Bill Text: NY S04477 | 2015-2016 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-01-06 - REFERRED TO FINANCE [S04477 Detail]
Download: New_York-2015-S04477-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4477
2015-2016 Regular Sessions
I N S E N A T E
March 23, 2015
___________
Introduced by Sen. MARCHIONE -- read twice and ordered printed, and when
printed to be committed to the Committee on Finance
AN ACT to amend the executive law, the penal law and the county law, in
relation to enacting the "public officer protection act"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "public officer protection act".
3 S 2. The executive law is amended by adding a new section 65-a to read
4 as follows:
5 S 65-A. RECOGNIZED COURTS, TRIBUNALS, OR OTHER JUDICIAL OR QUASI JUDI-
6 CIAL BODIES. 1. THE ATTORNEY GENERAL SHALL ANNUALLY PREPARE A LISTING OF
7 ALL RECOGNIZED COURTS, TRIBUNALS, AND JUDICIAL AND QUASI JUDICIAL
8 BODIES, AS DEFINED IN SUBDIVISION TWO OF SECTION 189.00 OF THE PENAL
9 LAW, AND SHALL ANNUALLY PUBLISH SUCH PREPARED LISTING. ANY COURT, TRIBU-
10 NAL, OR JUDICIAL OR QUASI JUDICIAL BODY THAT IS NOT A RECOGNIZED COURT,
11 TRIBUNAL, OR OTHER JUDICIAL OR QUASI JUDICIAL BODY, AS DEFINED IN PARA-
12 GRAPH (A), (B) OR (C) OF SUBDIVISION TWO OF SECTION 189.00 OF THE PENAL
13 LAW MAY APPLY TO THE ATTORNEY GENERAL PURSUANT TO SUBDIVISION TWO OF
14 THIS SECTION TO BECOME CERTIFIED AS A RECOGNIZED COURT, TRIBUNAL, OR
15 JUDICIAL OR QUASI JUDICIAL BODY.
16 2. AN APPLICATION TO THE ATTORNEY GENERAL FOR CERTIFICATION AS A
17 RECOGNIZED COURT, TRIBUNAL, OR OTHER JUDICIAL OR QUASI JUDICIAL BODY
18 SHALL BE IN SUCH FORM AND MANNER AS PRESCRIBED BY THE ATTORNEY GENERAL.
19 NO FEE SHALL BE IMPOSED BY THE ATTORNEY GENERAL FOR THE SUBMISSION OF
20 SUCH AN APPLICATION. THE DETERMINATION AS TO WHETHER OR NOT TO CERTIFY
21 AN APPLICANT AS A RECOGNIZED COURT, TRIBUNAL, OR OTHER JUDICIAL OR QUASI
22 JUDICIAL BODY SHALL BE IN THE SOLE DISCRETION OF THE ATTORNEY GENERAL
23 AND SHALL NOT BE SUBJECT TO REVIEW PURSUANT TO ARTICLE SEVENTY-EIGHT OF
24 THE CIVIL PRACTICE LAW AND RULES.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08864-01-5
S. 4477 2
1 3. THE ATTORNEY GENERAL SHALL ANNUALLY PROVIDE ALL COUNTY CLERKS WITH
2 A COMPLETE LISTING OF ALL RECOGNIZED COURTS, TRIBUNALS, AND JUDICIAL AND
3 QUASI JUDICIAL BODIES.
4 S 3. The executive law is amended by adding a new section 719 to read
5 as follows:
