Civil arrests for persons attending court proceedings prohibited, and civil remedies provided.

A bill for an act

relating to courts; prohibiting civil arrests for persons attending court proceedings;

providing civil remedies; amending Minnesota Statutes 2024, section 629.30,

subdivision 2; proposing coding for new law as Minnesota Statutes, chapter 480C.

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

Section 1.

new text begin

[480C.01] DEFINITIONS.

new text end

new text begin

Subdivision 1.

new text end

new text begin

Definitions.

new text end

new text begin

For purposes of sections 480C.01 to 480C.04, the following

terms have the meanings given.

new text end

new text begin

Subd. 2.

new text end

new text begin

Civil arrest.

new text end

new text begin

"Civil arrest" means taking a person into custody for an alleged

civil immigration violation or conducting a brief stop to serve an individual with a Form

I-862, notice to appear, or other similar document that initiates a removal proceeding. Civil

arrest does not include an arrest:

new text end

new text begin

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

new text end

new text begin

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

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

new text end

new text begin

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

new text end

new text begin

Subd. 3.

new text end

new text begin

Court companion.

new text end

new text begin

"Court companion" means:

new text end

new text begin

(1) a spouse, domestic partner, or person who has a romantic relationship with a party,

witness, or potential witness;

new text end

new text begin

(2) a biological parent, foster parent, adoptive parent, or stepparent of a party, witness,

or potential witness;

new text end

new text begin

(3) minor children or other persons under the care of a party, witness, or potential witness;

new text end

new text begin

(4) an interpreter or translator assisting a party, witness, or potential witness;

new text end

new text begin

(5) a person assisting a party, witness, or potential witness with reading or completing

court forms or documents;

new text end

new text begin

(6) a person providing health care or assistance to a party, witness, or potential witness

to allow that individual to participate in the court proceeding;

new text end

new text begin

(7) a case manager, social worker, domestic violence advocate, or sexual assault advocate

for a party, witness, or potential witness; or

new text end

new text begin

(8) a person transporting a party, witness, or potential witness to or from a court

proceeding.

new text end

new text begin

Subd. 4.

new text end

new text begin

Court proceeding.

new text end

new text begin

"Court proceeding" means a matter pending under the

jurisdiction or supervision of a state or administrative court, including but not limited to:

new text end

new text begin

(1) civil proceedings;

new text end

new text begin

(2) criminal proceedings; and

new text end

new text begin

(3) administrative proceedings before the Court of Administrative Hearings, the Workers'

Compensation Court of Appeals, or Tax Court.

new text end

new text begin

Subd. 5.

new text end

new text begin

Judicial warrant.

new text end

new text begin

"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 another person specifically named in the order to arrest a person.

new text end

new text begin

Subd. 6.

new text end

new text begin

Law enforcement agency.

new text end

new text begin

"Law enforcement agency" means any local, state,

or federal entity with statutory police powers and the ability to employ individuals authorized

to make arrests.

new text end

Sec. 2.

new text begin

[480C.02] CIVIL ARREST PROHIBITED; CERTAIN LOCATIONS.

new text end

new text begin

Subdivision 1.

new text end

new text begin

Privilege from civil arrest.

new text end

new text begin

A person attending a court proceeding in

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

from civil arrest while going to, remaining at, and returning from the court proceeding,

including:

new text end

new text begin

(1) at the location of the court proceedings, including a location where the party, witness,

potential witness, or court companion accesses a court proceeding held remotely;

new text end

new text begin

(2) within the courthouse building;

new text end

new text begin

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

new text end

new text begin

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

and

new text end

new text begin

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

or street.

new text end

new text begin

Subd. 2.

new text end

new text begin

Construction.

new text end

new text begin

(a) 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.

new text end

new text begin

(b) The protections in this section apply regardless of whether a judicial order is issued

under subdivision 4 or a court otherwise implements this section by a rule or order.

new text end

new text begin

Subd. 3.

new text end

new text begin

Criminal law violations.

new text end

new text begin

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.

new text end

new text begin

Subd. 4.

new text end

new text begin

Court order.

new text end

new text begin

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.

new text end

Sec. 3.

new text begin

[480C.03] CIVIL ACTION; REMEDIES.

new text end

new text begin

(a) A person who violates section 480C.02 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 was a party, witness, potential

witness, or court companion going to, remaining at, or returning from the court proceeding

at the time of the arrest.

new text end

new text begin

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

just.

new text end

new text begin

(c) A court may award to a prevailing plaintiff costs and reasonable attorney fees.

new text end

new text begin

EFFECTIVE DATE.

new text end

new text begin

This section is effective August 1, 2026, and applies to causes

of action accruing on or after that date.

new text end

Sec. 4.

new text begin

[480C.04] LIABILITY LIMITATIONS; DEFENSES.

new text end

new text begin

(a) Nothing in sections 480C.01 to 480C.03 permits an action against the judicial branch

or judicial branch personnel acting lawfully under their duty to maintain safety and order

in the courts.

new text end

new text begin

(b) Nothing in sections 480C.01 to 480C.03 affects any right or defense, including any

existing qualified immunity defense, of any person, police officer, peace officer or public

officer, or any Minnesota court system personnel acting lawfully.

new text end

Sec. 5.

Minnesota Statutes 2024, section 629.30, subdivision 2, is amended to read:

Subd. 2.

Who may arrest.

An arrest may be made:

(1) by a peace officer under a warrant;

(2) by a peace officer without a warrant;

(3) by an officer in the United States Customs and Border Protection or the United States

Citizenship and Immigration Services without a warrant
new text begin
, except as prohibited under section

480C.02
new text end
;
new text begin
or
new text end

(4) by a private person.

A private person shall aid a peace officer in executing a warrant when requested to do

so by the officer.