This Amendment clarifies the language at line 29 of the original bill with regards to the areas surrounding the courthouse that are covered.

Plain English Breakdown

The official status shows this amendment was introduced but does not confirm if it has been passed into law yet, only that it reached final enrollment according to metadata which may be conflicting with 'Introduced' last action.

Amendment Clarifying Courthouse Areas and Civil Arrest Rules

This amendment defines specific areas around a courthouse where rules apply and allows police to make civil arrests inside the building if they give written notice to the judge first.

What This Bill Does

• Updates the list of places covered by the law to include public entryways, driveways, sidewalks, parking areas for the courthouse, grounds, and immediate surroundings.
• Allows a law enforcement officer to make a civil arrest inside a courthouse if they give written notice to the presiding judge before doing so.
• Requires the written notice to list the name of the person to be arrested.

Who It Names or Affects

• Law enforcement officers working near or inside courthouses
• Presiding judges at local courts

Terms To Know

Civil arrest

An arrest made for a non-criminal violation, such as failing to appear in court.

Presiding judge

The main judge currently leading the courtroom proceedings who must receive notice before an arrest happens inside.

Limits and Unknowns

• This text only shows changes to House Bill No. 150 and does not include the full original bill.
• The effective date for when these rules start has not been listed in this document.

Official Summary Text

This Amendment clarifies the language at line 29 of the original bill with regards to the areas surrounding the courthouse that are covered. This Amendment also adds a provision that allows law enforcement officers to conduct a civil arrest in a courthouse if the law enforcement officer provides the presiding judge with written notice.

Current Bill Text

Legislation Document

SPONSOR:

Rep. Gorman

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE AMENDMENT NO. 1

TO

HOUSE BILL NO. 150

AMEND House Bill No. 150 by deleting lines 6 and 7 in their entirety and inserting in lieu thereof the following:

“

necessary and appropriate to safeguard the administration of justice by its courts. Cox v. Louisiana, 379 U.S. 559, 562 (1965); and

”.

FURTHER AMEND House Bill No. 150 by deleting line 29 in its entirety and inserting in lieu thereof the following:

“

(b) This prohibition applies to any contiguous public entryways, driveways, sidewalks, parking areas intended to serve the courthouse, grounds, and the immediate surroundings of the courthouse.

”.

FURTHER AMEND House Bill No. 150 by deleting line 30 in its entirety and inserting in lieu thereof the following:

“

§ 8203. Prohibition on civil arrest; exceptions.

(a) § 8201 of this title does not apply to arrests made pursuant to a judicial order authorizing such arrest.

(b) A law enforcement officer may conduct a civil arrest within a courthouse if the law enforcement officer provides the presiding judge written notice of the arrest in advance. The written notice to the presiding judge must include the following:

(1) The name of the individual to be arrested.

(2) The nature of the civil violation.

(3) A copy of the citation associated with the listed civil violation or other paperwork that documents the listed civil violation.

(4) The time and location that the arrest will be attempted.

”.

FURTHER AMEND House Bill No. 150 at line 31 by deleting “

8203

” as it appears therein and inserting in lieu thereof “

8204

”.

SYNOPSIS

This Amendment clarifies the language at line 29 of the original bill with regards to the areas surrounding the courthouse that are covered. This Amendment also adds a provision that allows law enforcement officers to conduct a civil arrest in a courthouse if the law enforcement officer provides the presiding judge with written notice.