Bill Text: AZ HB2002 | 2014 | Fifty-first Legislature 2nd Regular | Chaptered
Bill Title: Correctional officers; arrest; unlawful imprisonment
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2014-04-16 - Chapter 40 [HB2002 Detail]
Download: Arizona-2014-HB2002-Chaptered.html
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Senate Engrossed House Bill |
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State of Arizona House of Representatives Fifty-first Legislature Second Regular Session 2014
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CHAPTER 40
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HOUSE BILL 2002 |
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AN ACT
amending section 13‑1303, Arizona Revised Statutes; amending title 13, chapter 38, article 7, Arizona Revised Statutes, by adding section 13‑3907; relating to correctional officers.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-1303, Arizona Revised Statutes, is amended to read:
13-1303. Unlawful imprisonment; classification; definition
A. A person commits unlawful imprisonment by knowingly restraining another person.
B. In any prosecution for unlawful imprisonment, it is a defense that:
1. The restraint was accomplished by a peace officer or detention officer acting in good faith in the lawful performance of his duty; or
2. The defendant is a relative of the person restrained and the defendant's sole intent is to assume lawful custody of that person and the restraint was accomplished without physical injury.
C. Unlawful imprisonment is a class 6 felony unless the victim is released voluntarily by the defendant without physical injury in a safe place prior to before arrest in which case it is a class 1 misdemeanor.
D. For the purposes of this section, "detention officer" means a person other than an elected official who is employed by a county, city or town and who is responsible for the supervision, protection, care, custody or control of inmates in a county or municipal correctional institution. Detention officer does not include counselors or secretarial, clerical or professionally trained personnel.
Sec. 2. Title 13, chapter 38, article 7, Arizona Revised Statutes, is amended by adding section 13-3907, to read:
13-3907. Arrest with warrant; detention officer; definition
A. A detention officer who is acting in the officer's official capacity at a jail facility at which the detention officer is employed and pursuant to a warrant may arrest a person who is already incarcerated in that jail facility or who surrenders to that jail facility.
B. For the purposes of this section, "detention officer" means a person other than an elected official who is employed by a county, city or town and who is responsible for the supervision, protection, care, custody or control of inmates in a county or municipal correctional institution. Detention officer does not include counselors or secretarial, clerical or professionally trained personnel.
APPROVED BY THE GOVERNOR APRIL 16, 2014.
FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 17, 2014.
