What's happening
This bill requires law enforcement agents to identify themselves and have a court order or warrant to perform civil arrests or enforcement in New York courts.
Why it matters
Protects the integrity of court proceedings. by requiring law enforcement to notify court officials and the presiding judge before conducting civil enforcement or arrests, reducing the risk of courtroom disruptions or intimidation of parties and witnesses.
Promotes transparency and accountability. by mandating that agents identify themselves, their agency, and the purpose of their presence, making it harder for unauthorized or covert enforcement actions to occur in court settings.
Ensures due process and notice for affected individuals. by obligating court officials to inform all parties in ongoing cases when law enforcement agents are present for civil enforcement or arrest, allowing those involved to understand the reasons for law enforcement activity and prepare accordingly.
Raises the legal threshold for civil enforcement actions in courts. by explicitly requiring a court order or warrant, which protects individuals from arbitrary or surprise civil detentions and may safeguard vulnerable populations—such as immigrants or debtors—from being targeted without judicial oversight.
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Who cares
Headline styles
Limit Agents in Courthouses
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to judiciary
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
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 Assembly, do enact as follows:
Section 1. The judiciary law is amended by adding a new section 2-c to read as follows:
§ 2-c. Presence of local, state or federal agents. 1. Upon entry upon the premises of a court of record, local, state or federal agents seeking to perform civil enforcement or civil arrest functions shall identify themselves to a court officer or court employee as an agent or officer and identify the agency.
2. Upon learning that a local, state or federal agent is seeking to perform a civil enforcement or arrest function, court officers or court employees shall immediately notify the presiding judge upon such premises or the senior employee of the office of court administration upon the premises.
3. The presiding judge or senior employee of the office of court administration receiving notice pursuant to subdivision two of this section, shall, as soon as practicable, question the agent or officer seeking to perform a civil enforcement or effect a civil arrest as to their business upon the premises of the court. In addition, such judge or senior employee shall provide notice to all parties to any action and proceeding being conducted upon the premises of the court as to the presence of agents and officers.
4. No local, state or federal agents may conduct civil enforcement activities or effect a civil arrest upon the premises of any court of record unless he or she shall possess a state or federal court order authorizing such action, or a state or federal warrant for the taking of custody of a person upon such premises.
§ 2. This act shall take effect on the first of January next succeeding 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
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
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
Purpose
This bill requires any local, state or federal agent who enters any court for the purpose of performing an enforcement action or civil arrest to identify themselves to either court officers and or court personnel who will the notify presiding judge or court administrator of their proposed actions. The court shall then notify all parties to action of the presence of the enforcement officers
Summary of provisions
Section 1: Amends Section 2-c of the Judiciary Law to require any offi- cer who enters a New York state court for effecting an arrest to notify the court of their presence and reason for being there. The court after inquiring about the reason for the action, shall inform all parties of the presence of the officers and the desire to enforce a warrant. No agent may conduct a civil action upon the premise of any court unless they possess a valid warrant for taking a person on court property.
Existing law
Under current law, New York does not require the notification of any court personnel when agents enter a court facility to enforce a warrant.
Justification
This proposed piece of legislation is a restorative measure in upholding the integrity and respect of the New York court system. New York does not require the notification of any court personnel when agents enter a court facility to enforce a warrants and the result is a breach of trust and confidentiality. Agents entering a court should identify themselves and inform court personnel that they are on duty to enforce a warrant. It shows lack of respect for the courts of New York and blatant disre- spect to the entire judiciary. Press reports have highlighted examples where ICE agents directly disregard orders from our judges while inside New York courthouses. Other news sources have raised questions regarding unlawful warrant executions, denying defendant's from access to their lawyer and unlawful questioning. By requiring ICE and other agencies to identify themselves to the court before executing warrants, allows the proper legal steps to take place to avoid any injustice. This works to ensure the rights of all defendants entering courtrooms in New York and allows for transparency on agencies that may attempt to execute warrants unlawfully.
Legislative history
This is a new bill.
Fiscal implications
Not applicable
Local fiscal implications
Not applicable
Effective date
This act shall take effect on the first of January next succeeding the date after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.