NY Civ Rights L § 28-2 (2021)
2021 New York Laws CVR - Civil Rights Article 3 - Privilege From Arrest 28*2 - Civil Arrest; Certain Locations.

* §  28. Civil arrest; certain locations. 1. A person duly and in good faith attending a court proceeding in which such person is  a  party  or potential  witness,  or  a  family  or  household  member  is a party or potential witness, is privileged  from  civil  arrest  while  going  to, remaining  at,  and  returning from, the place of such court proceeding, unless such civil arrest is supported by a judicial warrant or  judicial order authorizing such civil arrest.   2. It is a contempt of the court and false imprisonment for any person to willfully violate subdivision one of this section, or an order of the court  issued  pursuant  to  section  four-a  of  the  judiciary law, by executing an arrest prohibited by subdivision one  of  this  section  or section  four-a  of  the judiciary law, or willfully assisting an arrest prohibited by subdivision one of this section or section four-a  of  the judiciary law; provided, however, that nothing in this subdivision shall affect any right or defense of any person, police officer, peace officer or  public  officer pursuant to article thirty-five of the penal law, or any unified court system personnel acting  lawfully  pursuant  to  their duty to maintain safety and order in the courts.   3.  Regardless  of  whether  a  proceeding  for  contempt of the court pursuant to subdivision two of this section has been initiated:  (a) a person described in subdivision one of this section may bring  a civil  action  for  appropriate equitable and declaratory relief if such person has reasonable cause to believe a violation of subdivision one of this section, as described in subdivision two  of  this  section,  or  a violation  of  section  four-a of the judiciary law, has occurred or may occur; and  (b) the attorney general may bring a civil action in the name  of  the people  of  the  state  of  New York to obtain appropriate equitable and declaratory relief if the  attorney  general  has  reasonable  cause  to believe  that  a  violation  of  subdivision  one  of  this  section, as described in subdivision two of this section, or a violation of  section four-a of the judiciary law, has occurred or may occur.   4.  In  any  successful  action  pursuant to subdivision three of this section, a plaintiff or petitioner  may  recover  costs  and  reasonable attorney's fees.   5. Nothing in this section shall be construed to narrow, or in any way lessen,  any  common  law  or  other  right  or  privilege  of  a person privileged from arrest pursuant to this article or otherwise.   6. As used in this section:  (a) "civil arrest" shall mean an arrest that is not:  (i) for the sole or primary purpose of preparing the person subject to such arrest for criminal prosecution, for an alleged  violation  of  the criminal law of:  (A)  this  state,  or another state, for which a sentence of a term of imprisonment is authorized by law; or  (B) the United States, for which a sentence of a term of  imprisonment is  authorized  by  law,  and  for which federal law requires an initial appearance before a federal judge, federal magistrate or other  judicial officer, pursuant to the federal rules of criminal procedure that govern initial appearances; or  (ii) for contempt of the court in which the court proceeding is taking place or will be taking place;  (b)  "court  proceeding"  shall mean any appearance in a court of this state before a judge or justice or judicial  magistrate  of  this  state ordered or scheduled by such judge or justice or judicial magistrate, or the  filing  of  papers designed to initiate such an appearance before a judge or justice or judicial magistrate of this state;  (c) "family or household member" shall have the  same  meaning  as  in subdivision  two  of  section  four  hundred  fifty-nine-a of the social services law; and  (d) "judicial warrant or judicial order authorizing such civil arrest" means  an arrest warrant or other judicial order, issued by a magistrate sitting in the judicial branch of a local or state government or of  the federal  government,  authorizing a civil arrest and issued by the court in which proceedings following such arrest will be heard and determined.   7. No action or proceeding may be commenced pursuant to  this  section against  the  unified court system or any unified court system personnel acting lawfully pursuant to their duty to maintain safety and  order  in the courts.   * NB There are 2 § 28's