6 S 719. PUBLIC PROTECTION OF PUBLIC OFFICERS. 1. LEGISLATIVE INTENT.
7 THE LEGISLATURE FINDS AND DETERMINES THAT THE STATE OF NEW YORK AND THE
8 UNITED STATES OF AMERICA HAVE RECENTLY SEEN A DISTURBING NUMBER OF
9 RETALIATORY ACTIONS AGAINST PUBLIC OFFICERS IN THE CONDUCT OF THEIR
10 OFFICIAL DUTIES THAT PRESENT A PROFOUND THREAT TO OUR FREEDOM AND LIBER-
11 TY AS A FREE PEOPLE. THESE ACTIONS OFTEN SEEK TO CIRCUMVENT THE PROC-
12 ESSES OF FREE SPEECH, FAIR ELECTIONS, THE ADMINISTRATION OF JUSTICE AND
13 THE PROPER CONDUCT OF THE JUDICIAL SYSTEM, TO WHICH OUR CONSTITUTIONS
14 ARE DEDICATED, AND IN AN EFFORT TO OBTAIN CHANGE, ENGAGE IN INTIM-
15 IDATION, VIOLENCE, DEATH, DESTRUCTION AND/OR DECEPTION.
16 THE LEGISLATURE FURTHER FINDS AND DETERMINES THAT ONE OF THE PRACTICES
17 FREQUENTLY EMPLOYED BY PERSONS TAKING THESE RETALIATORY ACTIONS, IN AN
18 EFFORT TO UNDERMINE STATE AUTHORITY AND CIVIL INTEGRITY, IS TO ISSUE
19 ORDERS, JUDGMENTS, DECREES, PROCLAMATIONS OR OTHER QUASI JUDICIAL DOCU-
20 MENTS FROM WHAT HAVE BEEN TERMED AS "COMMON LAW COURTS" OR "CITIZEN
21 COURTS". THESE "COURTS" HAVE NO REAL STANDING AUTHORITY, IN LAW OR EQUI-
22 TY, AND MERELY SERVE AS A SUBTERFUGE FOR THESE PERSONS.
23 THE LEGISLATURE ADDITIONALLY FINDS AND DETERMINES THAT A FURTHER PRAC-
24 TICE EMPLOYED BY PERSONS TAKING THESE RETALIATORY ACTIONS, IN AN EFFORT
25 TO UNDERMINE STATE AUTHORITY AND CIVIL INTEGRITY, IS TO FILE RECORDS OR
26 INSTRUMENTS, THAT ARE TRADITIONALLY RECOGNIZED UNDER THE CIVIL JUSTICE
27 SYSTEM, INCLUDING LIENS AND ENCUMBRANCES OF REAL OR PERSONAL PROPERTY,
28 IN RETALIATION FOR OR ON ACCOUNT OF THE PERFORMANCE OF THE OFFICIAL
29 DUTIES OF A PUBLIC OFFICER. THESE RECORDS OR INSTRUMENTS, WHICH ARE
30 MERITLESS, FRIVOLOUS, FALSE, FICTITIOUS OR FRAUDULENT, ARE MERELY FILED
31 WITH THE PURPOSE TO INTIMIDATE OR INJURE THE PUBLIC OFFICIAL.
32 THE LEGISLATURE FINALLY FINDS AND DECLARES THAT WHEN PUBLIC OFFICERS
33 IN PERFORMANCE OF THEIR OFFICIAL DUTIES ARE ISSUED WITH CIVIL OR CRIMI-
34 NAL PAPERS FROM THESE "COMMON LAW COURTS" OR "CITIZEN COURTS", OR HAVE A
35 MERITLESS, FRIVOLOUS, FALSE, FICTITIOUS OR FRAUDULENT RECORD OR INSTRU-
36 MENT FILED AGAINST THEM, A GREAT DEAL OF CONFUSION AND INJURY CAN
37 RESULT, AND THE INTEGRITY OF OUR REAL COURT AND JUDICIAL SYSTEM IS
38 THEREBY THREATENED. THESE MISFOUNDED INDIVIDUALS USE THE RESPECT AND
39 INTEGRITY THAT OUR COURT AND JUDICIAL SYSTEM HAS TAKEN CENTURIES TO
40 OBTAIN, TO INTIMIDATE THEIR VICTIMS AND IMPOSE THEIR WILL. IT IS A PROC-
41 ESS BASED IN MISCONDUCT, FRAUD, DECEPTION, AND DECEIT, AND IT CANNOT BE
42 ALLOWED TO CONTINUE.
