S2045AaaCriminal Procedure

Criminal Procedure - Protect Our Courts Act

This bill protects people attending court proceedings from civil arrests without a specific judicial warrant.

Introduced33 Yea5 Nay0 Not voting

Population
Affected

Introduced Jan 9, 2026Committee Senate Judiciary

Plain-English Summary

This bill, known as the "Protect Our Courts Act," prevents people from being arrested for civil matters (like non-criminal immigration issues or civil debt) while they are traveling to, attending, or returning from a court proceeding. This applies to people involved in the case, potential witnesses, and their family members. An exception is made if law enforcement has a specific warrant or order from a judge authorizing the civil arrest. The law allows individuals or the state attorney general to sue anyone who violates these rules and requires law enforcement to check in with court security before making arrests.

For younger readers

This bill makes a rule that police or other officers usually cannot arrest someone for a non-criminal reason while they are going to, sitting in, or leaving a courthouse. A non-criminal reason might be owing money. The rule protects people who are part of the court case, witnesses, and their families. Officers can only make this kind of arrest at a courthouse if a judge gives them a special permission paper called a warrant. If someone breaks this rule, they can get in trouble or be sued.

Who & Where It Applies

Impacted groups

Undocumented immigrantsLaw enforcement officersCourt witnessesJudges and court personnelIndividuals with civil debts

Impacted communities

All

Constitutional & Fiscal Check

None Likely. The bill regulates state courthouse operations and the execution of civil arrests within state jurisdiction. It requires judicial warrants for civil arrests within courthouses, which aligns with Fourth Amendment protections against unreasonable seizures. While it may conflict with federal immigration enforcement priorities, states have the authority to manage their own judicial facilities and are not constitutionally required to facilitate federal civil immigration enforcement under the anti-commandeering doctrine of the Tenth Amendment.

Estimated cost

Amount unknown

Estimated revenue

None

Bill Analysis

Both viewpoints

For Progressives

Protects undocumented immigrants and marginalized groups from being targeted by federal immigration enforcement while attending state court proceedings, ensuring equal access to the justice system.
Guarantees that victims of crimes, including domestic violence, and critical witnesses can safely appear in court without the fear of civil arrest, promoting public safety and community welfare.
Establishes strict oversight and accountability mechanisms by allowing civil lawsuits against law enforcement officers who violate these rules, checking potential abuses of state power.
Still permits civil arrests in and around courthouses if law enforcement obtains a judicial warrant, leaving a loophole that federal agencies could exploit to detain vulnerable individuals.
Grants explicit exemptions from liability for judicial branch personnel or law enforcement acting lawfully, which might make it difficult to hold certain actors accountable for assisting in civil arrests.
Requires victims of unlawful civil arrests to initiate complex civil litigation to seek equitable relief, which can be an expensive and inaccessible process for poor and disadvantaged communities.

For Conservatives

Reinforces the rule of law and judicial authority by strictly requiring law enforcement officers to obtain a judge's warrant before executing civil arrests on courthouse grounds.
Protects individuals from potential government overreach and harassment by federal or state agents while exercising their fundamental right to participate in the judicial process.
Shields court personnel and law enforcement officers from civil liability when they are lawfully executing their duties to maintain safety and order in the courts.
Creates a sanctuary environment in courthouses by severely restricting federal immigration officials from making civil immigration arrests, potentially undermining national border security efforts.
Exposes law enforcement officers to civil lawsuits and potential contempt of court charges simply for attempting to enforce civil laws and outstanding detainers.
Adds bureaucratic hurdles and reporting requirements for law enforcement officers, such as mandatory check-ins and incident reports, slowing down legitimate law enforcement work.

Votes

Loading votes...

Full Bill Text

3 versions

Changes to existing Rhode Island law · 76 additions

SECTION 1. Title 12 of the General Laws entitled "CRIMINAL PROCEDURE" is hereby amended by adding thereto the following chapter: 12-34-1. Short title. This act shall be known and may be cited as the "Protect Our Courts Act." 12-34-2. Definitions. For the purposes of this chapter, the following words and terms have the following meanings:

(1) "Civil arrest" means an arrest that is not:

(i) For the sole or primary purpose of preparing the person for criminal prosecution for an alleged violation of the criminal law of this state, another state, or the United States, for which a sentence of imprisonment is authorized by law and which requires an appearance before a judicial officer; or

(ii) For contempt of the court in which the court proceeding is taking place or will take place.

