PRIVILEGES OF MEMBERS

 

     Section 7.  No member of the legislature shall be held to answer before any other tribunal for any statement made or action taken in the exercise of the member's legislative functions; and members of the legislature shall, in all cases except felony or breach of the peace, be privileged from arrest during their attendance at the sessions of their respective houses, and in going to and returning from the same. [Ren and am Const Con 1978 and election Nov 7, 1978]

 

Attorney General Opinions

 

  Traffic violation excluded from the grant of legislative immunity under this section.  Att. Gen. Op. 87-5.

 

Case Notes

 

  Order denying motion for summary judgment based on legislative privilege is final appealable order.  54 H. 376, 507 P.2d 719.

  "Exercise of legislative functions" construed.  55 H. 595, 525 P.2d 594.

  Based on the record, not indisputable that legislator's remarks were constitutionally privileged.  66 H. 133, 658 P.2d 312.