43 2. PUBLIC OFFICER PROTECTION TEAM. THERE SHALL BE ESTABLISHED A
44 PUBLIC OFFICER PROTECTION TEAM. SUCH TEAM SHALL CONSIST OF THE COMMIS-
45 SIONER OF THE DIVISION, THE SUPERINTENDENT OF STATE POLICE, THE COMMIS-
46 SIONER OF CRIMINAL JUSTICE SERVICES, THE ATTORNEY GENERAL, THE CHIEF
47 ADMINISTRATIVE JUDGE OF THE OFFICE OF COURT ADMINISTRATION, THE PRESI-
48 DENT OF THE NEW YORK STATE ASSOCIATION OF COUNTY CLERKS, AND THE PRESI-
49 DENT OF THE NEW YORK STATE SHERIFF'S ASSOCIATION. THE PUBLIC OFFICER
50 PROTECTION TEAM SHALL MEET NO LESS THAN BIANNUALLY TO DISCUSS STRATEGIES
51 AND DEVELOP RECOMMENDATIONS TO PROTECT PUBLIC OFFICERS FROM INTIM-
52 IDATION, THREATS, VIOLENCE, INJURY AND RETALIATION IN THE COURSE OF
53 THEIR OFFICIAL DUTIES, AND THE REDUCTION OF THE FILING OF RETALIATORY
54 RECORDS OR INSTRUMENTS AGAINST PUBLIC OFFICERS AND JURISPRUDENTIAL
55 FRAUD. ON OR BEFORE THE THIRTY-FIRST OF DECEMBER OF EACH YEAR, THE
56 PUBLIC OFFICER PROTECTION TEAM SHALL DEVELOP AND TRANSMIT RECOMMENDA-
S. 4477 3
1 TIONS TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY, AND THE TEMPORARY
2 PRESIDENT OF THE SENATE, ON LEGISLATIVE AND ADMINISTRATIVE MEASURES THAT
3 CAN BE TAKEN TO PROTECT PUBLIC OFFICERS FROM INTIMIDATION, THREATS,
4 VIOLENCE, INJURY AND RETALIATION IN THE COURSE OF THEIR OFFICIAL DUTIES,
5 AND THE REDUCTION OF THE FILING OF RETALIATORY RECORDS OR INSTRUMENTS
6 AGAINST PUBLIC OFFICERS AND JURISPRUDENTIAL FRAUD.
7 S 4. The penal law is amended by adding a new article 189 to read as
8 follows:
9 ARTICLE 189
10 JURISPRUDENTIAL FRAUD
11 SECTION 189.00 JURISPRUDENTIAL FRAUD OFFENSES; DEFINITIONS OF TERMS.
12 189.05 JURISPRUDENTIAL FRAUD IN THE SECOND DEGREE.
13 189.10 JURISPRUDENTIAL FRAUD IN THE FIRST DEGREE.
14 189.15 FILING A RETALIATORY RECORD OR INSTRUMENT AGAINST A
15 PUBLIC OFFICER.
16 189.20 JURISPRUDENTIAL FRAUD OFFENSES; DEFENSES.
17 S 189.00 JURISPRUDENTIAL FRAUD OFFENSES; DEFINITIONS OF TERMS.
18 THE FOLLOWING DEFINITIONS ARE APPLICABLE TO THIS ARTICLE:
19 1. "JURISPRUDENTIAL DOCUMENT" MEANS ANY DOCUMENT WHICH ON ITS FACE
20 REPRESENTS THAT IT HAS BEEN DRAFTED, CREATED OR ISSUED BY, UPON THE
21 AUTHORITY OF, UNDER THE JURISDICTION OF, OR PURSUANT TO CIVIL OR CRIMI-
22 NAL LITIGATION BEFORE, ANY COURT, TRIBUNAL OR OTHER JUDICIAL OR QUASI
23 JUDICIAL BODY; AND SHALL INCLUDE, BUT NOT BE LIMITED TO:
24 (A) A SUMMONS;
25 (B) A PLEADING;
26 (C) MOTION PAPERS;
27 (D) APPEAL PAPERS;
28 (E) AN ORDER;
29 (F) A DECISION;
30 (G) A JUDGMENT;
31 (H) A LIEN;
32 (I) A LIS PENDENS; OR
33 (J) ANY OTHER PAPER INVOLVED IN CRIMINAL OR CIVIL LITIGATION.
