CaliforniaCourthouses: privilege from civil arrest.
What it does
Existing law prohibits a person from being subject to civil arrest in a courthouse while attending a court proceeding or having legal business in a courthouse, except pursuant to a valid judicial warrant. Existing law confers specified powers to judicial officers, including to preserve and enforce order in the officer's immediate presence and in proceedings before the officer, to compel obedience to the officer's lawful orders, and to prohibit activities that threaten access to courthouses and court proceedings, including protecting the privilege from civil arrest at courthouses and court proceedings.
More detail
This bill would prohibit a person from being subject to civil arrest while traveling to, while present at, or while traveling from a courthouse for any lawful activity, as defined. The bill would authorize a court to issue appropriate judicial orders to protect the privilege from civil arrest. Under the bill, a civil arrest in violation of these provisions or the common law privilege against civil arrest would constitute false imprisonment or false arrest if the person was going to, remaining at, or returning from court for any lawful activity, and each person in violation of these provisions or who assists in the violation of these provisions would be liable for civil damages for the tort of false imprisonment or false arrest, including actual damages and statutory damages of $10,000. The bill would authorize a party in a successful action to recover court costs and reasonable attorney's fees. The bill would exempt a court, judicial officer, or court personnel acting lawfully pursuant to their duty to maintain safety and order in the courts from any action or proceeding pursuant to these provisions.
This bill would require, when court security personnel are aware that any representative of a law enforcement agency, while acting in an official capacity, enters a courthouse, that court security personnel request the law enforcement representative or representatives identify themselves and state their specific law enforcement purposes and intended enforcement action to be taken, and request from the law enforcement representative or representatives a copy of a valid judicial warrant concerning the intended enforcement action to be taken. The bill would require, if court security personnel are aware there is an attorney representing a person named in the judicial warrant in any capacity, that court security personnel request the law enforcement representative to afford the attorney the right to review the warrant.
This bill would require the Judicial Council to annually prepare a report compiling statistics, aggregated by county, of information related to civil arrests, as specified. The bill would require the Judicial Council to publicly post the report on its public internet website.
This bill would also make related findings and declarations and specify that the provisions of this act are severable.
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Where it stands
- Introduced
- Passed Senate
- Passed Assembly
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Sep 29Chaptered by Secretary of State. Chapter 753, Statutes of 2026.Latest
- Sep 29Approved by the Governor Gavin Newsom.Became Law
- Sep 4Enrolled and presented to the Governor at 2 p.m.To Governor
- Aug 28Assembly amendments concurred in. (Ayes 30. Noes 10. Page 6067.) Ordered to engrossing and enrolling.Major
- Vote recorded Unfinished Business SB873 Reyes et al. Concurrence. Result: pass.Upper
- Aug 25In Senate. Concurrence in Assembly amendments pending.
- Vote recorded SB 873 Reyes Senate Third Reading By Kalra. Result: pass.Lower
- Aug 25Read third time. Passed. (Ayes 58. Noes 17. Page 6527.) Ordered to the Senate.Passed Assembly
- Aug 20Ordered to third reading.Minor
- Aug 20Read third time and amended.Major
- Aug 13Read second time. Ordered to third reading.Minor
- Vote recorded Do pass. Result: pass.Lower
- Aug 13From committee: Do pass. (Ayes 11. Noes 4.) (August 13).Minor
- Aug 13Assembly Rule 63 suspended.
- Aug 5August 5 set for first hearing. Placed on suspense file.
- Jun 23Coauthors revised.
- Vote recorded Do pass and be re-referred to the Committee on [Appropriations]. Result: pass.Lower
- Jun 23From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 3.) (June 23). Re-referred to Com. on APPR.Minor
- Jun 15From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.Major
- Jun 8Referred to Com. on JUD.Minor
- May 26In Assembly. Read first time. Held at Desk.Minor
- Vote recorded 3rd Reading SB873 Reyes et al. Result: pass.Upper
- May 26Read third time. Passed. (Ayes 29. Noes 7. Page 4442.) Ordered to the Assembly.Passed Senate
- May 22Read second time. Ordered to third reading.Minor
- May 21Ordered to second reading.Minor
- May 21Read third time and amended.Major
- May 14Read second time. Ordered to third reading.Minor
- Vote recorded Do pass. Result: pass.Upper
- May 14From committee: Do pass. (Ayes 5. Noes 2. Page 4255.) (May 14).Minor
- May 8Set for hearing May 14.
- May 4May 4 hearing: Placed on APPR. suspense file.
- Vote recorded Placed on suspense file. Result: pass.Upper
- Apr 24Set for hearing May 4.
- Apr 22From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 2. Page 3976.) (April 21). Re-referred to Com. on APPR.Minor
- Apr 21
- Vote recorded Do pass, but first be re-referred to the Committee on [Appropriations]. Result: pass.Upper
- Apr 14Set for hearing April 21.
- Apr 8Re-referred to Com. on JUD.Minor
- Mar 25From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.Major
- Feb 11Referred to Com. on RLS.Minor
- Jan 7From printer. May be acted upon on or after February 6.
- Jan 6Introduced. Read first time. To Com. on RLS. for assignment. To print.Introduced