Bill Text: AZ SB1041 | 2012 | Fiftieth Legislature 2nd Regular | Engrossed

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Bill Title: Constables; prohibited acts

Spectrum: Partisan Bill (Republican 5-0)

Status: (Engrossed - Dead) 2012-03-29 - House majority caucus: Do pass [SB1041 Detail]

Download: Arizona-2012-SB1041-Engrossed.html

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Senate Engrossed

 

 

 

 

State of Arizona

Senate

Fiftieth Legislature

Second Regular Session

2012

 

 

SENATE BILL 1041

 

 

 

AN ACT

 

Amending section 22-131, Arizona Revised Statutes; relating to constables.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

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

Section 1.  Section 22-131, Arizona Revised Statutes, is amended to read:

START_STATUTE22-131.  Constables; powers and duties; prohibited acts

A.  Constables shall attend the courts of justices of the peace within their precincts when required, and within their counties execute, serve and return all processes, warrants and notices directed or delivered to them by a justice of the peace of the county or by competent authority.  In addition to any other provision of law these duties may be enforced by the presiding judge of the superior court in the county, including the use of the power of contempt.

B.  Constables shall attend the training prescribed in section 22‑137.

C.  Constables, with the consent of and at salaries fixed by the board of supervisors, may appoint deputies who are certified pursuant to section 41‑1822, subsection A, paragraph 3, stenographers, clerks and assistants necessary to conduct the affairs of their offices.  The appointments shall be in writing and filed in the office of the county recorder.

D.  The provisions of law relating to sheriffs, as far as applicable, shall govern the powers, duties and liabilities of constables.

E.  A constable who is duly elected or who is appointed by the board of supervisors has the authority of a peace officer only in the performance of the constable's official duties.

F.  A constable may execute, serve and return processes and notices as prescribed in subsection A of this section within any precinct in another county if that precinct adjoins the precinct in which the constable was elected or appointed.

G.  A constable is prohibited from engaging in any act as a private process server outside of the constable's elected or appointed duties.  A constable shall not own an interest in any entity that operates a private process serving business.  This subsection does not apply to a constable who employs a private process server on behalf of the county. END_STATUTE