34 2. "RECOGNIZED COURT, TRIBUNAL, OR OTHER JUDICIAL OR QUASI JUDICIAL
35 BODY" MEANS:
36 (A) ANY COURT OF RECORD AS DEFINED IN SECTION TWO OF THE JUDICIARY
37 LAW;
38 (B) ANY COURT, TRIBUNAL, OR OTHER JUDICIAL OR QUASI JUDICIAL BODY
39 ESTABLISHED PURSUANT TO THE CONSTITUTION OF THE UNITED STATES OR OF THIS
40 STATE, OR FEDERAL OR STATE LAW OR THE LAW OF ANY POLITICAL SUBDIVISION
41 OF THE STATE;
42 (C) ANY COURT IN ANOTHER STATE OR COUNTRY WHICH IF LOCATED IN THIS
43 STATE WOULD BE A COURT OF RECORD OR WHICH IS ESTABLISHED BY THE LAWS OF
44 THAT STATE OR COUNTRY OR A POLITICAL SUBDIVISION THEREOF; AND
45 (D) ANY OTHER COURT, TRIBUNAL, OR OTHER JUDICIAL OR QUASI JUDICIAL
46 BODY CERTIFIED BY THE ATTORNEY GENERAL PURSUANT TO SECTION SIXTY-FIVE-A
47 OF THE EXECUTIVE LAW.
48 S 189.05 JURISPRUDENTIAL FRAUD IN THE SECOND DEGREE.
49 A PERSON IS GUILTY OF JURISPRUDENTIAL FRAUD IN THE SECOND DEGREE WHEN
50 HE OR SHE INTENTIONALLY AIDS ANOTHER TO KNOWINGLY AND INTENTIONALLY
51 DISTRIBUTE, SERVE, FILE, PRODUCE OR PUBLISH A JURISPRUDENTIAL DOCUMENT,
52 WHEN SUCH JURISPRUDENTIAL DOCUMENT WAS NOT:
53 1. DRAFTED, CREATED OR ISSUED BY A RECOGNIZED COURT, TRIBUNAL, OR
54 OTHER JUDICIAL OR QUASI JUDICIAL BODY; OR
55 2. DRAFTED, CREATED OR ISSUED BY A PERSON OR GOVERNMENTAL ENTITY,
56 ACTING UPON THE AUTHORITY OF A RECOGNIZED COURT, TRIBUNAL, OR OTHER
S. 4477 4
1 JUDICIAL OR QUASI JUDICIAL BODY, OR THE STATE CRIMINAL JUSTICE SYSTEM;
2 OR
3 3. DRAFTED, CREATED OR ISSUED BY A PERSON OR GOVERNMENTAL ENTITY,
4 ACTING PURSUANT TO THE COMMENCEMENT OR PROSECUTION OF CIVIL OR CRIMINAL
5 LITIGATION, BEFORE A RECOGNIZED COURT, TRIBUNAL, OR OTHER JUDICIAL OR
6 QUASI JUDICIAL BODY; OR
7 4. DRAFTED, CREATED OR ISSUED BY A PERSON OR GOVERNMENTAL ENTITY,
8 ACTING UNDER THE JURISDICTION OF A RECOGNIZED COURT, TRIBUNAL, OR OTHER
9 JUDICIAL OR QUASI JUDICIAL BODY, OR THE STATE CRIMINAL JUSTICE SYSTEM.
10 JURISPRUDENTIAL FRAUD IN THE SECOND DEGREE IS A CLASS A MISDEMEANOR.
11 S 189.10 JURISPRUDENTIAL FRAUD IN THE FIRST DEGREE.
12 A PERSON IS GUILTY OF JURISPRUDENTIAL FRAUD IN THE FIRST DEGREE WHEN:
13 1. HE OR SHE KNOWINGLY AND INTENTIONALLY DISTRIBUTES, SERVES, FILES,
14 PRODUCES OR PUBLISHES A JURISPRUDENTIAL DOCUMENT, REPRESENTING THAT SUCH
15 DOCUMENT WAS:
16 (A) DRAFTED, CREATED OR ISSUED BY A COURT, TRIBUNAL, OR OTHER JUDICIAL
