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2026 -- H 7360 SUBSTITUTE A AS AMENDED
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO CRIMINAL PROCEDURE -- PROTECT OUR COURTS ACT
Introduced By:
Representatives Batista, Knight, Speakman, Cruz, Felix, Tanzi, Morales,
Date Introduced:
January 28, 2026
Referred To:
House Judiciary
It is enacted by the General Assembly as follows:
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SECTION 1. Title 12 of the General Laws entitled "CRIMINAL PROCEDURE" is hereby
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amended by adding thereto the following chapter:
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CHAPTER 34
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PROTECT OUR COURTS ACT
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12-34-1. Short title.
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This act shall be known and may be cited as the "Protect Our Courts Act."
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12-34-2. Definitions.
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For the purposes of this chapter, the following words and terms have the following
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meanings:
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(1) “Civil arrest” means an arrest that is not:
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(i) For the sole or primary purpose of preparing the person for criminal prosecution for an
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alleged violation of the criminal law of this state, another state, or the United States, for which a
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sentence of imprisonment is authorized by law and which requires an appearance before a judicial
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officer; or
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(ii) For contempt of the court in which the court proceeding is taking place or will take
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place.
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(2) “Court proceeding” means any appearance in a court of this state before a judge, justice,
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or magistrate ordered or scheduled by such judicial officer, or the filing of papers designed to
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initiate such an appearance.
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(3) “Family or household member” shall have the same meaning as set forth in § 12-29-2.
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(4) “Judicial warrant or judicial order authorizing such civil arrest” means an arrest warrant
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or other judicial order issued by a judicial officer of a local, state, or federal court, authorizing a
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civil arrest and issued by the court in which proceedings following such arrest will be heard and
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determined.
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12-34-3. Privilege from civil arrest at court proceedings.
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(a) A person duly and in good faith attending a court proceeding in which such person is a
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party or potential witness, or in which a family or household member is a party or potential witness,
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shall be privileged from civil arrest while going to, remaining at, and returning from the place of
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such court proceeding, unless such civil arrest is supported by a judicial warrant or judicial order
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authorizing such civil arrest, including body attachments and material witness warrants.
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(b) It may constitute contempt of court and false imprisonment for any person to willfully
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violate § 12-34-3(a), or an order of the court issued pursuant to § 12-34-6, by executing an arrest
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prohibited by this section or by willfully assisting in such prohibited arrest; provided, however, that
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nothing in this subsection shall affect any right or defense of any person, law enforcement officer,
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peace officer, or public officer acting pursuant to lawful authority, or any judicial branch personnel
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acting lawfully pursuant to their duty to maintain safety and order in the courts.
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12-34-4. Civil actions; enforcement.
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Regardless of whether a proceeding for contempt of court pursuant to § 12-34-3(b) has
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been initiated:
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(1) A person described in § 12-34-3(a) may bring a civil action for appropriate equitable
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and declaratory relief if such person has reasonable cause to believe that a violation of §§ 12-34-3
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or 12-34-6 has occurred or may occur; and
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(2) The attorney general of the State of Rhode Island may bring a civil action in the name
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of the state to obtain appropriate equitable and declaratory relief if the attorney general has
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reasonable cause to believe that a violation of §§ 12-34-3 or 12-34-6 has occurred or may occur.
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(3) In any successful action pursuant to § 12-34-3, a plaintiff or petitioner may recover
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costs and reasonable attorneys' fees.
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12-34-5. Preservation of existing rights.
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Nothing in this chapter shall be construed to narrow, limit, or otherwise lessen any common
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law or statutory right or privilege of a person privileged from arrest under this chapter or otherwise.
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12-34-6. Authority of the courts.
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In order to maintain access to the courts and open judicial proceedings for all persons in
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their individual capacity and to prevent interference with the needs of judicial administration, any
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court of this state shall have the authority to issue appropriate judicial orders to protect the privilege
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from civil arrest in accordance with this chapter.
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12-34-7. Courthouse arrest procedures; rulemaking.
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The chief justice of the supreme court, or the court administrator acting under the authority
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of the chief justice, may promulgate rules consistent with this chapter to ensure the following:
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(1) Any representative of a law enforcement agency who, while acting in an official
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capacity, enters a courthouse of this state intending to observe an individual or take an individual
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into custody shall identify himself or herself to court security personnel and state the specific law
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enforcement purpose and proposed enforcement action.
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(2) Any warrant or judicial order concerning such intended arrest shall be promptly
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reviewed by appropriate judicial personnel.
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(3) Except in extraordinary circumstances, no arrest shall be made in a courtroom without
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leave of the court.
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(4) No civil arrest shall be executed inside a courthouse of this state except pursuant to a
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judicial warrant or judicial order authorizing such arrest, including body attachments and material
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witness warrants.
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(5) An incident or occurrence report shall be filed for every enforcement action taken inside
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a courthouse.
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12-34-8. Limitation on actions against judiciary personnel.
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No action or proceeding may be commenced pursuant to this chapter against the judicial
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branch or any judicial branch personnel acting lawfully pursuant to their duty to maintain safety
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and order in the courts.
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12-34-9. Severability.
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If any provision of this chapter or the application thereof to any person or circumstance is
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held invalid by a court of competent jurisdiction, such invalidity shall not affect the remaining
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provisions or applications of this chapter, and to that end the provisions of this chapter are declared
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to be severable.
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SECTION 2. This act shall take effect upon passage.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO CRIMINAL PROCEDURE -- PROTECT OUR COURTS ACT
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This act would protect people attending Rhode Island court proceedings from civil arrest
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without a judicial warrant, ensures court access, sets enforcement rules, and provides remedies for
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violations.
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This act would take effect upon passage.
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