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REFERENCE TITLE: legislative subpoena |
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State of Arizona House of Representatives Fifty-fifth Legislature First Regular Session 2021
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HB 2501 |
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Introduced by Representatives Bolick: Kavanagh
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AN ACT
amending sections 41‑1153 and 41‑1154, Arizona Revised Statutes; relating to Witnesses and Punishment of Contempts.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 41-1153, Arizona Revised Statutes, is amended to read:
41-1153. Disobedience of subpoena as legislative contempt
A. If a witness neglects or refuses to obey a legislative subpoena, or, appearing, neglects or refuses to testify, the senate or the house may of representatives, by resolution entered in the journal, may commit him the witness for contempt.
B. A witness neglecting public official who neglects or refusing refuses to attend in obedience to a subpoena may be arrested by the sergeant‑at‑arms and brought before the senate or house upon of representatives on authority of a copy of the resolution order signed by the president or of the senate, speaker, and countersigned by the secretary or chief clerk of the house of representatives or chairperson of the committee that issued the subpoena. The sergeant‑at‑arms may seize any material and relevant books, papers or documents from the public official on the same authority.
C. Any member of the legislature may bring an action in superior court to enforce a legislative subpoena.
D. This section does not limit the contempt authority of the legislature.
Sec. 2. Section 41-1154, Arizona Revised Statutes, is amended to read:
41-1154. Disobedience of legislative subpoena or refusal to give testimony or produce papers; violation; classification
A person who, being subpoenaed to attend as a witness before either house of the legislature or any committee thereof, knowingly fails or refuses without lawful excuse to attend pursuant to such subpoena, or being present knowingly refuses to be sworn or to answer any material or proper question, or to produce, upon on reasonable notice, any material and relevant books, papers or documents in his the person's possession or under his the person's control, is guilty of a class 2 misdemeanor. a subpoena may be issued to command the production of any material and relevant books, papers or documents without requiring the attendance of the person subject to the subpoena.