Bill Text: AZ HB2528 | 2023 | Fifty-sixth Legislature 1st Regular | Introduced

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Bill Title: Criminal liability; exception; requirements

Spectrum: Partisan Bill (Republican 10-0)

Status: (Introduced - Dead) 2023-01-26 - House read second time [HB2528 Detail]

Download: Arizona-2023-HB2528-Introduced.html

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REFERENCE TITLE: criminal liability; exception; requirements

 

 

 

 

State of Arizona

House of Representatives

Fifty-sixth Legislature

First Regular Session

2023

 

 

 

HB 2528

 

Introduced by

Representatives Kolodin: Chaplik, Dunn, Gillette, Livingston, Montenegro, Senators Bennett, Kern, Shamp, Wadsack

 

 

 

 

 

 

 

 

An Act

 

amending section 13-201, Arizona Revised Statutes; relating to criminal liability.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

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

Section 1. Section 13-201, Arizona Revised Statutes, is amended to read:

START_STATUTE13-201. Requirements for criminal liability; jury determination; criminal liability for abortion offenses; nonseverability

Notwithstanding any other portions of this title, the minimum requirement requirements for criminal liability is are as follows:

1. The performance by a person of conduct which includes a voluntary act or the omission to perform a duty imposed by law which the person is physically capable of performing, and

2. that the act or omission is morally wrongful considering the facts and circumstances in which the act or omission occurred.  What is morally wrongful considering the facts and circumstances in which an act or OMISSION occurred shall at all times be a question of fact for the jury.  This paragraph shall not apply to offenses relating to abortion.  What constitutes an offense relating to abortion shall be broadly construed.

3. No portion of paragraph 2 of this section is severable from any other. If any portion of paragraph 2 of this section is found to be UNENFORCEABLE the entirety of paragraph 2 of this section shall be void. END_STATUTE