Enacts the "public officer protection act" to impose criminal penalties for the service, distribution or filing of fraudulent documents which appear to be judicial documents

BILL NUMBER:S4477

Title of bill

An act to amend the executive law, the penal law and the county law, in relation to enacting the "public officer protection act"

Purpose

Enacts the "Public Officer Protection Act" to impose criminal penalties for the service, distribution or filing of fraudulent documents which appear to be judicial documents.

Summary of provisions

Section 1. This act shall be known as the "Public Officer Protection Act."

Section 2. The executive law is amended by adding a new section 65-a stating the Attorney General shall annually prepare a listing of all courts, tribunals, and judicial bodies and provide such listing to all county clerks.

Section 3. The executive law is amended by adding a new section 719 outlining the legislative intent of the public officer protection act and establishing a public officer protection team. The team shall meet no less than biannually to discuss strategies to protect public officers from intimidation, threats, violence, injury and retaliation in the course of their official duties. Before December 31st of each year, the protection team shall submit recommendations to the Governor, Assembly Speaker, and Temporary President of the Senate.

Section 4. The penal law is amended by adding a new article 189 outlining Jurisprudential Fraud.

Section 5. The county law is amended by adding a new section 531 to define prohibited filings. Any document mistakenly filed shall be deemed as void. The attorney general shall annually provide all county clerks with a complete list of all recognized courts, tribunals, and judicial bodies.

Section 6. Sets forth the effective date stating this act shall take effect on November 1st next succeeding the date on which it shall have become law with certain provisions.

Justification

Paper terrorism, the act of using otherwise legitimate documents for illegitimate purposes, is a form of harassment prevalent in New York State. Public officials are particularly susceptible to such persecution from disgruntled persons due to their profile in the community. There have recently been a disturbing number of retaliatory actions against public officers in the conduct of their official duties that present profound threats to our freedom and liberty. These actions seek to circumvent the processes of free speech, fair elections, the administration of justice and the proper conduct of the judicial system, to which our constitutions are dedicated. This legislation will establish the Public Officer Protection Act and aim to prevent any further acts of intimidation, violence, death, destruction or deception against a public officer during his or her regular duties. This legislation also protects public officers from frivolous filings against them regarding their conduct of their

official duties. In addition, this legislation establishes the article of Jurisprudential Fraud to further protect public officers from any sort of misconduct or false filings against them.

Legislative history

S4242 of 2013-2014, referred to Judiciary.

Fiscal implications

To be determined.

Effective date

This act shall take effect on the first of November.