Bill Text: AZ SB1221 | 2021 | Fifty-fifth Legislature 1st Regular | Chaptered
Bill Title: Vulnerable adults; jurisdiction; grand juries
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2021-04-09 - Chapter 206 [SB1221 Detail]
Download: Arizona-2021-SB1221-Chaptered.html
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House Engrossed Senate Bill
vulnerable adults; jurisdiction; grand juries |
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State of Arizona Senate Fifty-fifth Legislature First Regular Session 2021
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CHAPTER 206
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SENATE BILL 1221 |
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AN ACT
Amending sections 21-102 and 21-422, Arizona Revised Statutes; relating to juries.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 21-102, Arizona Revised Statutes, is amended to read:
21-102. Juries; size; degree of unanimity required; waiver; right to jury determination in certain civil actions
A. A jury for trial of a criminal case in which a sentence of death or imprisonment for thirty years or more is authorized by law shall consist of twelve persons, and the concurrence of all shall be necessary to render a verdict.
B. A jury for trial in any court of record of any other criminal case shall consist of eight persons, and the concurrence of all shall be necessary to render a verdict.
C. A jury for trial in any court of record of a civil case shall consist of eight persons, and the concurrence of all but two shall be necessary to render a verdict.
D. In a court not of record, a jury for trial of any case shall consist of six persons. The concurrence of all in a criminal case and all but one in a civil case shall be necessary to render a verdict.
E. The parties in a civil case, and the parties with the consent of the court in a criminal case, may waive trial by jury, or at any time before a verdict is returned consent to try the case with or receive a verdict concurred in by a lesser number of jurors than that specified above.
F. Unless the parties waive trial by jury pursuant to subsection E of this section, in a civil action brought by or on behalf of the state for a violation of a statute that declares an act or practice unlawful, a jury shall determine liability, wilfulness and the amount of any available monetary remedies, including restitution, disgorgement and civil penalties.
Sec. 2. Section 21-422, Arizona Revised Statutes, is amended to read:
21-422. Powers and duties
A. The law applicable to county grand juries, including their powers, duties and functions, applies to the state grand juries except insofar as it is in conflict with this article. The supreme court shall adopt rules to govern the procedures of state grand juries.
B. The state grand jury shall investigate and return indictments for only those offenses or violations of law arising out of or in connection with:
1. The determination or collection of state taxes, the registration or failure to register securities, the offer or sale of securities, the offer or sale of interests in land, the formation or operation of banks, insurance companies, pension funds, labor unions, professional sports enterprises, corporate enterprises, or business enterprises, the making or collecting of loans, events leading to receivership or declaration of bankruptcy by a business enterprise, the sale or purchase of goods or services by or for the state or political subdivisions, bribery, obstruction of justice, hindering prosecution or any form of intentional, knowing or corrupt misconduct involving any person compensated by public funds.
2. Any fraud, theft or possession, receipt, sale or transportation of stolen property or other contraband, or gambling or prostitution or narcotics, which THAT occurs in more than one county or which THAT occurs in one county and affects the residents of another county or which THAT may be prosecuted by more than one county attorney.
3. Perjury, false swearing, OR unsworn falsification, or any violation of title 13, chapter 28 in connection with any state grand jury proceeding, committed by any person testifying before it or in any trial or other proceeding involving any indictment returned by a state grand jury.
4. Any perjury by subornation or attempted perjury by subornation relating to testimony before it or in any trial or other proceeding involving any indictment returned by a state grand jury.
5. Any violation of title 13, chapter 23 or section 38-421 or 39-161.
6. Any violation of title 13, chapter 35.1 if committed using a computer or network as defined in section 13-2301 and if any part of the conduct either:
(a) Occurs in more than one county, state or country.
(b) Affects the residents of another county, state or country.
(c) May be prosecuted by more than one county, state or country.
7. Any violation of title 13 or 46 if the victim is a vulnerable adult as defined in section 13-3623 or 46-451.
7. 8. Any criminal wrongdoing that is referred in writing by a county attorney and that is accepted in writing by the attorney general.
C. If a state grand jury, pursuant to an investigation under subsection B of this section, learns of an offense for which it lacks jurisdiction to indict, the grand jury shall direct the attorney general to inform the appropriate prosecutorial authority.
D. Nothing in This article shall be construed to DOES not limit the jurisdiction of the county grand juries or county attorneys, nor shall an investigation by a state grand jury be deemed preemptive of a previously instituted investigation by another grand jury or agency having jurisdiction under the same subject matter unless good cause is shown.
APPROVED BY THE GOVERNOR APRIL 9, 2021.
FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 9, 2021.
