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SB 351

Courthouses; certain civil arrests prohibited, penalty.

2026 Regular Session Introduced by Jennifer Boysko and 5 co-sponsors

Virginia bill restricts civil arrests in courthouses and establishes penalties for unauthorized civil arrest conduct by law enforcement.

Governor's recommendation received by Senate
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WeVote Research Nonpartisan
Bill Summary · SB 351

Legislative bill overview

SB 351 defines "arrest under civil process" and prohibits certain civil arrests in Virginia courthouses, establishing penalties for violations. The bill clarifies which types of civil arrests are permissible and restricts law enforcement from conducting arrests for civil matters in courthouse settings where they could interfere with judicial proceedings.

Why is this important

Civil arrests—arrests made to compel someone to comply with a civil court order or debt collection—have historically been used in limited circumstances but can create due process concerns and courthouse disruptions. This bill addresses whether and how such arrests can occur, potentially protecting individuals from arrest in courthouse settings while clarifying enforcement mechanisms for civil judgments.

Potential points of contention

  • Scope of restriction: Disagreement over which civil matters should be exempt from arrest authority—creditors and debt collectors may argue legitimate collections tools are being eliminated, while consumer advocates argue civil arrest is an outdated practice that disproportionately harms low-income individuals
  • Courthouse security and order: Questions about whether restricting arrests in courthouses creates enforcement gaps or adequately protects court operations and public access to justice
  • Penalty structure: The bill's penalties for violations may be viewed as either insufficient deterrent or overly burdensome depending on stakeholder perspective regarding civil process enforcement

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

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