2023 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