S. 4242 2
3. THE ATTORNEY GENERAL SHALL ANNUALLY PROVIDE ALL COUNTY CLERKS WITH
A COMPLETE LISTING OF ALL RECOGNIZED COURTS, TRIBUNALS, AND JUDICIAL AND
QUASI JUDICIAL BODIES.
S 3. The executive law is amended by adding a new section 719 to read
s follows:
S 719. PUBLIC PROTECTION OF PUBLIC OFFICERS. 1. LEGISLATIVE INTENT.
THE LEGISLATURE FINDS AND DETERMINES THAT THE STATE OF NEW YORK AND THE
UNITED STATES OF AMERICA HAVE RECENTLY SEEN A DISTURBING NUMBER OF
RETALIATORY ACTIONS AGAINST PUBLIC OFFICERS IN THE CONDUCT OF THEIR
OFFICIAL DUTIES THAT PRESENT A PROFOUND THREAT TO OUR FREEDOM AND LIBER-
TY AS A FREE PEOPLE. THESE ACTIONS OFTEN SEEK TO CIRCUMVENT THE PROC-
ESSES OF FREE SPEECH, FAIR ELECTIONS, THE ADMINISTRATION OF JUSTICE AND
THE PROPER CONDUCT OF THE JUDICIAL SYSTEM, TO WHICH OUR CONSTITUTIONS
ARE DEDICATED, AND IN AN EFFORT TO OBTAIN CHANGE, ENGAGE IN INTIM-
IDATION, VIOLENCE, DEATH, DESTRUCTION AND/OR DECEPTION.
THE LEGISLATURE FURTHER FINDS AND DETERMINES THAT ONE OF THE PRACTICES
FREQUENTLY EMPLOYED BY PERSONS TAKING THESE RETALIATORY ACTIONS, IN AN
EFFORT TO UNDERMINE STATE AUTHORITY AND CIVIL INTEGRITY, IS TO ISSUE
ORDERS, JUDGMENTS, DECREES, PROCLAMATIONS OR OTHER QUASI JUDICIAL DOCU-
MENTS FROM WHAT HAVE BEEN TERMED AS "COMMON LAW COURTS" OR "CITIZEN
COURTS". THESE "COURTS" HAVE NO REAL STANDING AUTHORITY, IN LAW OR EQUI-
TY, AND MERELY SERVE AS A SUBTERFUGE FOR THESE PERSONS.
THE LEGISLATURE ADDITIONALLY FINDS AND DETERMINES THAT A FURTHER PRAC-
TICE EMPLOYED BY PERSONS TAKING THESE RETALIATORY ACTIONS, IN AN EFFORT
TO UNDERMINE STATE AUTHORITY AND CIVIL INTEGRITY, IS TO FILE RECORDS OR
INSTRUMENTS, THAT ARE TRADITIONALLY RECOGNIZED UNDER THE CIVIL JUSTICE
SYSTEM, INCLUDING LIENS AND ENCUMBRANCES OF REAL OR PERSONAL PROPERTY,
IN RETALIATION FOR OR ON ACCOUNT OF THE PERFORMANCE OF THE OFFICIAL
DUTIES OF A PUBLIC OFFICER. THESE RECORDS OR INSTRUMENTS, WHICH ARE
MERITLESS, FRIVOLOUS, FALSE, FICTITIOUS OR FRAUDULENT, ARE MERELY FILED
WITH THE PURPOSE TO INTIMIDATE OR INJURE THE PUBLIC OFFICIAL.
THE LEGISLATURE FINALLY FINDS AND DECLARES THAT WHEN PUBLIC OFFICERS
IN PERFORMANCE OF THEIR OFFICIAL DUTIES ARE ISSUED WITH CIVIL OR CRIMI-
NAL PAPERS FROM THESE "COMMON LAW COURTS" OR "CITIZEN COURTS", OR HAVE A
MERITLESS, FRIVOLOUS, FALSE, FICTITIOUS OR FRAUDULENT RECORD OR INSTRU-
MENT FILED AGAINST THEM, A GREAT DEAL OF CONFUSION AND INJURY CAN
RESULT, AND THE INTEGRITY OF OUR REAL COURT AND JUDICIAL SYSTEM IS
THEREBY THREATENED. THESE MISFOUNDED INDIVIDUALS USE THE RESPECT AND
INTEGRITY THAT OUR COURT AND JUDICIAL SYSTEM HAS TAKEN CENTURIES TO
OBTAIN, TO INTIMIDATE THEIR VICTIMS AND IMPOSE THEIR WILL. IT IS A PROC-
ESS BASED IN MISCONDUCT, FRAUD, DECEPTION, AND DECEIT, AND IT CANNOT BE
ALLOWED TO CONTINUE.
