REFERENCE TITLE: death penalty; prohibition

State of Arizona

House of Representatives

Fifty-fifth Legislature

First Regular Session

2021

HCR 2039

Introduced by

Representatives Salman: Andrade, Cano, Hernandez M, Longdon, Powers Hannley, Terán, Tsosie, Senator Mendez

A CONCURRENT Resolution

proposing an amendment to the constitution of Arizona; amending article II, sections 22 and 23, constitution of Arizona; amending article II, Constitution of Arizona, by adding section 38; repealing article XXII, section 22, constitution of Arizona; relating to the death penalty.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it resolved by the House of Representatives of the State of Arizona, the Senate concurring:

1. Article II, sections 22 and 23, Constitution of Arizona, are proposed to be amended as follows if approved by the voters and on proclamation of the Governor:

START_STATUTE22. Bailable offenses

Section 22. A. All persons charged with crime shall be bailable by sufficient sureties, except:

1. For capital offenses, sexual assault, sexual conduct with a minor under fifteen years of age or molestation of a child under fifteen years of age when the proof is evident or the presumption great.

2. For felony offenses committed when the person charged is already admitted to bail on a separate felony charge and where the proof is evident or the presumption great as to the present charge.

3. For felony offenses if the person charged poses a substantial danger to any other person or the community, if no conditions of release which may be imposed will reasonably assure the safety of the other person or the community and if the proof is evident or the presumption great as to the present charge.

4. For serious felony offenses as prescribed by the legislature if the person charged has entered or remained in the United States illegally and if the proof is evident or the presumption great as to the present charge.

B. The purposes of bail and any conditions of release that are set by a judicial officer include:

1. Assuring the appearance of the accused.

2. Protecting against the intimidation of witnesses.

3. Protecting the safety of the victim, any other person or the community.END_STATUTE

START_STATUTE23. Trial by jury; number of jurors specified by law

Section 23. The right of trial by jury shall remain inviolate. Juries in criminal cases in which a sentence of death or imprisonment for thirty years or more is authorized by law shall consist of twelve persons. In all criminal cases the unanimous consent of the jurors shall be necessary to render a verdict. In all other cases, the number of jurors, not less than six, and the number required to render a verdict, shall be specified by law. END_STATUTE

2. Article II, Constitution of Arizona, is proposed to be amended by adding section 38 as follows if approved by the voters and on proclamation of the Governor:

START_STATUTE38. Sentence of death; prohibition

Section 38. No person shall be sentenced to death in this state. END_STATUTE

3. Article XXII, section 22, Constitution of Arizona, is proposed to be repealed as follows if approved by the voters and on proclamation of the Governor:

Article XXII, section 22, Constitution of Arizona, relating to the judgment of death, is repealed.

4. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article XXI, Constitution of Arizona.