Bill Text: AZ HB2303 | 2017 | Fifty-third Legislature 1st Regular | Introduced

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Bill Title: Dissolution of marriage; perjury; damages

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-01-19 - House read second time [HB2303 Detail]

Download: Arizona-2017-HB2303-Introduced.html

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REFERENCE TITLE: dissolution of marriage; perjury; damages

 

 

 

State of Arizona

House of Representatives

Fifty-third Legislature

First Regular Session

2017

 

 

HB 2303

 

Introduced by

Representative Kern

 

 

AN ACT

 

Amending Title 25, chapter 3, Arizona Revised Statutes, by adding article 6; relating to dissolution of marriage.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 25, chapter 3, Arizona Revised Statutes, is amended by adding article 6, to read:

ARTICLE 6.  GENERAL PROVISIONS

START_STATUTE25-371.  Dissolution action; perjury; damages; definitions

A.  In addition to any sanctions pursuant to section 25-415, a party in a dissolution action may bring a separate action against the other party to the dissolution action for damages suffered as a result of the other party's perjury in the dissolution action.

B.  The party who makes a claim for perjury must show that either:

1.  The other party committed perjury by clear and convincing evidence.

2.  The other party was convicted of perjury for the conduct that is the basis of the action brought pursuant to this section.

C.  If the court finds that the party who brought the action pursuant to this section has met the party's burden pursuant to subsection B of this section, the court may award:

1.  Damages in an amount that is the greater of either:

(a)  Five hundred dollars for each occurrence of perjury.

(b)  Ten thousand dollars.

2.  Punitive damages if appropriate.

3.  Reasonable costs and attorney fees.

D.  A party must commence an action pursuant to this section within one year after the date the party has a reasonable opportunity to discover the perjury.

E.  For the purposes of this section:

1.  "Dissolution action" means an action brought pursuant to this chapter or chapter 4 of this chapter.

2.  "perjury" means perjury as proscribed in section 13‑2702. END_STATUTE