On March 25, the Georgia State Patrol arrested Georgia State Representative Park Cannon inside the Georgia State Capitol building as she knocked on the door of a room where the governor, Brian Kemp, was signing a bill to make it harder for Georgians to vote. The Atlanta Journal-Constitution, source of the image at left, tells the story here.
It's unusual for the state police to arrest a state legislator in the state capitol, not just in Georgia but in civilized states as well. As a public service to Representative Cannon and an aid to the Georgia State Patrol, I share the following bits of information.
First is that Article III, Section IV, Paragraph IX of the Georgia Constitution states:
Paragraph IX. Privilege of members. The members of both houses shall be free from arrest during sessions of the General Assembly, or committee meetings thereof, and in going thereto or returning therefrom, except for treason, felony, or breach of the peace. No member shall be liable to answer in any other place for anything spoken in either house or in any committee meeting of either house.
Second is since at least September 6, 2002 Policy No. 17.12 of the Policy Manual of the Georgia State Patrol has provided this guidance to its officers, which the manual states is to be distributed to all sworn employees. The first extract is part of the state's general policy to educate its officers that certain persons are immune from arrest:
17.12.2 Policy
Federal, state and international laws provide that under certain circumstances, individuals may be immune from arrest. With the limited exception of certain diplomatic officials, immunity from arrest does not preclude prosecution of the individual for the offense for which immunity from arrest is claimed. In all cases in which immunity is claimed, a member has the right to detain the person long enough to verify that the person is entitled to the immunity claimed. This can usually be done by examination of official identification cards. The member may also request that the Communications Equipment Officer contact the appropriate government agency to verify the individual's status.
In all cases in which a person asserts immunity from arrest, the detaining member [of the state patrol] shall immediately notify their supervisor. See the Diplomatic and Consular Immunity Requests for Asylum/Defection Exhibit #17.12-4.
A member shall not permit a person who is entitled to immunity from arrest to continue to operate a motor vehicle or boat if the member has probable cause to believe that the person is under the influence of alcohol or drugs.
The following section covers state legislators specifically:
17.12.3 Procedures
A. Troop officers shall be notified, through the chain of command, whenever a member cites or detains one of the groups or officials listed in 17.12.3 B-D.
B. [United States Senators and Congressmen]
C. State Legislators
1. The members of both houses shall be free from arrest during sessions of the General Assembly, or committee meetings thereof, and in going thereto or returning therefrom, except for treason, felony, or breach of the peace, e.g. DUI or assault. Legislators shall not be liable to answer in any other place for anything spoken in either house or in any committee meeting of either house. A member can write a UTC or warning for a traffic violation.
It's possible that the training of the patrol members on duty at the Capitol has worn off. No particular penalty is prescribed for an officer who violates the Georgia Constitution, but it could become embarrassing for the involved officers and their supervisor.