(a) When a person is privileged from arrest on execution so informs the officer at the time the arrest is made and claims his or her privilege, the giving of a jail bond shall not be deemed a waiver thereof but the facts shall be sufficient defense to an action for breach of condition of the bond.
(b) The person making the arrest shall state in his or her return of service of the execution that the person arrested made known to him or her and claimed his or her privilege from arrest.