Bill Text: AZ SB1426 | 2017 | Fifty-third Legislature 1st Regular | Introduced

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Bill Title: Criminal charges; unlawful orders; reimbursement

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2017-02-01 - Senate read second time [SB1426 Detail]

Download: Arizona-2017-SB1426-Introduced.html

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REFERENCE TITLE: criminal charges; unlawful orders; reimbursement

 

 

 

State of Arizona

Senate

Fifty-third Legislature

First Regular Session

2017

 

 

SB 1426

 

Introduced by

Senators Quezada: Mendez; Representatives Andrade, Salman

 

 

AN ACT

 

amending title 13, chapter 1, Arizona Revised Statutes, by adding section 13‑112; relating to violations of unlawful orders.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

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

Section 1.  Title 13, chapter 1, Arizona Revised Statutes, is amended by adding section 13-112, to read:

START_STATUTE13-112.  Violation of an unlawful order; attorney fees and costs; definition

A.  If a person is charged with a crime and it is determined that the underlying factual basis for the crime involved violating an unlawful order, the court shall dismiss those charges and order the prosecuting agency that filed the charges to reimburse the defendant for any attorney fees and costs that the defendant incurred as a result of defending the charges.

B.  For the purposes of this section, "unlawful order" means an order that violates a person's constitutional or statutory rights. END_STATUTE