HF 4972
Introduction - 94th Legislature (2025 - 2026)
Posted on 04/22/2026 04:54 p.m.
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A bill for an act
relating to courts; prohibiting civil arrests for persons attending court proceedings;
providing civil remedies; amending Minnesota Statutes 2024, section 629.30,
subdivision 2; proposing coding for new law as Minnesota Statutes, chapter 480C.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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[480C.01] DEFINITIONS.
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new text begin Subdivision 1. new text end
new text begin Definitions. new text end
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For purposes of sections 480C.01 to 480C.04, the following
terms have the meanings given.
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new text begin Subd. 2. new text end
new text begin Civil arrest. new text end
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"Civil arrest" means taking a person into custody for an alleged
civil immigration violation or conducting a brief stop to serve an individual with a Form
I-862, notice to appear, or other similar document that initiates a removal proceeding. Civil
arrest does not include an arrest:
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(1) for an alleged criminal violation of any federal, state, or local law;
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(2) for a violation of a condition of probation, parole, pretrial release, conditional release,
or supervised release for which arrest is otherwise authorized by law; or
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(3) supported by a judicial warrant or judicial order authorizing the arrest.
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new text begin Subd. 3. new text end
new text begin Court companion. new text end
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"Court companion" means:
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(1) a spouse, domestic partner, or person who has a romantic relationship with a party,
witness, or potential witness;
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(2) a biological parent, foster parent, adoptive parent, or stepparent of a party, witness,
or potential witness;
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(3) minor children or other persons under the care of a party, witness, or potential witness;
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(4) an interpreter or translator assisting a party, witness, or potential witness;
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(5) a person assisting a party, witness, or potential witness with reading or completing
court forms or documents;
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(6) a person providing health care or assistance to a party, witness, or potential witness
to allow that individual to participate in the court proceeding;
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(7) a case manager, social worker, domestic violence advocate, or sexual assault advocate
for a party, witness, or potential witness; or
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(8) a person transporting a party, witness, or potential witness to or from a court
proceeding.
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new text begin Subd. 4. new text end
new text begin Court proceeding. new text end
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"Court proceeding" means a matter pending under the
jurisdiction or supervision of a state or administrative court, including but not limited to:
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(1) civil proceedings;
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(2) criminal proceedings; and
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(3) administrative proceedings before the Court of Administrative Hearings, the Workers'
Compensation Court of Appeals, or Tax Court.
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new text begin Subd. 5. new text end
new text begin Judicial warrant. new text end
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"Judicial warrant" or "judicial order authorizing the arrest"
means a written order from a state court or federal Article III court that directs a law
enforcement agency or another person specifically named in the order to arrest a person.
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new text begin Subd. 6. new text end
new text begin Law enforcement agency. new text end
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"Law enforcement agency" means any local, state,
or federal entity with statutory police powers and the ability to employ individuals authorized
to make arrests.
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Sec. 2.
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[480C.02] CIVIL ARREST PROHIBITED; CERTAIN LOCATIONS.
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new text begin Subdivision 1. new text end
new text begin Privilege from civil arrest. new text end
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A person attending a court proceeding in
which the person is a party, witness, potential witness, or court companion is privileged
from civil arrest while going to, remaining at, and returning from the court proceeding,
including:
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(1) at the location of the court proceedings, including a location where the party, witness,
potential witness, or court companion accesses a court proceeding held remotely;
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(2) within the courthouse building;
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(3) on the premises of the courthouse, including parking facilities serving the courthouse;
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(4) on any sidewalk, parkway, or street surrounding the courthouse and its premises;
and
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(5) on any public way within 1,000 feet of the courthouse, including a sidewalk, parkway,
or street.
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new text begin Subd. 2. new text end
new text begin Construction. new text end
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(a) Nothing in this section shall be construed to narrow, or in
any way lessen, any common law or other right or privilege of a person privileged from
arrest under this section or otherwise.
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(b) The protections in this section apply regardless of whether a judicial order is issued
under subdivision 4 or a court otherwise implements this section by a rule or order.
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new text begin Subd. 3. new text end
new text begin Criminal law violations. new text end
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Nothing in this section precludes the execution of a
criminal arrest warrant issued by a judge or a criminal arrest based on probable cause for a
violation of criminal law.
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new text begin Subd. 4. new text end
new text begin Court order. new text end
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In order to maintain access to the court and open judicial
proceedings for all persons in their individual capacity and to prevent interference with the
needs of judicial administration, a court may issue appropriate judicial orders to protect the
privilege from arrest under this section.
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Sec. 3.
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[480C.03] CIVIL ACTION; REMEDIES.
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(a) A person who violates section 480C.02 is liable for civil damages for false
imprisonment, including actual damages and statutory damages of $10,000, if that person
knew or reasonably should have known that the person arrested was a party, witness, potential
witness, or court companion going to, remaining at, or returning from the court proceeding
at the time of the arrest.
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(b) A court may grant any other equitable or declaratory relief it deems appropriate and
just.
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(c) A court may award to a prevailing plaintiff costs and reasonable attorney fees.
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new text begin EFFECTIVE DATE. new text end
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This section is effective August 1, 2026, and applies to causes
of action accruing on or after that date.
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Sec. 4.
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[480C.04] LIABILITY LIMITATIONS; DEFENSES.
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(a) Nothing in sections 480C.01 to 480C.03 permits an action against the judicial branch
or judicial branch personnel acting lawfully under their duty to maintain safety and order
in the courts.
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(b) Nothing in sections 480C.01 to 480C.03 affects any right or defense, including any
existing qualified immunity defense, of any person, police officer, peace officer or public
officer, or any Minnesota court system personnel acting lawfully.
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Sec. 5.
Minnesota Statutes 2024, section 629.30, subdivision 2, is amended to read:
Subd. 2.
Who may arrest.
An arrest may be made:
(1) by a peace officer under a warrant;
(2) by a peace officer without a warrant;
(3) by an officer in the United States Customs and Border Protection or the United States
Citizenship and Immigration Services without a warrantnew text begin , except as prohibited under section
480C.02new text end ;new text begin or
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(4) by a private person.
A private person shall aid a peace officer in executing a warrant when requested to do
so by the officer.