SB 873: Courthouses: privilege from civil arrest.

Official summary

Legislative Counsel’s Digest (official, as of the latest version). Written by nonpartisan legislative staff; reproduced verbatim.

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.

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.

Sponsors

Sponsors by party (alphabetical): Democratic 8

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. September 29, 2026Chaptered by Secretary of State. Chapter 753, Statutes of 2026.
2. September 29, 2026Approved by the Governor.
3. September 4, 2026Enrolled and presented to the Governor at 2 p.m.
4. August 28, 2026Assembly amendments concurred in. (Ayes 30. Noes 10.) Ordered to engrossing and enrolling.
5. August 25, 2026In Senate. Concurrence in Assembly amendments pending.
6. August 25, 2026Read third time. Passed. (Ayes 58. Noes 17. Page 6527.) Ordered to the Senate.
7. August 20, 2026Ordered to third reading.
8. August 20, 2026Read third time and amended.
9. August 13, 2026Read second time. Ordered to third reading.
10. August 13, 2026From committee: Do pass. (Ayes 11. Noes 4.) (August 13).
11. August 13, 2026Assembly Rule 63 suspended.
12. August 5, 2026August 5 set for first hearing. Placed on suspense file.