2. PUBLIC OFFICER PROTECTION TEAM. THERE SHALL BE ESTABLISHED A
PUBLIC OFFICER PROTECTION TEAM. SUCH TEAM SHALL CONSIST OF THE COMMIS-
SIONER OF THE DIVISION, THE SUPERINTENDENT OF STATE POLICE, THE COMMIS-
SIONER OF CRIMINAL JUSTICE SERVICES, THE ATTORNEY GENERAL, THE CHIEF
ADMINISTRATIVE JUDGE OF THE OFFICE OF COURT ADMINISTRATION, THE PRESI-
DENT OF THE NEW YORK STATE ASSOCIATION OF COUNTY CLERKS, AND THE PRESI-
DENT OF THE NEW YORK STATE SHERIFF'S ASSOCIATION. THE PUBLIC OFFICER
PROTECTION TEAM SHALL MEET NO LESS THAN BIANNUALLY TO DISCUSS STRATEGIES
AND DEVELOP RECOMMENDATIONS TO PROTECT PUBLIC OFFICERS FROM INTIM-
IDATION, THREATS, VIOLENCE, INJURY AND RETALIATION IN THE COURSE OF
THEIR OFFICIAL DUTIES, AND THE REDUCTION OF THE FILING OF RETALIATORY
RECORDS OR INSTRUMENTS AGAINST PUBLIC OFFICERS AND JURISPRUDENTIAL
FRAUD. ON OR BEFORE THE THIRTY-FIRST OF DECEMBER OF EACH YEAR, THE
PUBLIC OFFICER PROTECTION TEAM SHALL DEVELOP AND TRANSMIT RECOMMENDA-
S. 4242 3
TIONS TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY, AND THE TEMPORARY
PRESIDENT OF THE SENATE, ON LEGISLATIVE AND ADMINISTRATIVE MEASURES THAT
CAN BE TAKEN TO PROTECT PUBLIC OFFICERS FROM INTIMIDATION, THREATS,
VIOLENCE, INJURY AND RETALIATION IN THE COURSE OF THEIR OFFICIAL DUTIES,
AND THE REDUCTION OF THE FILING OF RETALIATORY RECORDS OR INSTRUMENTS
AGAINST PUBLIC OFFICERS AND JURISPRUDENTIAL FRAUD.
S 4. The penal law is amended by adding a new article 189 to read as
follows:
ARTICLE 189
JURISPRUDENTIAL FRAUD
SECTION 189.00 JURISPRUDENTIAL FRAUD OFFENSES; DEFINITIONS OF TERMS.
189.05 JURISPRUDENTIAL FRAUD IN THE SECOND DEGREE.
189.10 JURISPRUDENTIAL FRAUD IN THE FIRST DEGREE.
189.15 FILING A RETALIATORY RECORD OR INSTRUMENT AGAINST A
PUBLIC OFFICER.
189.20 JURISPRUDENTIAL FRAUD OFFENSES; DEFENSES.
S 189.00 JURISPRUDENTIAL FRAUD OFFENSES; DEFINITIONS OF TERMS.
