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HB 7360

AN ACT RELATING TO CRIMINAL PROCEDURE -- PROTECT OUR COURTS ACT

2026 Regular Session Introduced by Jose Batista and 9 co-sponsors

Protect Our Courts Act shields court attendees from civil arrest in courthouses without a judicial warrant/order, safeguarding access to the judiciary.

06/22/2026 Signed by Governor
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WeVote Research Nonpartisan
Bill Summary · HB 7360

Summary of HB 7360 (Rhode Island, 2026) — Protect Our Courts Act

Purpose and intent

  • Establishes a statutory framework to protect individuals attending Rhode Island court proceedings from civil arrest without a judicial warrant or order.
  • Aims to preserve court access and the integrity of judicial proceedings by limiting civil arrests inside courthouses and during court appearances.
  • Provides enforcement mechanisms, civil remedies, and procedural guardrails to prevent interference with court administration.

Key provisions and changes

  • Chapter creation: 12-34 (Protect Our Courts Act)

    • Title: “Protect Our Courts Act.”

  • Definitions (12-34-2)

    • Civil arrest: An arrest not for preparing a criminal prosecution or for contempt of the court.
    • Court proceeding: Any appearance in a Rhode Island court or filing papers to initiate such appearance.
    • Family or household member: As defined in Rhode Island law (12-29-2).
    • Judicial warrant/order: A court-issued warrant or order authorizing civil arrest.

  • Privilege from civil arrest at court proceedings (12-34-3)

    • Individuals attending court (as a party, a potential witness, or a family/household member of a party or potential witness) are privileged from civil arrest while going to, at, or returning from a court proceeding, unless supported by a judicial warrant/order.

  • Civil actions; enforcement (12-34-4)

    • Civil action for relief may be brought to address violations or potential violations of 12-34-3 or 12-34-6.
    • The Rhode Island Attorney General may bring a state civil action for equitable and declaratory relief for violations or potential violations.
    • Successful actions may recover costs and reasonable attorneys’ fees.

  • Preservation of existing rights (12-34-5)

    • The act does not diminish other rights or privileges that allow arrest or enforcement under existing law.

  • Authority of the courts (12-34-6)

    • Courts may issue appropriate orders to protect the civil arrest privilege and ensure access to the courts.

  • Courthouse arrest procedures; rulemaking (12-34-7)

    • The Chief Justice or court administrator must issue rules to:
    • Require law enforcement to identify themselves and articulate the purpose if observing or attempting to take someone into custody in a courthouse.
    • Promptly review warrants/orders concerning intended arrests.
    • Limit arrests in a courtroom (generally requiring court leave, except extraordinary circumstances).
    • Prohibit civil arrests inside courthouses without a judicial warrant/order.
    • File incident reports for enforcement actions inside a courthouse.

  • Limitation on actions against judiciary personnel (12-34-8)

    • Prohibits actions or proceedings against the judiciary or judiciary personnel for performing duties consistent with safety and order.

  • Severability (12-34-9)

    • If any provision is held invalid, the remainder remains in effect.

  • Effective date

    • The act takes effect upon passage.

Who/what is affected

  • Individuals attending court (parties, potential witnesses, and family/household members) are protected from civil arrest in the courthouse or adjacent court proceedings without a judicial warrant.
  • Law enforcement agencies and officers operating within Rhode Island courthouses are subject to new identification, review, and procedural rules when making or attempting arrests inside courthouses.
  • Courts and court administrators gain authority to issue orders and establish procedures to protect access to the courts.
  • Attorney General and private plaintiffs may pursue civil actions for relief for violations.
  • Judicial branch personnel are protected from civil liability under the act when acting in their official duties to maintain safety and order.

Procedural and timeline aspects

  • The bill was introduced January 28, 2026 and referred to the House Judiciary Committee.
  • It includes a framework for immediate implementation via court rules (to be promulgated by the Chief Justice or court administrator).
  • The act contains no transitional exemptions; it becomes effective upon passage.
  • Ongoing enforcement potential includes court-issued orders, civil actions, and potential reporting requirements for courthouse enforcement actions.

Practical impact

  • Aims to reduce unlawful or improper civil arrests of individuals simply for attending or participating in court proceedings.
  • Provides clearer protections for court participants while preserving the authority of courts and law enforcement under judicial warrants or orders.
  • Establishes formal channels for remedies and compliance, potentially increasing trust in courthouse procedures and access to the judicial system.

Compiled from official sources — confirm details with the bill’s official record.

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