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.

  Trial court's denial of state senator's absolute legislative immunity claim was an immediately appealable collateral order, given that:  (1) denial of senator's motion to dismiss conclusively determined senator's claim of immunity; (2) legislative immunity issue was conceptually distinct from the merits of plaintiff's claims against senator; and (3) senator's entitlement not to stand trial or face the other burdens of litigation would be lost if senator was required to proceed as a party until a final judgment.  137 H. 249, 369 P.3d 832 (2016).