THE FOLLOWING DEFINITIONS ARE APPLICABLE TO THIS ARTICLE:
1. "JURISPRUDENTIAL DOCUMENT" MEANS ANY DOCUMENT WHICH ON ITS FACE
REPRESENTS THAT IT HAS BEEN DRAFTED, CREATED OR ISSUED BY, UPON THE
AUTHORITY OF, UNDER THE JURISDICTION OF, OR PURSUANT TO CIVIL OR CRIMI-
NAL LITIGATION BEFORE, ANY COURT, TRIBUNAL OR OTHER JUDICIAL OR QUASI
JUDICIAL BODY; AND SHALL INCLUDE, BUT NOT BE LIMITED TO:
(A) A SUMMONS;
(B) A PLEADING;
(C) MOTION PAPERS;
(D) APPEAL PAPERS;
(E) AN ORDER;
(F) A DECISION;
(G) A JUDGMENT;
(H) A LIEN;
(I) A LIS PENDENS; OR
(J) ANY OTHER PAPER INVOLVED IN CRIMINAL OR CIVIL LITIGATION.
2. "RECOGNIZED COURT, TRIBUNAL, OR OTHER JUDICIAL OR QUASI JUDICIAL
BODY" MEANS:
(A) ANY COURT OF RECORD AS DEFINED IN SECTION TWO OF THE JUDICIARY
LAW;
(B) ANY COURT, TRIBUNAL, OR OTHER JUDICIAL OR QUASI JUDICIAL BODY
ESTABLISHED PURSUANT TO THE CONSTITUTION OF THE UNITED STATES OR OF THIS
STATE, OR FEDERAL OR STATE LAW OR THE LAW OF ANY POLITICAL SUBDIVISION
OF THE STATE;
(C) ANY COURT IN ANOTHER STATE OR COUNTRY WHICH IF LOCATED IN THIS
STATE WOULD BE A COURT OF RECORD OR WHICH IS ESTABLISHED BY THE LAWS OF
THAT STATE OR COUNTRY OR A POLITICAL SUBDIVISION THEREOF; AND
(D) ANY OTHER COURT, TRIBUNAL, OR OTHER JUDICIAL OR QUASI JUDICIAL
BODY CERTIFIED BY THE ATTORNEY GENERAL PURSUANT TO SECTION SIXTY-FIVE-A
OF THE EXECUTIVE LAW.
S 189.05 JURISPRUDENTIAL FRAUD IN THE SECOND DEGREE.
A PERSON IS GUILTY OF JURISPRUDENTIAL FRAUD IN THE SECOND DEGREE WHEN
HE OR SHE INTENTIONALLY AIDS ANOTHER TO KNOWINGLY AND INTENTIONALLY
DISTRIBUTE, SERVE, FILE, PRODUCE OR PUBLISH A JURISPRUDENTIAL DOCUMENT,
WHEN SUCH JURISPRUDENTIAL DOCUMENT WAS NOT:
1. DRAFTED, CREATED OR ISSUED BY A RECOGNIZED COURT, TRIBUNAL, OR
OTHER JUDICIAL OR QUASI JUDICIAL BODY; OR
2. DRAFTED, CREATED OR ISSUED BY A PERSON OR GOVERNMENTAL ENTITY,
ACTING UPON THE AUTHORITY OF A RECOGNIZED COURT, TRIBUNAL, OR OTHER
S. 4242 4
JUDICIAL OR QUASI JUDICIAL BODY, OR THE STATE CRIMINAL JUSTICE SYSTEM;
OR
3. DRAFTED, CREATED OR ISSUED BY A PERSON OR GOVERNMENTAL ENTITY,
ACTING PURSUANT TO THE COMMENCEMENT OR PROSECUTION OF CIVIL OR CRIMINAL
LITIGATION, BEFORE A RECOGNIZED COURT, TRIBUNAL, OR OTHER JUDICIAL OR
QUASI JUDICIAL BODY; OR
4. DRAFTED, CREATED OR ISSUED BY A PERSON OR GOVERNMENTAL ENTITY,
ACTING UNDER THE JURISDICTION OF A RECOGNIZED COURT, TRIBUNAL, OR OTHER
JUDICIAL OR QUASI JUDICIAL BODY, OR THE STATE CRIMINAL JUSTICE SYSTEM.
JURISPRUDENTIAL FRAUD IN THE SECOND DEGREE IS A CLASS A MISDEMEANOR.
S 189.10 JURISPRUDENTIAL FRAUD IN THE FIRST DEGREE.
