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1997 SESSION

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HJ 432 Constitutional amendment; immunity of legislators.

Introduced by: Robert E. Nelms | all patrons    ...    notes | add to my profiles

SUMMARY:

Constitutional amendment (first resolution); immunity of legislators. Deletes the provision which prevents the arrest of a legislator while the General Assembly is in session for crimes other than treason, felony or breach of the peace. The term "breach of the peace" has been broadly construed, and legislators are subject to arrest for most crimes under the present constitution. The proposed amendment does not change the immunity provided for legislators in two other instances: the speech or debate immunity provision; and the immunity from civil arrest during a session and the fifteen days before or after a session.


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