Rhode Island HB 6121: AN ACT RELATING TO CRIMINAL PROCEDURE -- ARREST

Bill Text

2025 -- H 6121 
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S T A T E     O F     R H O D E     I S L A N D 
IN GENERAL ASSEMBLY 
JANUARY SESSION, A.D. 2025 
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A N   A C T 
RELATING TO CRIMINAL PROCEDURE -- ARREST 
Introduced By: Representative Jose F. Batista 
Date Introduced: March 21, 2025 
Referred To: House Judiciary 
 
 
It is enacted by the General Assembly as follows: 
SECTION 1.  Chapter  12-7  of  the  General  Laws entitled  "Arrest" is  hereby  amended  by 1 
adding thereto the following section: 2 
12-7-23. Limitations on civil arrests. 3 
(a)  Except  as  provided  in  subsection  (b)  of  this  section  or  for  a  crime  committed  and 4 
witnessed in the immediate presence of a law enforcement officer, no person shall be arrested while 5 
in the act of seeking immediate access to the courts or a judicial proceeding. 6 
(b) A person duly and in good faith attending a court proceeding in which the person is a 7 
party  or  potential  witness,  or  a  family  or  household  member  is  a  party  or  potential  witness,  is 8 
privileged from civil arrest while going to, remaining at, and returning from, the place of the court 9 
proceeding,  unless  the  arrest  is  supported  by  an  arrest  warrant  issued  by  a  court  of  competent 10 
jurisdiction or other judicial order authorizing a criminal or civil arrest. Evidence of intent to attend 11 
a court proceeding shall include, but not be limited to, providing a copy of a complaint, summons, 12 
subpoena  or  documents  involving  the  person  or  a  family  or  household  member  relative  to  a 13 
contemporaneously scheduled court hearing. 14 
(c)  It  shall  constitute  contempt  of  the  court  and  false  imprisonment  for  any  person  to 15 
willfully violate this section by executing an arrest prohibited by this section or willfully assisting 16 
or willfully facilitating an arrest prohibited by this section; provided, however, that nothing herein 17 
shall affect any right or defense of any person, police officer, peace officer or public officer for an 18 
arrest made in good faith. 19 

 
 
 
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(d) Regardless of whether a proceeding for contempt of the court pursuant to subsection 1 
(c) of this section has been initiated: 2 
(1) A person arrested in violation of this section may bring a civil action for appropriate 3 
equitable and declaratory relief; 4 
(2) The department of attorney general may bring an action on behalf of the person arrested 5 
and/or on behalf of the court in the court's discretion; and 6 
(3) In any successful action brought pursuant to the provision of this section, the person 7 
shall be entitled to reasonable attorneys' fees. 8 
(e) Nothing contained in this section shall be construed to narrow or in any way lessen any 9 
common law or other right or privilege of a person to be free from unlawful arrest. 10 
(f) As used in this section: 11 
(1) "Civil arrest" means an arrest that is not for the sole or primary purpose of preparing 12 
the person subject to arrest for a violation of criminal law for which a duly authorized arrest warrant 13 
has been executed by a judge of this state, any other state or by a federal judge or magistrate for 14 
which a term of imprisonment is authorized by law. 15 
(2) "Court proceeding" means any appearance in a court of this state before any judge or 16 
magistrate or other judicial officer or a hearing scheduled by any judicial officer, including clerks 17 
of  the  court,  or  the  filing  of  any  papers,  petitions  or requests  for  relief  designed  to  initiate  an 18 
appearance before any judge, magistrate or judicial officer. 19 
(3)  "Family  or  household  member"  shall  have  their  ordinary  meanings  and  shall  mean 20 
anyone related by blood or marriage and any persons who are co-habiting. 21 
(g) If any provision of this section or the application thereof to any person or circumstances 22 
is held invalid, such invalidity shall not affect other provisions or applications of this section, which 23 
can be given effect without the invalid provision or application, and to this end, the provisions of 24 
this section are declared to be severable.  25 
SECTION 2. This act shall take effect upon passage. 26 
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EXPLANATION 
BY THE LEGISLATIVE COUNCIL 
OF 
A N   A C T 
RELATING TO CRIMINAL PROCEDURE -- ARREST 
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This act would prohibit the civil arrest of any person who is attending court either on behalf 1 
of themselves or a family or household member. Any person who violates this act would be subject 2 
to civil suit, and for contempt of court. 3 
This act would take effect upon passage. 4 
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