Courthouses: privilege from civil arrest.

New provision in Section 43.54(g) establishes that a civil arrest in violation of the statute or common law privilege constitutes the tort of false imprisonment or false arrest if the arresting person knew or reasonably should have known the person was going to, remaining at, or returning from court for lawful activity. Each person who violates or assists in the violation is liable for actual damages and statutory damages of $10,000.

New subdivision (b) in Section 43.54 explicitly extends the civil arrest prohibition to persons traveling to or from a courthouse for lawful activity, and new subdivision (c) creates a presumption that a person traveling to, from, or present at a courthouse is engaging in lawful activity.

The bill now adds three sections (43.54, 43.541, and 43.542) instead of two. Section 43.541 is restructured to contain the court security personnel procedures for law enforcement entry (identification, warrant review by attorneys), plus a new exemption for courts, judicial officers, and trial court employees acting lawfully. Section 43.542 is new and contains the Judicial Council annual reporting requirement that was previously in Section 43.541.

Assembly Member Papan is added as a coauthor alongside Assembly Members Zbur and Kalra.

The definition of 'lawful activity' is substantially expanded to include a new category covering persons accompanying, supporting, or assisting someone going to, remaining at, or returning from a courthouse. This specifically lists spouses, domestic partners, dating/engagement partners, biological/foster/adoptive/step parents, minor children, interpreters, translators, persons helping with court forms, health care providers, case managers, social workers, domestic violence and sexual assault advocates, and transporters.

A new definition of 'court security personnel' is added to Section 43.54, covering peace officers under Penal Code Chapter 4.5 and security guards under Business and Professions Code Section 7582.1 who are assigned to perform court security functions.

The prior requirement that the Judicial Council 'promulgate necessary rules' to ensure law enforcement entry procedures has been removed. These procedures are now directly mandated by statute in Section 43.541 rather than delegated to rule-making.

New Section 43.54(g) requires court security personnel to request that law enforcement representatives identify themselves, state their purpose, and provide a copy of any judicial warrant when they enter a courthouse. If an attorney represents the person named in the warrant, court security must also request that the attorney be afforded the right to review the warrant.

The requirement that courts maintain data regarding activities undertaken by law enforcement personnel at courthouses and provide that data to the Judicial Council was removed from Section 43.541.

New Section 43.54(h) provides that no civil action or proceeding may be brought against a court, judicial officer, or court employee acting lawfully pursuant to their duty to maintain safety and order in the courts.

The Judicial Council's annual reporting requirement was narrowed from compiling statistics on all law enforcement activity of any kind at courthouses (including number and type of warrants, date and location of arrests) to only reporting information related to civil arrests reported pursuant to Rule 10.440 of the California Rules of Court.

The definition of 'civil arrest' was broadened from requiring actual taking into custody to also covering 'a communicated intent to arrest' an individual for an alleged violation of civil law. The definition of 'arrest' was simplified to 'the taking of an individual into custody.'

The requirement to publicly post the annual report was narrowed from posting on both the Judicial Council website and the California Courts website to posting only on the Judicial Council's public internet website.

Assembly Member Kalra was added as a coauthor alongside Assembly Member Zbur.

The Judicial Council's annual report on courthouse law enforcement activity now must include information related to civil arrests reported pursuant to Rule 10.440 of the California Rules of Court, adding a specific data source for the reporting requirement.

In Section 43.541(a), the language changed from 'ensure all of the following' to 'ensure both of the following,' which appears to narrow the scope of what the Judicial Council must address through rules, though three items are still listed (likely a drafting artifact).

The bill no longer makes a nonsubstantive amendment to the existing Civil Code Section 43.54. The previous version included a separate section amending that provision; this has been removed and the short title updated accordingly.

Assembly Member Zbur added as a coauthor and Senator Umberg added as a co-introducer, broadening the bill's legislative support base.

Fiscal committee approval changed from 'no' to 'yes,' indicating the bill's fiscal impact was reviewed and approved by the appropriate committee.

The privilege against civil arrest was expanded from protecting people only 'in a courthouse while attending a court proceeding or having legal business' to protecting people 'while traveling to, while present at, or while traveling from a courthouse for any lawful activity.' A presumption of lawful activity applies while at a courthouse.

The definition of 'courthouse' now includes sidewalks, parkways, streets surrounding court facilities, and any public way within 1,000 feet of the facility, significantly expanding the geographic area of protection.

Courts are authorized to issue judicial orders to protect the privilege from civil arrest, in addition to existing powers under Section 177 of the Code of Civil Procedure.

A private right of action was created allowing any person subjected to civil arrest in violation of the law to sue for equitable relief, actual damages, and statutory damages of $10,000, plus court costs and attorney's fees if successful.

The Attorney General is authorized to bring a civil action in the name of the people of California for equitable and declaratory relief when there is reasonable cause to believe a violation has occurred or is imminent.

Courts are required to maintain data on law enforcement activities at courthouses and provide it to the Judicial Council, which must annually compile and publicly post a report with statistics aggregated by county, including number and type of warrants provided and date and location of arrests.

Law enforcement officers entering a courthouse to arrest someone must identify themselves to uniformed court personnel, state their specific purpose and intended action, and provide a copy of the valid judicial warrant. Attorneys representing persons named in the warrant have the right to review it.

New definitions were added for 'arrest,' 'civil arrest' (defined as taking someone into custody for an alleged violation of civil law), 'court proceeding,' 'courthouse,' and 'lawful activity' (which includes observing proceedings, employment activities, accompanying others, exercising constitutional rights, and otherwise being lawfully present).

Extensive legislative findings and declarations were added explaining the rationale for the bill, including references to constitutional rights, public scrutiny of judicial proceedings, and Tenth Amendment reserved powers.