SB 873

Introduced by Senators Reyes and Umberg
(Coauthors: Senators Durazo and Gonzalez)
(Coauthors: Assembly Members Addis, Kalra, Papan, and Zbur)
An act to add Sections 43.541 and 43.542 to, and to repeal and add Section 43.54 of, the Civil Code, relating to courts.
courts
Courthouses: privilege from civil arrest.
Existing law prohibits a person from being subject to civil arrest in a courthouse while attending a court proceeding or having legal business in a courthouse, except pursuant to a valid judicial warrant. Existing law confers specified powers to judicial officers, including to preserve and enforce order in the officer’s immediate presence and in proceedings before the officer, to compel obedience to the officer’s lawful orders, and to prohibit activities that threaten access to courthouses and court proceedings, including protecting the privilege from civil arrest at courthouses and court proceedings.
This bill would prohibit a person from being subject to civil arrest while traveling to, while present at, or while traveling from a courthouse for any lawful activity, as defined. The bill would authorize a court to issue appropriate judicial
			 orders to protect the privilege from civil arrest. Under the bill, a civil arrest in violation of these provisions or the common law privilege against civil arrest would constitute false imprisonment or false arrest if the person was going to, remaining at, or returning from court for any lawful activity, and each person in violation of these provisions or who assists in the
			 violation of these provisions would be liable for civil damages for the tort of false imprisonment or false arrest, including actual damages and statutory damages of $10,000. The bill would authorize a party in a successful action to recover court costs and reasonable attorney’s fees. The bill would exempt a court, judicial officer, or court personnel acting lawfully pursuant to their duty to maintain safety and order in the courts from any action or proceeding pursuant to these provisions.
This bill would require, when court security personnel are aware that any representative of a law enforcement agency, while acting in an official capacity, enters a courthouse, that court security personnel request the law enforcement representative or representatives identify themselves and state their specific law enforcement purposes and
			 intended enforcement action to be taken, and request from the law enforcement representative or representatives a copy of a valid judicial warrant concerning the intended enforcement action to be taken. The bill would require, if court security personnel are aware there is an attorney representing a person named in the judicial warrant in any capacity, that court security personnel request the law enforcement representative to afford the attorney the right to review the warrant.
This bill would require the Judicial Council to annually prepare a report compiling statistics, aggregated by county, of information related to civil arrests, as specified. The bill would require the Judicial Council to publicly post the report on its public internet website.
 This bill would also make related findings and declarations and specify that the provisions of this act are severable.
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares the following:
(a) California courts are a cornerstone of California’s government. The judicial power of this state is vested in the Supreme Court, Courts of Appeal, and superior courts, and California courts play an essential role in the peaceful and just resolution of
				disputes, the protection of due process, the vindication of rights, and the state’s ability to promote the public health, safety, and general welfare of all persons in California.
(b) Meaningful access to courts and the court’s ability to administer justice is, therefore, a matter of statewide concern. They foster fairness, protect the integrity of judicial proceedings, and promote public confidence in, and respect for, the judicial process.
(c) California law has long recognized that the administration of justice is undermined when parties, witnesses, or other participants in judicial proceedings are deterred from attending court. Section 1209 of the Code of Civil Procedure, first enacted in 1872 and rooted in earlier California practice and common law principles, treats as contempt the unlawful detention of a witness or party to an action while they are going to, remaining at, or returning from the court where the action is on the calendar for trial.
(d) The privilege against civil arrest in connection with court attendance and other lawful activity at courthouses is a longstanding common law doctrine, recognized in English and American law to protect the administration of justice by ensuring that parties, witnesses, and other necessary participants may attend court without fear of arrest in unrelated civil matters.
				California has codified protection against civil arrest in courthouses while preserving that broader common law privilege. Section 43.54 of the Civil Code, which provides that a person shall not be subject to civil arrest in a courthouse while attending a court proceeding or having legal business in the courthouse, expressly preserves any existing common law privilege and does not apply to arrests made pursuant to a valid judicial warrant.
(e) Subjecting persons to arrest for civil, noncriminal matters while they are attending or attempting to attend or after they have attended court proceedings, when these persons have lawful business at a courthouse or are accompanying or assisting a party, witness, potential witness, victim, family member, or other court user, threatens the fair administration of justice in this state.
(f) Victims, witnesses, litigants, and other court users
				may be reluctant to attend and participate in court proceedings, report crimes, seek protective orders, pursue legal remedies, comply with subpoenas, or otherwise access the justice system when they fear civil arrest in or near courthouses or while going to, remaining at, or returning from court proceedings.
(g) Civil arrests connected to lawful activity at courthouses impose burdens on California courts, court staff, litigants, attorneys, victims, witnesses, and the public by causing failures to appear, adjournments, delays, continuances, and postponements; by impairing courts’ abilities to obtain testimony and evidence necessary for fair and accurate factfinding; and by limiting open access to judicial proceedings.
(h) Civil arrests connected to courthouse attendance also interfere with the ability of attorneys to represent clients diligently and to fulfill their duties as
				officers of the court. Attorneys should not be forced to choose between advising clients to appear in court and exposing those clients, witnesses, family members, or other necessary participants to the risk of civil arrest.
(i) Civil arrests in or near courthouses or while a person is going to, remaining at, or returning from a court proceeding or other lawful activity at court, threaten the functioning of the California court system by deterring litigants, witnesses, victims, family members, and other participants from appearing, participating in, and observing judicial proceedings.
