Bill
Bill > HB1265
summary
Introduced
01/14/2026
01/14/2026
In Committee
01/14/2026
01/14/2026
Crossed Over
Passed
Dead
Introduced Session
2026 Regular Regular Session
Bill Summary
Certain civil arrests prohibited in courthouses; penalty. Provides that a party who is required to attend any court of the Commonwealth, or such party's family or household member or person attending the court with such party to serve as a witness, shall be privileged from civil arrest, defined in the bill, while attending, going to, or coming from the court. The bill also prohibits a person with the lawful authority to perform civil arrests from entering a courthouse to conduct a civil arrest unless he complies with certain requirements, including presenting a judicial warrant or judicial order authorizing the civil arrest to the appropriate courthouse officer or employee. Additionally, the bill requires that any judicial warrant or judicial order authorizing the civil arrest be reviewed by a designated judicial officer or attorney before a civil arrest pursuant to such warrant or order can be performed. Finally, the bill provides that any person who conducts a civil arrest, or facilitates or assists with the performance of, a civil arrest in violation of the provisions of the bill shall be punished with contempt of court.
AI Summary
This bill establishes protections against civil arrests within courthouses, defining "civil arrest" as the apprehension of a person to ensure they answer interrogatories or obey court orders, but explicitly excluding arrests for contempt of court. It grants immunity from civil arrest to parties required to attend court, their family or household members, and those attending as witnesses, while they are going to, attending, or returning from court. Furthermore, the bill prohibits individuals with the authority to conduct civil arrests from entering a courthouse to do so unless they present identification, state their purpose, and provide a judicial warrant or order authorizing the arrest to a courthouse official. This warrant or order must first be reviewed and confirmed in writing by a designated judicial officer or attorney. Any violation of these provisions, including facilitating or assisting in a prohibited civil arrest, will be considered contempt of court, and individuals may also face civil action for damages or injunctive relief, with the Attorney General also empowered to bring civil actions against violators.
Committee Categories
Justice, Military Affairs and Security
Sponsors (1)
Last Action
Incorporated by Public Safety (HB650-Callsen) (Voice Vote) (on 02/06/2026)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://lis.virginia.gov/bill-details/20261/HB1265 |
| Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (HB1265) | https://lis.blob.core.windows.net/files/1115874.PDF |
| BillText | https://lis.virginia.gov/bill-details/20261/HB1265/text/HB1265 |
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