Prohibits the civil arrest of any person who is attending court either on behalf of themselves or a family or household member. Any person who violates this act shall be subject to civil suit and for contempt of court.
Should this bill be enacted, it would amend the state's criminal procedure laws, as outlined in Chapter 12-7, specifically addressing, among other concerns, the nuances surrounding civil arrests. The ramifications would include a clear legal safeguard for individuals seeking access to the courts, emphasizing the importance of participation in legal processes without undue hindrance. Furthermore, individuals wrongfully arrested in violation of this statute would have the right to pursue civil action for damages, including potential compensation for legal fees.
Bill S2197 aims to provide protection for individuals attending court proceedings. Specifically, the legislation prohibits the civil arrest of any person who is present for a court appearance, whether on their own behalf or for a family or household member. The intention of the bill is to ensure that individuals can access judicial processes without the fear of being detained due to civil matters, thereby promoting the right to a fair trial and access to justice.
The discussions surrounding S2197 may involve debates on the balance between law enforcement powers and individual rights. While supporters argue that this bill is crucial for protecting the judicial process and increasing public participation in legal proceedings, critics might raise concerns about the implications on law enforcement's ability to manage civil matters and their interactions with individuals attending court. Additionally, there may be discussions on the broader impact on laws governing arrests and the responsibilities of law enforcement officials in such contexts.