New York S 4121: Relates to protecting people from civil arrest at certain locations

Bill Text

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S04121 Summary:

BILL NOS04121 

&nbsp

SAME ASSAME AS A08139

&nbsp

SPONSORJACKSON

&nbsp

COSPNSRBROUK, CLEARE, COMRIE, KRUEGER, LIU, RAMOS, SEPULVEDA

&nbsp

MLTSPNSR

&nbsp

Add §29, Civ Rts L

&nbsp

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.

Go to top S04121 Actions:

BILL NOS04121 

&nbsp

02/03/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS04121 Committee&nbspVotes:

Go to topS04121 Floor&nbspVotes:

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

Go to topS04121 Text:

 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, o