17 OR QUASI JUDICIAL BODY; OR
18 (B) DRAFTED, CREATED OR ISSUED BY A PERSON OR GOVERNMENTAL ENTITY,
19 ACTING UPON THE AUTHORITY OF A COURT, TRIBUNAL, OR OTHER JUDICIAL OR
20 QUASI JUDICIAL BODY; OR
21 (C) DRAFTED, CREATED OR ISSUED BY A PERSON OR GOVERNMENTAL ENTITY,
22 ACTING PURSUANT TO THE COMMENCEMENT OR PROSECUTION OF CIVIL OR CRIMINAL
23 LITIGATION, BEFORE A COURT, TRIBUNAL, OR OTHER JUDICIAL OR QUASI JUDI-
24 CIAL BODY; OR
25 (D) DRAFTED, CREATED OR ISSUED BY A PERSON OR GOVERNMENTAL ENTITY,
26 ACTING UNDER THE JURISDICTION OF A COURT, TRIBUNAL, OR OTHER JUDICIAL OR
27 QUASI JUDICIAL BODY; AND
28 2. WHEN SUCH JURISPRUDENTIAL DOCUMENT WAS NOT:
29 (A) DRAFTED, CREATED OR ISSUED BY A RECOGNIZED COURT, TRIBUNAL, OR
30 OTHER JUDICIAL OR QUASI JUDICIAL BODY; OR
31 (B) DRAFTED, CREATED OR ISSUED BY A PERSON OR GOVERNMENTAL ENTITY,
32 ACTING UPON THE AUTHORITY OF A RECOGNIZED COURT, TRIBUNAL, OR OTHER
33 JUDICIAL OR QUASI JUDICIAL BODY, OR THE STATE CRIMINAL JUSTICE SYSTEM;
34 OR
35 (C) DRAFTED, CREATED OR ISSUED BY A PERSON OR GOVERNMENTAL ENTITY,
36 ACTING PURSUANT TO THE COMMENCEMENT OR PROSECUTION OF CIVIL OR CRIMINAL
37 LITIGATION, BEFORE A RECOGNIZED COURT, TRIBUNAL, OR OTHER JUDICIAL OR
38 QUASI JUDICIAL BODY; OR
39 (D) DRAFTED, CREATED OR ISSUED BY A PERSON OR GOVERNMENTAL ENTITY,
40 ACTING UNDER THE JURISDICTION OF A RECOGNIZED COURT, TRIBUNAL, OR OTHER
41 JUDICIAL OR QUASI JUDICIAL BODY, OR THE STATE CRIMINAL JUSTICE SYSTEM.
42 JURISPRUDENTIAL FRAUD IN THE FIRST DEGREE IS A CLASS D FELONY.
43 S 189.15 FILING A RETALIATORY RECORD OR INSTRUMENT AGAINST A PUBLIC
44 OFFICER.
45 1. A PERSON IS GUILTY OF FILING A RETALIATORY RECORD OR INSTRUMENT
46 AGAINST A PUBLIC OFFICER, WHEN HE OR SHE, WITH THE INTENT TO INTIMIDATE,
47 INJURE OR INFLUENCE A PUBLIC OFFICER, FILES, ATTEMPTS TO FILE OR
48 CONSPIRES TO FILE, A FALSE, FICTITIOUS, FRAUDULENT OR FRIVOLOUS RECORD
49 OR INSTRUMENT, INCLUDING A LIEN OR ENCUMBRANCE AGAINST THE REAL OR
50 PERSONAL PROPERTY OF A PUBLIC OFFICER, IN RETALIATION FOR OR ON ACCOUNT
51 OF THE PERFORMANCE OF THE OFFICIAL DUTIES OF SUCH PUBLIC OFFICER.
52 2. FOR THE PURPOSES OF THIS SECTION, "PUBLIC OFFICER" SHALL MEAN ANY
53 OFFICER OR EMPLOYEE OF:
54 (A) THE STATE;
55 (B) A POLITICAL SUBDIVISION OF THE STATE;
56 (C) THE FEDERAL GOVERNMENT;
S. 4477 5
1 (D) A SCHOOL DISTRICT; OR
2 (E) A PUBLIC AUTHORITY.
