REFERENCE TITLE: criminal charges; unlawful orders; reimbursement

State of Arizona Senate Fifty-second Legislature Second Regular Session 2016

SB 1272

Introduced by Senator Quezada; Representatives Andrade, Cardenas, Velasquez: Espinoza, Fernandez, Mendez

 

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