(1) A person shall not be subject to civil arrest while the person is present at a courthouse or on its environs, or while going to, attending, or coming from a court proceeding.
(2) (a) A judge or magistrate may issue a writ of protection to prohibit a civil arrest pursuant to subsection (1) of this section. A judge or magistrate may incorporate the writ of protection in other regularly issued documents.
(b) The protection described in subsection (1) of this section applies regardless of whether a writ of protection has been issued.
Nothing in this section precludes a criminal arrest or execution of a criminal arrestwarrant issued by a judge or magistrate based on probable cause of a violation of criminal law.
An on-duty law enforcement officer who is not employed by or contracted with courthouse security, or participating in a court proceeding, shall present credentials and state the purpose of the officer's presence to any existing courthouse security, who shall maintain a record of the information.
The chief judge of any court may enter an order to ensure that arrests made whilepersons are present at a courthouse or on its environs, or while going to, attending, or coming from a court proceeding, comply with this section.
Source: L. 2020: Entire part added, (SB 20-083), ch. 63, p. 217, § 1, effective March 23. 13-1-404. Remedies. (1) A person who knowingly violates section 13-1-403 (1) or a writ of protection issued pursuant to section 13-1-403 (2) is liable for damages in a civil action for false imprisonment.
A person who knowingly violates section 13-1-403 (1) or a writ of protection issuedpursuant to section 13-1-403 (2) is subject to contempt of court.
The attorney general may bring a civil action on behalf of the people of the state for aviolation of section 13-1-403 to obtain appropriate equitable or declaratory relief.
A person arrested or detained in violation of section 13-1-403 may seek a writ ofhabeas corpus.
Source: L. 2020: Entire part added, (SB 20-083), ch. 63, p. 217, § 1, effective March 23.