3 FILING A RETALIATORY RECORD OR INSTRUMENT AGAINST A PUBLIC OFFICER IS
4 A CLASS D FELONY.
5 S 189.20 JURISPRUDENTIAL FRAUD OFFENSES; DEFENSES.
6 IN ANY PROSECUTION FOR JURISPRUDENTIAL FRAUD IN THE FIRST DEGREE, AS
7 DEFINED IN SECTION 189.10, OR JURISPRUDENTIAL FRAUD IN THE SECOND
8 DEGREE, AS DEFINED IN SECTION 189.05, OR FILING A RETALIATORY RECORD OR
9 INSTRUMENT AGAINST A PUBLIC OFFICER, AS DEFINED IN SECTION 189.15 OF
10 THIS ARTICLE, IT SHALL BE AN AFFIRMATIVE DEFENSE, THAT THE DEFENDANT IN
11 HIS OR HER CAPACITY AS A PUBLIC OFFICER, DISTRIBUTED, SERVED, FILED,
12 PRODUCED OR PUBLISHED A JURISPRUDENTIAL DOCUMENT BELIEVING IT TO HAVE
13 BEEN:
14 1. DRAFTED, CREATED OR ISSUED BY A RECOGNIZED COURT, TRIBUNAL, OR
15 OTHER JUDICIAL OR QUASI JUDICIAL BODY; OR
16 2. DRAFTED, CREATED OR ISSUED BY A PERSON OR GOVERNMENTAL ENTITY,
17 ACTING UPON THE AUTHORITY OF A RECOGNIZED COURT, TRIBUNAL, OR OTHER
18 JUDICIAL OR QUASI JUDICIAL BODY; OR
19 3. DRAFTED, CREATED OR ISSUED BY A PERSON OR GOVERNMENTAL ENTITY,
20 ACTING PURSUANT TO THE COMMENCEMENT OR PROSECUTION OF CIVIL OR CRIMINAL
21 LITIGATION, BEFORE A RECOGNIZED COURT, TRIBUNAL, OR OTHER JUDICIAL OR
22 QUASI JUDICIAL BODY; OR
23 4. DRAFTED, CREATED OR ISSUED BY A PERSON OR GOVERNMENTAL ENTITY,
24 ACTING UNDER THE JURISDICTION OF A RECOGNIZED COURT, TRIBUNAL, OR OTHER
25 JUDICIAL OR QUASI JUDICIAL BODY.
26 S 5. The county law is amended by adding a new section 531 to read as
27 follows:
28 S 531. PROHIBITED FILINGS. THE COUNTY CLERK SHALL NOT ACCEPT FOR
29 FILING ANY JURISPRUDENTIAL DOCUMENT, AS DEFINED IN SUBDIVISION ONE OF
30 SECTION 189.00 OF THE PENAL LAW, FROM ANY COURT, TRIBUNAL, OR OTHER
31 JUDICIAL OR QUASI JUDICIAL BODY THAT IS NOT A RECOGNIZED COURT, TRIBU-
32 NAL, OR OTHER JUDICIAL OR QUASI JUDICIAL BODY, AS DEFINED IN SUBDIVISION
33 TWO OF SECTION 189.00 OF THE PENAL LAW. ANY SUCH DOCUMENT MISTAKENLY
34 FILED OR RECEIVED FOR FILING, SHALL BE DEEMED TO HAVE NEVER BEEN SO
35 FILED OR RECEIVED FOR FILING, AND SHALL BE FURTHER DEEMED AS VOID AS A
36 MATTER OF LAW. THE ATTORNEY GENERAL SHALL ANNUALLY PROVIDE ALL COUNTY
37 CLERKS WITH A COMPLETE LIST OF ALL RECOGNIZED COURTS, TRIBUNALS, AND
38 JUDICIAL AND QUASI JUDICIAL BODIES PURSUANT TO SECTION SIXTY-FIVE-A OF
39 THE EXECUTIVE LAW.
40 S 6. This act shall take effect on the first of November next succeed-
41 ing the date on which it shall have become a law; provided, however,
42 that effective immediately, the attorney general shall promulgate such
43 rules and regulations as shall be necessary for the timely implementa-
44 tion of the provisions of this act on its effective date.
