§ 10-5 — Legislative findings

The General Assembly finds and declares the following: (1) Illinois courts are a cornerstone of Illinois' government, satisfying the right of every person to obtain justice and find a remedy for all injuries and wrongs under Section 12 of Article I of the Constitution of this State and playing an essential role in the peaceful and just resolution of disputes and the State's ability to promote the public health, safety, and general welfare of its residents. (2) Access to courts and the court's ability to administer justice is, therefore, a matter of statewide concern, fostering fairness while promoting public confidence in, and respect for, the judicial process. (3) Subjecting Illinois residents to arrest for civil, noncriminal matters while attending, attempting to attend, or after attending State court proceedings as parties, witnesses, potential witnesses, or court companions, or while otherwise accompanying a person who is a party, witness, or potential witness, threatens the fair administration of justice in this State. (4) Victims and witnesses are increasingly reluctant to attend and participate in court proceedings, or otherwise access the justice system of this State, out of fear of civil arrests when going to, remaining at, or returning from a court proceeding. (5) Residents of this State, including victims of crime, are less likely to report crimes and to use legal services when civil arrests are conducted at courthouses in this State or their environs. (6) Illinois courts and court staff bear increased burdens and costs to their operations, through adjournments, delays, and postponements caused by witnesses' or parties' failure to appear out of fear of civil arrests at courthouses or its environs. (7) The ability of Illinois attorneys to zealously advocate for their clients and act as officers of the legal system with special responsibilities for the quality of justice in this State is threatened and impeded when civil arrests are conducted at courthouses in this State or their environs, forcing them to risk their clients' freedom in the pursuit of diligent representation. (8) The civil arrest of individuals at a courthouse or its environs or while going to, remaining at, or returning from a court proceeding threatens the functioning of the court system and the fair administration of justice by deterring litigants, witnesses, and others participating in State court proceedings, jeopardizing the State courts' and parties' access to evidence that may be critical to fact-finding. (9) The civil arrest of individuals at a courthouse or its environs or while going to, remaining at, or returning from a court proceeding threatens the public's right to seek justice in the courts and the ability of Illinois residents to peacefully resolve disputes by risking the intimidation of parties and witnesses and deterring litigants, witnesses, and others participating in State court proceedings, limiting the parties' ability to protect and vindicate rights guaranteed by the laws and Constitution of this State. (10) Illinois courts, as early as 1887, recognized the long-standing common law privilege from civil arrest, which has been established in English and American jurisprudence for centuries and which has not been legislatively repealed. Under this common law privilege, the parties to a suit and their witnesses are protected from arrest in coming to, attending, and returning from court proceedings for the sake of public justice. (11) The State of Illinois has sovereign interest and authority to protect the effective functioning and operation of its judicial system. (12) Civil arrests of persons in and around Illinois courthouses or those attending judicial proceedings threaten all of the foregoing public and private values of public access, as well as the core functions of Illinois courts, and must be considered unreasonable and unlawful seizures whether undertaken by local, State, or federal officers.

Legislative History

(Source: P.A. 104-440, eff. 12-9-25.)