(j) California has a sovereign interest and authority to protect the effective functioning, independence, integrity, and operation of its judicial system, including by ensuring that courts remain open and accessible to all persons whose presence is necessary for the administration of justice.
(k) Civil arrests of persons in or near California courthouses or of persons attending, attempting to attend, or returning from judicial proceedings or other lawful activities at a courthouse threaten the aforementioned public and private interests, impair core judicial functions, and undermine the fair administration of justice.
( l ) The provisions of this act are necessary to protect and preserve the integrity of the proceedings of the judicial branch of California government.
SEC. 2.
Section 43.54 of the
Civil Code
 is repealed.
SEC. 3.
Section 43.54 is added to the
Civil Code
, to read:
43.54.
(a) A person shall not be subject to civil arrest while present at a courthouse for any lawful activity.
(b) A person shall not be subject to civil arrest while
						traveling to or while traveling from a courthouse for any lawful activity.
(c) It shall be presumed that a person traveling to, traveling from, or present at a courthouse is engaging in lawful activity.
(d) This section does not narrow or in any way lessen any existing common law privilege.
(e) This section does not apply to arrests made pursuant to a valid judicial warrant.
(f) A court may issue appropriate judicial orders to protect the privilege from civil arrest under this section or common law, in addition to the powers available pursuant to Section 177 of the Code of Civil Procedure.
(g) (1) Except as provided in subdivision (c) of Section 43.541, a civil arrest in violation of this section or the common law privilege protecting persons from civil arrest while at, or coming to or from, a courthouse shall constitute the tort of false imprisonment or false arrest if the arresting person or persons knew or reasonably should have known that the person arrested was going
						to, remaining at, or returning from court for any lawful activity. Each person who violates this section, or assists in its violation, shall be liable for civil damages for false imprisonment or false arrest, including actual damages and statutory damages of ten thousand dollars ($10,000).
(2) A party in a successful action to enforce liability for a violation of this section may recover court costs and reasonable attorney’s fees.
(h) For purposes of this section, the following definitions apply:
(1) “Arrest” means the taking of an individual into custody.
(2) “Civil arrest” means the arrest of, or a communicated intent to arrest, an individual for an alleged violation of civil law.
(3) “Court proceeding” means any matter, hearing, or other judicial business conducted by, or under the supervision of, a California superior court, Court of Appeal, or the Supreme Court, including, but not limited to, trials, hearings, arraignments, case management conferences, and clerks’ office transactions.
(4) “Courthouse” means any of the following:
(A) Court facilities as described in Section 70301 of the Government Code.
(B) Any sidewalk, parkway, or street surrounding the court facilities and its premises.
(C) Any public way within one thousand feet of the court facilities including a sidewalk, parkway, or street.
(5) “Court security personnel” means peace officers, as described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, and security guards, as described in Section 7582.1 of the Business and Professions Code, who are assigned to perform court security functions under any employment, contractual, or memorandum of understanding agreement.
(6) “Lawful activity” means any activity lawfully permitted at a courthouse, including, but not limited to, any of the following:
(A) Observation of, attendance at, or involvement in court proceedings.
(B) Any activities related to one’s employment at a courthouse.
(C) Accompanying, supporting, or assisting a person who is going to, remaining at, or returning from a courthouse, including, but not limited to, any of the following:
(i) A spouse, domestic partner, or person who has a dating or engagement
						relationship with the party, witness, or potential witness.
(ii) A biological parent, foster parent, adoptive parent, or step parent of a party, witness, or potential witness.
(iii) Minor children or other persons under the care of a party, witness, or potential witness.
(iv) Interpreters.
(v) Translators.
(vi) A person assisting the party, witness, or potential witness with reading or completing court forms or other documents.
(vii) Persons providing health care or assistance to a party, witness, or potential witness to allow that individual to participate in the court proceeding.
(viii) A case manager or social worker for the party, witness, or potential witness.
(ix) A domestic violence or sexual assault advocate.
(x) A person transporting a party, witness, or potential witness to or from the court proceeding.
(D) The exercise of any constitutional rights at a courthouse.
(E) Otherwise being lawfully present at a courthouse.
SEC. 4.
Section 43.541 is added to the
Civil Code
,
immediately following Section 43.54
, to read:
43.541.
(a) When court security personnel are aware that any representative of a law enforcement agency, while acting in an official capacity, has entered a courthouse, court security personnel shall do both of the following:
(1) Request the law enforcement representative or representatives identify themselves and state their specific law enforcement purpose and the intended enforcement action to be taken.
(2) Request from the law enforcement representative or representatives a copy of a valid judicial warrant concerning the intended enforcement action to be taken.
(b) If court security personnel are aware there is an
						attorney representing a person named in the judicial warrant in any capacity, court security personnel shall request the law enforcement representative afford that attorney the right to review the warrant.
(c) An action or proceeding for the tort of false imprisonment or false arrest pursuant to Section 43.54 shall not be commenced against a court, a judicial officer, or any trial court employee, as defined in Section 71601 of the Government Code, acting lawfully pursuant to their duty to maintain safety and order in the courts.
(d) For purposes of this section, “court security personnel” has the same meaning as in Section 43.54.
SEC. 5.
Section 43.542 is added to the
Civil Code
, to read:
43.542.
(a) The Judicial Council shall annually prepare a report compiling statistics, aggregated by county, of the information related to civil arrests reported to the Judicial Council pursuant to Rule 10.440 of the California Rules of Court.
(b) The Judicial Council shall publicly post the report described in subdivision (a) on its public internet website.
SEC. 6.
The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.