5.00.130     LEGISLATORS        (CALEA 61.1.3)

 

Members of the State Legislature are privileged from civil arrest and any civil process for a period that begins 15 days before the commencement and during each legislative session.  Legislators are not privileged when it comes to arrest for commission of any crime or pursuant to a criminal warrant.  They may be issued traffic citations and they may be taken into custody for the purpose of obtaining a breath test, but they will not, unless otherwise directed by a court of competent jurisdiction, be incarcerated for infraction or misdemeanor violations while the state legislature is in session.  (State Constitution, Article 2, Section 16.)