Locations where certain arrests can be made restricted.

A bill for an act

relating to public safety; restricting locations where certain arrests can be made;

proposing coding for new law in Minnesota Statutes, chapter 629.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

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[629.311] CIVIL ARREST RESTRICTIONS.

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Subdivision 1.

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Definitions.

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(a) For purposes of this section, the following terms have

the meanings given.

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(b) "Arrest" means a law enforcement agency or its officers taking an individual into

custody.

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(c) "Civil arrest" means an arrest that is not:

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(1) a criminal arrest for an alleged criminal violation of any federal, state, or local law;

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(2) for a violation of a condition of probation, parole, pretrial release, supervised release,

or mandatory supervised release for which arrest is otherwise authorized by law; or

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(3) supported by a judicial warrant or judicial order authorizing the arrest.

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(d) "Court companion" means any of the following individuals whose purpose is to

support, assist, or accompany a person who is going to, remaining at, or returning from a

court proceeding: a spouse, domestic partner, or person who has a dating or engagement

relationship with the party, witness, or potential witness; a biological parent, foster parent,

adoptive parent, or stepparent of a party, witness, or potential witness; minor children or

other persons under the care of a party, witness, or potential witness; an interpreter, translator,

or other person assisting the party, witness, or potential witness with reading or completing

court forms or other documents; persons providing health care or assistance to a party,

witness, or potential witness to allow that individual to participate in the court proceeding;

a case manager or social worker for the party, witness, or potential witness; a domestic

violence or sexual assault advocate; or a person transporting a party, witness, or potential

witness to or from the court proceeding.

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(e) "Court proceeding" means the business conducted by a state court or a matter pending

under the jurisdiction or supervision of a state court, including but not limited to civil

proceedings and criminal proceedings.

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(f) "Judicial warrant or judicial order authorizing the arrest" means a written order from

a state court or federal Article III court that directs a law enforcement agency or some other

person who is specifically named in the order to arrest a person.

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(g) "Law enforcement agency" means a federal, state, or local governmental entity with

statutory police powers and the authority to employ individuals authorized to make arrests.

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Subd. 2.

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Restrictions.

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(a) A person duly and in good faith attending a state court

proceeding in which the person is a party, witness, potential witness, or court companion

of a party, witness, or potential witness is privileged from civil arrest while going to,

remaining at, and returning from the court proceeding, including:

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(1) at the place of the court proceedings;

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(2) within the courthouse building;

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(3) on the premises of the courthouse, including parking facilities serving the courthouse;

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(4) on any sidewalk, parkway, or street surrounding the courthouse and its premises;

and

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(5) on any public way within 1,000 feet of the courthouse, including a sidewalk, parkway,

or street.

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(b) Nothing in this section shall be construed to narrow, or in any way lessen, any

common law or other right or privilege of a person privileged from arrest under this section

or otherwise.

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(c) The protections in this section apply regardless of whether a judicial order under

subdivision 3 is issued or a court otherwise implements this section by a rule or order.

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(d) Nothing in this section precludes the execution of a criminal arrest warrant issued

by a judge or a criminal arrest based on probable cause for a violation of criminal law.

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Subd. 3.

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Court order.

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In order to maintain access to the court and open judicial

proceedings for all persons in their individual capacity and to prevent interference with the

needs of judicial administration, a court may issue appropriate judicial orders to protect the

privilege from arrest under this section or common law.

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Subd. 4.

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Civil action; enforcement; remedies.

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(a) A person who violates this section

is liable for civil damages for false imprisonment, including actual damages and statutory

damages of $10,000, if that person knew or reasonably should have known that the person

arrested is a person duly and in good faith attending, going to, or returning from a state

court proceeding in which the person is a party, witness, potential witness, or court

companion of a party, witness, or potential witness.

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(b) A court may grant any other equitable or declaratory relief it deems appropriate and

just.

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(c) In any successful action under this subdivision, a plaintiff or petitioner may recover

costs and reasonable attorney fees.

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(d) No action or proceeding may be commenced under this section against the state court

system or any state court system personnel acting lawfully under their duty to maintain

safety and order in the courts.

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(e) Nothing in this section affects any right or defense, including any existing qualified

immunity defense, of any person, police officer, peace officer, or public officer or any state

court system personnel acting lawfully.

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