A PERSON IS GUILTY OF JURISPRUDENTIAL FRAUD IN THE FIRST DEGREE WHEN:
1. HE OR SHE KNOWINGLY AND INTENTIONALLY DISTRIBUTES, SERVES, FILES,
PRODUCES OR PUBLISHES A JURISPRUDENTIAL DOCUMENT, REPRESENTING THAT SUCH
DOCUMENT WAS:
(A) DRAFTED, CREATED OR ISSUED BY A COURT, TRIBUNAL, OR OTHER JUDICIAL
OR QUASI JUDICIAL BODY; OR
(B) DRAFTED, CREATED OR ISSUED BY A PERSON OR GOVERNMENTAL ENTITY,
ACTING UPON THE AUTHORITY OF A COURT, TRIBUNAL, OR OTHER JUDICIAL OR
QUASI JUDICIAL BODY; OR
(C) DRAFTED, CREATED OR ISSUED BY A PERSON OR GOVERNMENTAL ENTITY,
ACTING PURSUANT TO THE COMMENCEMENT OR PROSECUTION OF CIVIL OR CRIMINAL
LITIGATION, BEFORE A COURT, TRIBUNAL, OR OTHER JUDICIAL OR QUASI JUDI-
CIAL BODY; OR
(D) DRAFTED, CREATED OR ISSUED BY A PERSON OR GOVERNMENTAL ENTITY,
ACTING UNDER THE JURISDICTION OF A COURT, TRIBUNAL, OR OTHER JUDICIAL OR
QUASI JUDICIAL BODY; AND
2. WHEN SUCH JURISPRUDENTIAL DOCUMENT WAS NOT:
(A) DRAFTED, CREATED OR ISSUED BY A RECOGNIZED COURT, TRIBUNAL, OR
OTHER JUDICIAL OR QUASI JUDICIAL BODY; OR
(B) DRAFTED, CREATED OR ISSUED BY A PERSON OR GOVERNMENTAL ENTITY,
ACTING UPON THE AUTHORITY OF A RECOGNIZED COURT, TRIBUNAL, OR OTHER
JUDICIAL OR QUASI JUDICIAL BODY, OR THE STATE CRIMINAL JUSTICE SYSTEM;
OR
(C) DRAFTED, CREATED OR ISSUED BY A PERSON OR GOVERNMENTAL ENTITY,
ACTING PURSUANT TO THE COMMENCEMENT OR PROSECUTION OF CIVIL OR CRIMINAL
LITIGATION, BEFORE A RECOGNIZED COURT, TRIBUNAL, OR OTHER JUDICIAL OR
QUASI JUDICIAL BODY; OR
(D) DRAFTED, CREATED OR ISSUED BY A PERSON OR GOVERNMENTAL ENTITY,
ACTING UNDER THE JURISDICTION OF A RECOGNIZED COURT, TRIBUNAL, OR OTHER
JUDICIAL OR QUASI JUDICIAL BODY, OR THE STATE CRIMINAL JUSTICE SYSTEM.
JURISPRUDENTIAL FRAUD IN THE FIRST DEGREE IS A CLASS D FELONY.
S 189.15 FILING A RETALIATORY RECORD OR INSTRUMENT AGAINST A PUBLIC
OFFICER.
1. A PERSON IS GUILTY OF FILING A RETALIATORY RECORD OR INSTRUMENT
AGAINST A PUBLIC OFFICER, WHEN HE OR SHE, WITH THE INTENT TO INTIMIDATE,
INJURE OR INFLUENCE A PUBLIC OFFICER, FILES, ATTEMPTS TO FILE OR
CONSPIRES TO FILE, A FALSE, FICTITIOUS, FRAUDULENT OR FRIVOLOUS RECORD
OR INSTRUMENT, INCLUDING A LIEN OR ENCUMBRANCE AGAINST THE REAL OR
PERSONAL PROPERTY OF A PUBLIC OFFICER, IN RETALIATION FOR OR ON ACCOUNT
OF THE PERFORMANCE OF THE OFFICIAL DUTIES OF SUCH PUBLIC OFFICER.
