Courthouses: privilege from civil arrest.
Vote required
Majority
Fiscal committee
No
Appropriation
No
Current location
Passed
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Senate
- Passed Assembly
- To Governor
- Became Law
Overview
This bill establishes a privilege against civil arrest for individuals attending court proceedings or conducting legal business in courthouses. It prohibits law enforcement from arresting someone while traveling to, present at, or leaving a courthouse for a lawful activity. The bill also outlines procedures for law enforcement entering courthouses, requiring identification, purpose disclosure, and warrant presentation to court security, and grants individuals the right to sue for damages if unlawfully arrested. Furthermore, it mandates the Judicial Council to collect and publicly report data on civil arrests in courthouses.
Key provisions
- Prohibits civil arrest while traveling to, present at, or leaving a courthouse for lawful activity.
- Requires law enforcement entering a courthouse to identify themselves, state their purpose, and provide a warrant.
- Grants individuals the right to sue for damages if unlawfully arrested.
- Authorizes the Attorney General to bring civil actions for violations.
- Requires court security personnel to request information from law enforcement entering a courthouse.
- Mandates the Judicial Council to annually report statistics on civil arrests by county.
- Establishes a process for the Judicial Council to promulgate rules related to the privilege.
- Defines key terms such as ‘arrest,’ ‘civil arrest,’ and ‘courthouse’.
Who is affected
- Individuals attending court proceedings
- Law enforcement agencies (local, state, and federal)
Bill text
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