(2) "Court proceeding" means any appearance in a court of this state before a judge, justice, or magistrate ordered or scheduled by such judicial officer, or the filing of papers designed to initiate such an appearance.

(3) “Family or household member” shall have the same meaning as set forth in § 12-29-2.

(4) "Judicial warrant or judicial order authorizing such civil arrest" means an arrest warrant or other judicial order issued by a judicial officer of a local, state, or federal court, authorizing a civil arrest and issued by the court in which proceedings following such arrest will be heard and determined. 12-34-3. Privilege from civil arrest at court proceedings.

(a) A person duly and in good faith attending a court proceeding in which such person is a party or potential witness, or in which a family or household member is a party or potential witness, shall be 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, including body attachments and material witness warrants.

(b) It may constitute contempt of court and false imprisonment for any person to willfully violate § 12-34-3(a), or an order of the court issued pursuant to § 12-34-6, by executing an arrest prohibited by this section or by willfully assisting in such prohibited arrest; provided, however, that nothing in this subsection shall affect any right or defense of any person, law enforcement officer, peace officer, or public officer acting pursuant to lawful authority, or any judicial branch personnel acting lawfully pursuant to their duty to maintain safety and order in the courts. 12-34-4. Civil actions; enforcement. Regardless of whether a proceeding for contempt of court pursuant to § 12-34-3(b) has been initiated:

(1) A person described in § 12-34-3(a) may bring a civil action for appropriate equitable and declaratory relief if such person has reasonable cause to believe that a violation of §§ 12-34-3 or 12-34-6 has occurred or may occur; and

(2) The attorney general of the State of Rhode Island may bring a civil action in the name of the state to obtain appropriate equitable and declaratory relief if the attorney general has reasonable cause to believe that a violation of §§ 12-34-3 or 12-34-6 has occurred or may occur.

(3) In any successful action pursuant to § 12-34-3, a plaintiff or petitioner may recover costs and reasonable attorneys' fees. 12-34-5. Preservation of existing rights. Nothing in this chapter shall be construed to narrow, limit, or otherwise lessen any common law or statutory right or privilege of a person privileged from arrest under this chapter or otherwise. 12-34-6. Authority of the courts. In order to maintain access to the courts and open judicial proceedings for all persons in their individual capacity and to prevent interference with the needs of judicial administration, any court of this state shall have the authority to issue appropriate judicial orders to protect the privilege from civil arrest in accordance with this chapter. 12-34-7. Courthouse arrest procedures; rulemaking. The chief justice of the supreme court, or the court administrator acting under the authority of the chief justice, may promulgate rules consistent with this chapter to ensure the following:

(1) Any representative of a law enforcement agency who, while acting in an official capacity, enters a courthouse of this state intending to observe an individual or take an individual into custody shall identify himself or herself to court security personnel and state the specific law enforcement purpose and proposed enforcement action.

(2) Any warrant or judicial order concerning such intended arrest shall be promptly reviewed by appropriate judicial personnel.

(3) Except in extraordinary circumstances, no arrest shall be made in a courtroom without leave of the court.

(4) No civil arrest shall be executed inside a courthouse of this state except pursuant to a judicial warrant or judicial order authorizing such arrest, including body attachments and material witness warrants.

(5) An incident or occurrence report shall be filed for every enforcement action taken inside a courthouse. 12-34-8. Limitation on actions against judiciary personnel. No action or proceeding may be commenced pursuant to this chapter against the judicial branch or any judicial branch personnel acting lawfully pursuant to their duty to maintain safety and order in the courts. 12-34-9. Severability. If any provision of this chapter or the application thereof to any person or circumstance is held invalid by a court of competent jurisdiction, such invalidity shall not affect the remaining provisions or applications of this chapter, and to that end the provisions of this chapter are declared to be severable.

SECTION 2. This act shall take effect upon passage.