The bill amends the Revised Judicature Act of 1961, specifically section 1821, to clarify the exemptions from civil arrest for certain individuals while they are performing their official duties. It establishes that officers of the Senate or House of Representatives, individuals under 16 years of age, parties, attorneys, and subpoenaed witnesses are exempt from arrest on civil process while attending to their official responsibilities. The language has been updated to replace terms such as "no" with "an" and "shall" with "may not," thereby modernizing the text and making it more inclusive.
Additionally, the bill specifies that individuals who are in the state under a subpoena for a criminal proceeding cannot be arrested for offenses committed prior to their entry into the state. It also clarifies that civil arrests made contrary to these provisions are void and constitute contempt of court. The bill outlines the responsibilities of the court or judge in discharging individuals wrongfully arrested and establishes penalties for those who make or procure such unlawful arrests. Overall, the amendments aim to protect the rights of individuals involved in legal proceedings while ensuring the integrity of the judicial process.
Statutes affected: House Introduced Bill: 600.1821