(1) The general assembly hereby finds and declares that: (a) Access to courts is a cornerstone of Colorado's republican form of government and is therefore a matter of statewide concern. Civil arrest of a person at a courthouse or on its environs, or while going to, attending, or coming from a court proceeding, threatens the values of public access and the core functions of courts and is considered an unreasonable and unlawful seizure whether undertaken by a local, state, or federal officer. (b) Courts have the affirmative obligation to assert their powers to ensure order and efficient functioning in their proceedings through exercising their contempt power and issuing writs in order to protect the dignity, independence, and integrity of proceedings; (c) There exists from English common law a privilege from civil arrest at a courthouse and on its environs, or while going to, attending, or coming from a court proceeding. The common law of England is "the rule of decision, and shall be considered as of full force until repealed by legislative authority" pursuant to section 2-4-211, and the common law privilege from civil arrest has not been legislatively repealed. (d) The general assembly has the power to protect Colorado's court proceedings in order to preserve Colorado's republican form of government and has previously codified the privilege from arrest in specific circumstances to protect the proper functioning of courts; and (e) This act clarifies Colorado law with respect to court access and judicial power to enforce the protection in order to ensure court access and to prevent interruption of the administration of justice, and clarifies that the protection extends to proceedings conducted under the authority of a court, including, but not limited to, probation and pretrial services. (2) Nothing in this part 4 narrows, or in any way lessens, any rights or protections from civil arrest at a courthouse or on its environs, or while going to, attending, or coming from a court proceeding, under common law, statute, the United States constitution, the state constitution, or the remedies available for violations of those rights or privileges.
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