Amendment #7 to H5305

Judicial Approval

Mr. Markey of Dartmouth moves to amend the bill in section 5, by striking out lines 266 through 275, “2. (a) No law enforcement officer or other employee or representative of a law enforcement agency shall make a civil arrest of an individual present at a courthouse unless such law enforcement officer, employee or representative: (i) is acting in their official capacity; and (ii) has provided documentation to a designated judge, justice or judicial magistrate sitting in the courthouse demonstrating that the individual to be arrested is the subject of a judicial warrant or judicial order authorizing civil arrest. The designated judicial official shall promptly review such documentation.(b) Except in extraordinary circumstances, as determined by the designated judicial official, a civil arrest shall not be made by a law enforcement officer or other representative of a law enforcement agency in the courtroom” and inserting in place thereof the following: “No law enforcement officer or other employee or representative of a law enforcement agency shall make a civil arrest based upon a civil warrant of an individual present at a courthouse unless a judge sitting in that court, has reviewed such civil warrant and has determined by a preponderance of the evidence the following: (1) the identity of the individual is present in court; and (2) the removal of the individual from the court house would not substantially impair the administration of justice. In determining if there is a substantial impairment the court shall consider the nature of the charges which brings the individual to court, the purpose of the individuals presence in court, the stage of the proceedings the individual is present in court for, and should also consider the convenience and commitment of jurors, victims, witnesses and other court personnel involved in the proceedings before allowing the warrant to be executed within the courthouse.”

Additional co-sponsor(s) added to Amendment #7 to H5305

Judicial Approval