2. FOR THE PURPOSES OF THIS SECTION, "PUBLIC OFFICER" SHALL MEAN ANY
OFFICER OR EMPLOYEE OF:
(A) THE STATE;
(B) A POLITICAL SUBDIVISION OF THE STATE;
(C) THE FEDERAL GOVERNMENT;
S. 4242 5
(D) A SCHOOL DISTRICT; OR
(E) A PUBLIC AUTHORITY.
FILING A RETALIATORY RECORD OR INSTRUMENT AGAINST A PUBLIC OFFICER IS
A CLASS D FELONY.
S 189.20 JURISPRUDENTIAL FRAUD OFFENSES; DEFENSES.
IN ANY PROSECUTION FOR JURISPRUDENTIAL FRAUD IN THE FIRST DEGREE, AS
DEFINED IN SECTION 189.10, OR JURISPRUDENTIAL FRAUD IN THE SECOND
DEGREE, AS DEFINED IN SECTION 189.05, OR FILING A RETALIATORY RECORD OR
INSTRUMENT AGAINST A PUBLIC OFFICER, AS DEFINED IN SECTION 189.15 OF
THIS ARTICLE, IT SHALL BE AN AFFIRMATIVE DEFENSE, THAT THE DEFENDANT IN
HIS OR HER CAPACITY AS A PUBLIC OFFICER, DISTRIBUTED, SERVED, FILED,
PRODUCED OR PUBLISHED A JURISPRUDENTIAL DOCUMENT BELIEVING IT TO HAVE
BEEN:
1. DRAFTED, CREATED OR ISSUED BY A RECOGNIZED COURT, TRIBUNAL, OR
OTHER JUDICIAL OR QUASI JUDICIAL BODY; OR
2. DRAFTED, CREATED OR ISSUED BY A PERSON OR GOVERNMENTAL ENTITY,
ACTING UPON THE AUTHORITY OF A RECOGNIZED COURT, TRIBUNAL, OR OTHER
JUDICIAL OR QUASI JUDICIAL BODY; OR
3. DRAFTED, CREATED OR ISSUED BY A PERSON OR GOVERNMENTAL ENTITY,
ACTING PURSUANT TO THE COMMENCEMENT OR PROSECUTION OF CIVIL OR CRIMINAL
LITIGATION, BEFORE A RECOGNIZED COURT, TRIBUNAL, OR OTHER JUDICIAL OR
QUASI JUDICIAL BODY; OR
4. DRAFTED, CREATED OR ISSUED BY A PERSON OR GOVERNMENTAL ENTITY,
ACTING UNDER THE JURISDICTION OF A RECOGNIZED COURT, TRIBUNAL, OR OTHER
JUDICIAL OR QUASI JUDICIAL BODY.
S 5. The county law is amended by adding a new section 531 to read as
follows:
S 531. PROHIBITED FILINGS. THE COUNTY CLERK SHALL NOT ACCEPT FOR
FILING ANY JURISPRUDENTIAL DOCUMENT, AS DEFINED IN SUBDIVISION ONE OF
SECTION 189.00 OF THE PENAL LAW, FROM ANY COURT, TRIBUNAL, OR OTHER
JUDICIAL OR QUASI JUDICIAL BODY THAT IS NOT A RECOGNIZED COURT, TRIBU-
NAL, OR OTHER JUDICIAL OR QUASI JUDICIAL BODY, AS DEFINED IN SUBDIVISION
TWO OF SECTION 189.00 OF THE PENAL LAW. ANY SUCH DOCUMENT MISTAKENLY
FILED OR RECEIVED FOR FILING, SHALL BE DEEMED TO HAVE NEVER BEEN SO
FILED OR RECEIVED FOR FILING, AND SHALL BE FURTHER DEEMED AS VOID AS A
MATTER OF LAW. THE ATTORNEY GENERAL SHALL ANNUALLY PROVIDE ALL COUNTY
CLERKS WITH A COMPLETE LIST OF ALL RECOGNIZED COURTS, TRIBUNALS, AND
JUDICIAL AND QUASI JUDICIAL BODIES PURSUANT TO SECTION SIXTY-FIVE-A OF
THE EXECUTIVE LAW.
S 6. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law; provided, however,
that effective immediately, the attorney general shall promulgate such
rules and regulations as shall be necessary for the timely implementa-
tion of the provisions of this act on its effective date.