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HB 5963

Civil procedure: other; civil process arrest exemptions; modify.

2025-2026 Regular Session Introduced by Mike McFall and 3 co-sponsors

Michigan HB 5963 tightens civil-arrest exemptions for lawmakers, court officers, witnesses, and certain travelers, and imposes penalties for improper arrests.

bill electronically reproduced 05/13/2026
#civilprocedure:other #criminalprocedure:arrests
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Bill Summary · HB 5963

Summary of HB 5963 (2025-2026) – Michigan

Purpose and intent

  • The bill amends the Revised Judicature Act of 1961 (1961 PA 236), specifically section 1821, to modify exemptions from arrest on civil process.
  • The overarching aim is to codify and expand protections against civil-arrest for certain individuals and in particular circumstances, clarifying who may not be arrested while involved in court-related duties or while proceeding to/from court or related proceedings.

Key provisions and changes

  • Exemptions from civil arrest while performing official duties:
    • An officer of the Senate or House of Representatives is not liable to be arrested on civil process while actively performing duties.
    • No female shall be imprisoned on any process in any civil action.
    • No minor under 16 years of age shall be imprisoned on any civil-process arrest.
    • Parties, attorneys, and subpoenaed witnesses are exempt from civil arrest while going to, attending, or returning from required attendance.
    • A person in Michigan pursuant to a subpoena to appear in a criminal proceeding is not to be arrested or detained for offenses committed prior to entering the state under that subpoena.
    • A person passing through the state en route to or returning from another state for criminal testimony is not to be arrested (civil or criminal) for matters that arose before entering the state.
    • An officer of a court of record, including jurors, is exempt from civil arrest while going to, attending, or returning from an actual sitting of the court. In other situations, such officers may face arrest as others.
  • Enforceability and penalties:
    • Any civil arrest that contravenes these exemptions is void.
    • Courts and officers (including the Supreme Court, circuit court judges) have authority to discharge individuals arrested in violation of these exemptions.
    • If a civil arrest is made contrary to the exemptions, the arresting party may be held in contempt, and may be liable for double the damages awarded by a jury to the arrested individual. Additionally, the arrested individual may file an action for damages caused by the arrest.
    • Exceptions to contempt liability exist if the person exempt from arrest failed to disclose the exemption or refused to sign an affidavit confirming the exemption at the time of arrest.
  • Exemption categories (as reiterated for affidavit context):
    • An officer actively attending to duties of their office (Senate or House).
    • A female.
    • A minor under 16.
    • A party, attorney, or subpoenaed witness traveling to attend proceedings.
    • A person passing through the state en route to or from a summoned criminal matter in another state.
    • An officer of a court of record going to or returning from a court sitting.

Who and what is affected

  • Individuals and groups covered by the exemptions:
    • Legislators and legislative staff traveling to or from official duties.
    • Women and minors under 16 (explicit protection).
    • Parties, attorneys, and subpoenaed witnesses involved in civil actions or traveling to attend proceedings.
    • Individuals summoned to testify in criminal matters in other states who are merely passing through Michigan.
    • Officers of courts of record and jurors involved in court proceedings.
  • Civil process servers and authorities issuing civil arrest warrants are affected by the enhanced protections and potential penalties for noncompliance.

Procedural and timeline aspects

  • Status: Introduced and referred to the Judiciary Committee on May 13, 2026. Bill is in the early legislative process.
  • If enacted, the provisions would apply to civil-arrest actions initiated within Michigan and to those involving the listed exempt groups or circumstances.
  • The bill provides procedures for discharge of improperly arrested individuals and sets contempt and damages remedies for improper civil arrests, including potential double-damages awards and civil actions for the arrested party.

Practical impact

  • Strengthens consent-based and duty-based exemptions from civil arrest, reducing disruption to court operations and preserving the ability of certain key actors (legislators, court officers, witnesses, and certain travelers) to participate in official duties without the risk of civil arrest.
  • Establishes concrete consequences for improper arrests, including potential damages and contempt findings, thereby incentivizing compliance by officers and process servers.
  • Clarifies that some exemptions may require documentation (e.g., affidavit confirming exemption) to shield a person from arrest.

Note: This summary reflects the text as introduced and is not a legal interpretation. If enacted, the bill would become law and subject to judicial interpretation and any later amendments.

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

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