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REFERENCE TITLE: foreign judicial determinations; judgments |
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State of Arizona Senate Forty-ninth Legislature Second Regular Session 2010
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SB 1396 |
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Introduced by Senator Gray C
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AN ACT
amending title 12, chapter 1, Arizona Revised Statutes, by adding article 5; amending title 12, chapter 6, Arizona Revised Statutes, by adding article 6.2; relating to foreign judicial determinations.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 12, chapter 1, Arizona Revised Statutes, is amended by adding article 5, to read:
ARTICLE 5. JUDICIAL DETERMINATIONS
12-181. Basis for judicial determinations
A. In every judicial determination, a court shall not cite or base its determination on a resolution, ruling, policy, law or determination of any kind made by:
1. A foreign nation.
2. An international court of justice or other similar international or multinational body.
3. An international criminal court or other similar international or multinational body.
4. The United Nations.
5. An agreement between an individual, head of state, entity or political subdivision of a state and a foreign nation.
B. This section does not apply to a judicial determination that is made pursuant to article VI, clause 2 of the Constitution of the United States.
Sec. 2. Title 12, chapter 6, Arizona Revised Statutes, is amended by adding article 6.2, to read:
ARTICLE 6.2. FOREIGN COUNTRY DEFAMATION JUDGMENTS
12-654. Foreign judgments; jurisdiction
A court of this state shall not recognize a foreign country judgment if the cause of action was based on a claim of defamation unless the court first determines that the defamation law applied by the foreign court provided at least as much protection for freedom of speech and the press as provided by both the United States and Arizona C0nstitutions.