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REFERENCE TITLE: legislative subpoenas; records; penalties |
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State of Arizona Senate Fifty-fifth Legislature First Regular Session 2021
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SB 1408 |
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Introduced by Senator Petersen
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AN ACT
amending sections 41‑1152 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 41-1152, Arizona Revised Statutes, is amended to read:
41-1152. Immunity of witnesses; 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, records may not be deemed privileged information, confidential information or other information protected from disclosure, and are subject to subpoena and must be produced. A court may compel a person to produce the records that are subject to the subpoena.
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 and in addition to any other fine authorized by law, the court may impose a fine of $1,000 per day.