New York S 8596: Relates to protecting people from civil arrest while going to, remaining at, or returning from polling places

Bill Text

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S08596 Summary:

BILL NOS08596 

&nbsp

SAME ASSAME AS A09345

&nbsp

SPONSORHARCKHAM

&nbsp

COSPNSRFERNANDEZ, GOUNARDES, JACKSON, RIVERA, SALAZAR, SEPULVEDA, WEBB

&nbsp

MLTSPNSR

&nbsp

Add §29, Civ Rts L; amd §4-a, Judy L; amd §3-102, El L

&nbsp

Exempts certain people from civil arrest while going to, remaining at, or returning from a polling place.

Go to top S08596 Actions:

BILL NOS08596 

&nbsp

12/03/2025REFERRED TO RULES

01/07/2026REFERRED TO CODES

Go to topS08596 Committee&nbspVotes:

Go to topS08596 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS08596 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 8596

 2025-2026 Regular Sessions

 IN SENATE

 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:

 1 Section 1. The civil rights law is amended by adding a new section 29
 2 to read as follows:
 3 § 29. Civil arrest; polling places. 1. A person duly and in good faith
 4 being present at a polling place in the state, is privileged from civil
 5 arrest while going to, remaining at, and returning from, the polling
 6 place, unless such civil arrest is supported by a judicial warrant or
 7 judicial order authorizing such civil arrest.
 8 2. It is a contempt of the court and false imprisonment for any person
 9 to willfully violate subdivision one of this section, or an order of the
 10 court issued pursuant to section four-a of the judiciary law, by execut-
 11 ing an arrest prohibited by subdivision one of this section or section
 12 four-a of the judiciary law, or willfully assisting an arrest prohibited
 13 by subdivision one of this section or section four-a of the judiciary
 14 law; provided, however, that nothing in this subdivision shall affect
 15 any right or defense of any person, police officer, peace officer or
 16 public officer pursuant to article thirty-five of the penal law acting
 17 lawfully pursuant to their duty to maintain safety and order.
 18 3. (a) A person described in subdivision one of this section may bring
 19 a civil action for appropriate equitable and declaratory relief if such
 20 person has reasonable cause to believe a violation of subdivision one of
 21 this section, as described in subdivision two of this section, or a
 22 violation of section four-a of the judiciary law, has occurred or may
 23 occur.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD14007-02-5

 S. 8596 2

 1 (b) The attorney general may bring a civil action in the name of the
 2 people of the state of New York to obtain appropriate equitable and
 3 declaratory relief if the attorney general has reasonable cause to
 4 believe that a violation of subdivision one of this section, as
 5 described in subdivision two of this section, or a violation of section
 6 four-a of the judiciary law, has occurred or may occur.
 7 4. In any successful action pursuant to subdivision three of this
 8 section, a plaintiff or petitioner may recover costs and reasonable
 9 attorneys' fees.
 10 5. Nothing in this section shall be construed to narrow, or in any way
 11 lessen, any common law or other right or privilege of a person privi-
 12 leged from arrest pursuant to this article or otherwise.
 13 6. As used in this section:
 14 (a) "civil arrest" shall mean an arrest that is not for the sole or
 15 primary purpose of preparing the person subject to such arrest for crim-
 16 inal prosecution, for an alleged violation of the criminal law of:
 17 (A) this state, or another state, for which a sentence of a term of
 18 imprisonment is authorized by law; or
 19 (B) the United States, for which a sentence of a term of imprisonment
 20 is authorized by law, and for which federal law requires an initial
 21 appearance before a federal judge, federal magistrate or other judicial
 22 officer, pursuant to the federal