Chapter 185
2026 -- H 7360 SUBSTITUTE A AS AMENDED
Enacted 06/22/2026

A N   A C T
RELATING TO CRIMINAL PROCEDURE -- PROTECT OUR COURTS ACT

Introduced By: Representatives Batista, Knight, Speakman, Cruz, Felix, Tanzi, Morales, McEntee, Diaz, and Potter

Date Introduced: January 28, 2026

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