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A BILL to amend and reenact §§
8.01-327.1
and
8.01-327.2
of the Code of Virginia and to amend the Code of Virginia by adding in Article 5 of Chapter 8 of Title 8.01 sections numbered
8.01-327.3
and
8.01-327.4
, relating to certain civil arrests prohibited in courthouses; penalty.
Be it enacted by the General Assembly of Virginia:
1. That §§
8.01-327.1
and
8.01-327.2
of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding in Article 5 of Chapter 8 of Title 8.01 sections numbered
8.01-327.3
and
8.01-327.4
as follows:
§
8.01-327.1
. Definition of "arrest under civil process."
The terms "arrest under civil process" and "civil arrest" shall be synonymous and shall be the apprehending and detaining of a person pursuant to specific provisions of this title to achieve the following:
1. A full and proper answer or response to interrogatories under §
8.01-506
;
or
2. His obedience to the orders, judgments, and decrees of any court.
"Arrest under civil process" and "civil arrest" do not include an arrest for contempt of court pursuant to th
e provisions of Article 5 (§
18.2-456
et seq.) of Chapter 10 of Title 18.2 or other relevant provision
s
of law
under
which the court proceeding is taking place or is scheduled to take place.
§
8.01-327.2
. Who are privileged from arrest under civil process.
In addition to the exemptions made by §§
8.01-327.3
,
30-4
,
30-6
,
30-7
,
30-8
,
19.2-280
, and
44-97
, the following persons shall not be arrested, apprehended, or detained under any civil process during the times respectively herein set forth, but shall not otherwise be privileged from service of civil process by this section:
1. The President of the United States, and the Governor of the Commonwealth at all times during their terms of office;
2. The Lieutenant Governor of the Commonwealth during attendance at sessions of the General Assembly and while going to and from such sessions;
3. Members of either house of the Congress of the United States during the session of Congress and for fifteen days next before the beginning and after the ending of any session, and during any time that they are serving on any committee or performing any other service under an order or request of either house of Congress;
4. A judge, grand juror or witness, required by lawful authority to attend any court or place, during such attendance and while going to and from such court or place;
5.
A party required by lawful authority to attend any court of the Commonwealth,
such party's family or household member
as defined in §
16.1-228
, or
a person attending th
e court with such party to serve as a witness for such party
during such attendance or while going to or from
the
court
;
6.
Members of the National Guard while going to, attending at, or returning from, any muster or court-martial;
6
.
7
.
Ministers of the gospel while engaged in performing religious services in a place where a congregation is assembled and while going to and returning from such place; and
7
.
8
.
Voters going to, attending at, or returning from an election. Such privilege shall only be on the days of such attendance.
§
8.01-327.3
.
Requirements to
e
ffect certain civil arrests in a c
ourthouse.
A.
No person with
the lawful authority to perform civil arrests shall conduct a civil arrest in a
courthouse unless such person, upon entering
the courthouse, provides to the appropriate courthouse officer or employee (i) his identification; (ii)
that his reason for entering the courthouse is to effect a civil arrest; and (iii) a judicial warrant or judicial order authorizing the civil
arrest.
B. No courthouse officer or employee
shall permit
any person to access a courthouse to conduct a civil arrest unless the person presents a valid judicial warrant or judicial order authorizing the civil arrest and
such judicial warrant or judicial order has been reviewed
, and its auth
enticity confirmed in writing,
by a designated judicial officer or
discreet and competent attorney at law
.
The provisions of this section shall apply to courts of record as defined in §
1-212
and courts not of record as defined in §
16.1-69.5
.
Nothing in this
section shall be construed to authorize
the civil arrest of any
person
otherwise
exempt
from such civil arrest by §§
8.01-327.3
,
30-4
,
30-6
,
30-7
,
30-8
,
19.2-280
, and
44-97
.
§
8.01-327
.
4
. Penalty for
conducting prohibited civil arrest.
A.
Any action taken
to perform a civil arrest
in
willful violation of
§
8.01-327.3
, including conducting a prohibited civil arrest, or facilitating or assisting with
the performance of a
prohibited
civil arrest,
shall constitute contempt of court.
B. In addition to any other right or remedy
, a person may bring a civil action for appropriate equitable, in
junctive, or declaratory relief against another person who willfully violates the provisions of §
8.01-327.3
.
Nothing in this subsection shall be construed to limit or prohibit any person injured by a civil arrest
performed in violation of §
8.01-327.3
from recov
ering damages or other appropriate relief.
C. In addition to any other right or remedy, the Attorney General may bring a civil action against any person who willfully violates this section
.