Senate Engrossed

legislative subpoenas; records; penalties

legislative subpoena; records; privilege

State of Arizona

Senate

Fifty-fifth Legislature

First Regular Session

2021

SENATE BILL 1408

AN ACT

amending title 41, chapter 7, article 3, Arizona Revised Statutes, by adding section 41-1134; amending section 41-1152, Arizona Revised Statutes; relating to the legislature.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section 1. Title 41, chapter 7, article 3, Arizona Revised Statutes, is amended by adding section 41-1134, to read:

START_STATUTE41-1134. Legislative investigations; authority

The legislature's plenary authority to conduct an investigation on any matter may not be infringed by any other law. END_STATUTE

Sec. 2. Section 41-1152, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1152. Immunity of witnesses; election records

A. Testimony or evidence produced pursuant to this article may not be admitted in evidence or used in any manner in any criminal prosecution against a natural person sworn and examined before either house of the legislature or any committee of either house, except for perjury, false swearing, tampering with physical evidence or any other offense committed in connection with an appearance required by section 41-1151 if it constitutes either the compelled testimony or the private papers of such person which that would be privileged evidence pursuant to the fifth amendment of the Constitution of the United States or article II, section 10, of the Constitution of Arizona, and such person claimed the privilege against self-incrimination and a majority of the committee, after consultation with the attorney general, votes to order such person to testify or produce such papers.

B. Except as provided in subsection A of this section and notwithstanding any other law, county election equipment, systems and records and other information that is under the control of county personnel may not be deemed privileged information, confidential information or other information protected from disclosure, are subject to subpoena and must be produced.  A court may compel a person to produce the records that are subject to the subpoena. END_STATUTE

Sec. 3. Retroactivity

This act applies retroactively to from and after December 31, 2019.