Relating to civil remedies for deprivation of constitutional rights; immigration enforcement limitations in hospitals, licensed child care centers, and public institutions of higher education; and protections against civil arrest at courthouses; and including effective date provisions

If punitive damages are sought, the court is directed to consider specified factors relating to the reprehensibility of the defendant’s conduct, including the use of facial coverings, failure to identify as law enforcement, failure to use required body-worn cameras, use of certain vehicles or crowd control equipment, and violations of court orders or consent decrees. The court is required to award reasonable attorney fees and costs to a prevailing plaintiff. The bill requires hospitals, by January 1, 2027, to adopt and implement policies governing patient privacy in hospitals when interacting with law enforcement agents engaged in immigration enforcement, including the designation of a contact person, procedures for verifying and documenting law enforcement authority, limitations on law enforcement presence absent valid legal process or safety needs, compliance with state and federal health privacy laws, training requirements, and a prohibition on retaliation. Hospitals must submit the policies to the department of health and human services, and the department may impose civil penalties for a hospital’s failure to comply. Hospital personnel are granted immunity from liability for reasonable compliance. The bill provides that mandatory reporting obligations and responses to suspected criminal activity are not affected.7A as a condition of licensure.7A to limit the disclosure of citizenship or immigration status information by licensed child care centers. The bill prohibits disclosure of actual or perceived immigration status of a child or associated person unless required by law, while preserving information sharing permitted under federal law. The bill does not affect mandatory reporting or emergency interactions with law enforcement. The bill requires the department of health and human services to make family-focused resources available online including a family’s constitutional rights and family preparedness plans. By January 1, 2027, child care centers must adopt policies addressing law enforcement interactions, parental notification, emergency contacts, and late pick-up procedures. The bill requires the board of regents to direct public institutions of higher education to adopt policies limiting disclosure of citizenship or immigration status information, restricting the designation of such information as directory information, and protecting participation in constitutional rights and immigration-related training. Institutions are required to adopt procedures governing law enforcement access to campus, documentation of interactions, consent requirements, and public notice and resource availability. The bill creates a private right of action for violations, subject to a limitations period and remedies specified in the bill. The bill establishes protections against civil arrest for individuals attending court proceedings in good faith, including parties, witnesses, potential witnesses, and court companions. The protections apply while traveling to, attending, and returning from court, including areas in and around the courthouse. Criminal arrests supported by probable cause or judicial warrants are not affected by the bill. The bill provides that a person may bring a civil action for false imprisonment against any person who knew or reasonably should have known that the person arrested is a person attending a court proceeding in good faith as a party, witness, potential witness, or court companion. The judicial branch and court employees acting lawfully are exempt, and existing defenses, including qualified immunity, are preserved. The bill takes effect upon enactment.