2026 -- S 2045

========

LC003706

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2026

____________

A N   A C T

RELATING TO CRIMINAL PROCEDURE -- PROTECT OUR COURTS ACT

     Introduced By: Senators Kallman, Euer, Bissaillon, Ciccone, Murray, Zurier, McKenney,
Mack, Quezada, and Acosta

     Date Introduced: January 09, 2026

     Referred To: Senate Judiciary

     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.

     (b) It shall 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 State 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

LC003706 - Page 2 of 4

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, shall 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 herself 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.

     (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.

========

LC003706

========

LC003706 - Page 3 of 4

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL PROCEDURE -- PROTECT OUR COURTS ACT

***

     This act would protect people attending Rhode Island court proceedings from civil arrest

without a judicial warrant, ensures court access, sets enforcement rules, and provides remedies for

violations.

     This act would take effect upon passage.

========

LC003706

========

LC003706 - Page 4 of 4