonable cause to 24 believe that a violation of subdivision one of this section, as 25 described in subdivision two of this section has occurred or may occur. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07393-01-5 
 S. 4121 2 1 4. In any successful action pursuant to subdivision three of this 2 section, a plaintiff or petitioner may recover costs and reasonable 3 attorney's fees. 4 5. Nothing in this section shall be construed to narrow, or in any way 5 lessen, any common law or other right or privilege of a person privi- 6 leged from arrest pursuant to this article or otherwise. 7 6. As used in this section: 8 (a) "civil arrest" shall mean an arrest that is not: 9 (i) for the sole or primary purpose of preparing the person subject to 10 such arrest for criminal prosecution, for an alleged violation of the 11 criminal law of: 12 (A) this state, or another state, for which a sentence of a term of 13 imprisonment is authorized by law; or 14 (B) the United States, for which a sentence of a term of imprisonment 15 is authorized by law, and for which federal law requires an initial 16 appearance before a federal judge, federal magistrate or other judicial 17 officer, pursuant to the federal rules of criminal procedure that govern 18 initial appearances; or 19 (ii) for contempt of the court in which the court proceeding is taking 20 place or will be taking place; 21 (b) "sensitive location" means: 22 (i) any medical treatment or health care facility, including any 23 hospital, doctor's office, accredited health clinic, or emergent or 24 urgent care facility, or community health center; 25 (ii) all public and private schools, including but not limited to, 26 pre-schools, primary schools, secondary schools, colleges and universi- 27 ties; sites of early childhood education programs; other institutions of 28 learning; vocational and trade schools; and other sites where individ- 29 uals who are unemployed or underemployed may apply for or receive work- 30 force training; 31 (iii) any scholastic or education-related activity or event, including 32 field trips and interscholastic events; 33 (iv) locations where emergency services providers provide shelter or 34 food; 35 (v) locations of any organization that: 36 (A) assists children, pregnant individuals, victims of crime or abuse, 37 or individuals with significant mental or physical disabilities, includ- 38 ing domestic violence shelters, rape crisis centers, supervised visita- 39 tion centers, family justice centers, and victims services providers; or 40 (B) provides disaster or emergency social services and assistance, or 41 services for individuals experiencing homelessness, including, food 42 banks and shelters; 43 (vi) places of worship and sites of funerals, weddings or other reli- 44 gious ceremonies; and 45 (vii) any office of a state or local elected official; and 46 (c) "judicial warrant" or "judicial order authorizing such civil 47 arrest" means an arrest warrant or other judicial order, issued by a 48 magistrate sitting in the judicial branch of a local or state government 49 or of the federal government, authorizing a civil arrest and issued by 50 the court in which proceedings following such arrest will be heard and 51 determined. 52 7. No action or proceeding may be commenced pursuant to this section 53 against the unified court system or any unified court system personnel 54 acting lawfully pursuant to their duty to maintain safety and order in 55 the courts. 
 S. 4121 3 1 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 2 sion, section or part of this act shall be adjudged by any court of 3 competent jurisdiction to be invalid, such judgment shall not affect, 4 impair, or invalidate the remainder thereof, but shall be confined in 5 its operation to the clause, sentence, paragraph, subdivision, section 6 or part thereof directly involved in the controversy in which such judg- 7 ment shall have been rendered. It is hereby declared to be the intent of 8 the legislature that this act would have been enacted even if such 9 invalid provisions had not been included herein. 10 § 3. This act shall take effect immediately.