Bill Text: AZ SB1680 | 2020 | Fifty-fourth Legislature 2nd Regular | Introduced
Bill Title: False; misleading testimony; perjury
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-02-06 - Senate read second time [SB1680 Detail]
Download: Arizona-2020-SB1680-Introduced.html
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REFERENCE TITLE: false; misleading testimony; perjury |
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State of Arizona Senate Fifty-fourth Legislature Second Regular Session 2020
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SB 1680 |
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Introduced by Senator Farnsworth D
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AN ACT
amending title 12, chapter 13, article 3, Arizona Revised Statutes, by adding section 12‑2224; amending section 13‑2702, Arizona Revised Statutes; amending title 13, chapter 27, Arizona Revised Statutes, by adding sections 13‑2708 and 13‑2709; relating to perjury.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 12, chapter 13, article 3, Arizona Revised Statutes, is amended by adding section 12-2224, to read:
12-2224. False evidence or testimony; withholding exculpatory evidence; suspension of proceedings; law enforcement investigation; report
A. This law is superior to all other law except the United States and Arizona constitutions.
B. Prior to initiating civil or criminal proceedings, the court shall advise the parties in writing of the provisions of this statute and title 13, chapter 27. An affidavit of service shall be placed on the court record. Failure to confirm this notice shall render subsequent orders of the court void and unenforceable.
C. At any time during or prior to a civil or criminal proceeding, if a party or the court has probable cause to believe that anyone in the proceeding has provided material evidence or testimony that is false or anyone has withheld exculpatory evidence the party may furnish a criminal complaint to the court. The court shall subsequently suspend all further proceedings in the case until the matter has been processed pursuant to title 13, chapter 27. No person shall be compelled to give evidence against themselves. If questioned, a person may either declare the person's fifth amendment protections, which is not an admission of guilt, or provide the truth, the whole truth and nothing but the truth.
D. The clerk of the court shall provide all evidence and allegations to a law enforcement agency, which shall conduct an investigation and produce a report as prescribed in title 13, chapter 27.
E. The court may resume the court proceedings only after the law enforcement agency has provided the investigatory report and there are no pending proceedings before a grand jury or subsequent criminal actions.
F. At all times, everyone shall take all reasonable measures and discussions aimed at resolving this criminal matter by providing the truth, the whole truth and nothing but the truth to the court and thus preserving the integrity of the judicial system.
Sec. 2. Section 13-2702, Arizona Revised Statutes, is amended to read:
13-2702. Perjury; subornation of perjury; classification
A. A person commits perjury by making either:
1. Making a false sworn statement in regard to a material issue, believing it to be false.
2. Making a false unsworn declaration, certificate, verification or statement in regard to a material issue that the person subscribes as true under penalty of perjury, believing it to be false.
3. Wilfully withholding exculpatory evidence in a criminal or civil proceeding.
4. Wilfully making a false accusation of perjury or subornation of perjury while believing the accusation to be false.
B. A person who Procures another to commit perjury is guilty of subornation of perjury.
B. C. Perjury A violation of this section is a class 4 felony.
Sec. 3. Title 13, chapter 27, Arizona Revised Statutes, is amended by adding sections 13-2708 and 13-2709, to read:
13-2708. Correcting mistaken information; complaints; prosecutorial discretion; immunity
A. Before a person may be charged with a violation of this chapter, the person must be provided with reasonable opportunities to correct mistakes so that criminal prosecution may be avoided.
B. The criminal complaint may be filed by any person to the appropriate law enforcement agency, including the county attorney or attorney general. The prosecutor shall conduct an investigation and produce a report containing evidence and list possible criminal charges and recommendations and present the report to the grand jury and to the complainant.
C. Prosecutorial discretion for this chapter shall be exercised exclusively by the grand jury.
D. The only person who has immunity is the judge, who only has judicial immunity.
13-2709. Perjury and related offenses; statute of limitation; dismissing criminal case
A. The statute of limitations for a violation of this chapter is pursuant to section 13-107, subsection B, paragraph 1, unless a minor who is the subject of related civil litigation has not yet reached eighteen years of age.
B. A prosecution for a violation of this chapter may not be dismissed or reduced to a charge lesser than a class 5 felony except on the agreement of the complainant or if a grand jury dismisses the complaint or indictment.
C. If a person has a license issued by this state or a political subdivision of this state and the person is found guilty of a felony that is included in this chapter, the court shall order the licensing entity to revoke or amend the license provisions so that the person is prohibited in any way from providing evidence or participating in a court proceeding in this state unless they are a party to the case. Violation of this prohibition shall be considered fraud pursuant to section 13-2310, subsection A. The clerk of the court shall provide a copy of the court order to the licensing entity and to the convicted person.
