Prohibits the civil arrest of any person who is attending court either on behalf of themselves or a family or household member. Any person who violates this act shall be subject to civil suit, and for contempt of court.
Summary
S0291 creates a new section in Rhode Island’s arrest statutes limiting “civil arrest” for people who are going to, remaining at, or returning from court proceedings. The bill protects a person who is attending court for themselves or for a family or household member, so long as the attendance is in good faith and the arrest is not supported by a warrant or other judicial order. It also covers people seeking immediate access to the courts or participating in a judicial proceeding, with an exception for crimes committed in the immediate presence of a law enforcement officer.
The bill defines “civil arrest” and “court proceeding” broadly, and it treats a willful violation as contempt of court and false imprisonment. It also authorizes a person arrested in violation of the section to seek equitable and declaratory relief, allows the attorney general to bring an action on the person’s behalf or on behalf of the court, and provides for reasonable attorneys’ fees in successful actions. The measure is effective upon passage and preserves existing common-law and other protections against unlawful arrest.
Impact
This bill would add a new statutory limitation to Rhode Island General Laws chapter 12-7 governing arrests, creating a specific privilege against civil arrest connected to court attendance. It would affect law enforcement, private parties, and any person attempting to execute or facilitate a civil arrest, while also creating new remedies through civil litigation and contempt proceedings. The bill would not eliminate criminal arrests based on valid warrants or other judicial orders, and it expressly preserves existing rights and defenses related to unlawful arrest.
Sentiment
The available materials show a generally protective, rights-oriented purpose behind the bill, aimed at ensuring access to the courts without fear of civil arrest. The bill’s caption and text suggest support for safeguarding litigants, witnesses, and family members involved in judicial proceedings. No committee testimony or recorded votes are provided, so there is no documented opposition or formal sentiment from debate in the available record.
Contention
The main potential point of contention is the scope of the protection, especially the broad definition of court-related attendance and the inclusion of family or household members. Another possible issue is enforcement: the bill exposes violators to contempt, false imprisonment claims, attorney general action, and attorneys’ fees, which could raise concerns for law enforcement or private actors about liability and the risk of interfering with lawful arrests. The bill’s exception for arrests supported by warrants or other judicial orders appears designed to limit that concern, but the balance between court-access protections and arrest authority is the central policy tension.