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REFERENCE TITLE: peace officers; liability; unlawful act |
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State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session 2022
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HB 2518 |
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Introduced by Representatives Bolding: Cano, Longdon, Powers Hannley
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AN ACT
amending title 12, chapter 7, article 2, Arizona Revised Statutes, by adding section 12-820.06; amending section 13-413, Arizona Revised Statutes; relating to actions against public employees.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 12, chapter 7, article 2, Arizona Revised Statutes, is amended by adding section 12-820.06, to read:
12-820.06. Peace officers; civil liability for violation of declaration of rights; attorney fees and costs; indemnification; statute of limitations
A. NOTWITHSTANDING ANY OTHER LAW, A PEACE OFFICER WHO, IN THE PERFORMANCE OF THE peace OFFICER'S DUTIES OR THE FAILURE TO INTERVENE, SUBJECTS ANOTHER PERSON OR CAUSES ANOTHER PERSON TO BE SUBJECTED TO THE DEPRIVATION OF ANY INDIVIDUAL RIGHT THAT CREATES A BINDING OBLIGATION ON A GOVERNMENT ACTOR AND THAT IS SECURED BY THE RIGHTS ENUMERATED IN THE DECLARATION OF RIGHTS, ARTICLE II, CONSTITUTION OF ARIZONA, IS LIABLE TO THE INJURED PARTY FOR LEGAL OR EQUITABLE RELIEF OR ANY OTHER APPROPRIATE RELIEF.
B. QUALIFIED IMMUNITY IS NOT A DEFENSE TO LIABILITY PURSUANT TO THIS SECTION.
C. IN AN ACTION BROUGHT PURSUANT TO THIS SECTION, A COURT SHALL AWARD REASONABLE ATTORNEY FEES AND COSTS TO A PREVAILING PLAINTIFF. IN AN ACTION FOR INJUNCTIVE RELIEF, A COURT SHALL DEEM A PLAINTIFF TO HAVE PREVAILED IF THE PLAINTIFF'S SUIT WAS A SUBSTANTIAL FACTOR OR SIGNIFICANT CATALYST IN OBTAINING THE RESULTS SOUGHT BY THE LITIGATION. IF A JUDGMENT IS ENTERED IN FAVOR OF A DEFENDANT, THE COURT MAY AWARD REASONABLE ATTORNEY FEES AND COSTS TO THE DEFENDANT FOR DEFENDING ANY CLAIM THAT THE COURT FINDS FRIVOLOUS.
D. NOTWITHSTANDING ANY OTHER LAW, A PEACE OFFICER'S EMPLOYER SHALL INDEMNIFY A PEACE OFFICER FOR ANY LIABILITY INCURRED BY THE PEACE OFFICER AND FOR ANY JUDGMENT OR SETTLEMENT ENTERED AGAINST THE PEACE OFFICER FOR A CLAIM ARISING PURSUANT TO THIS SECTION UNLESS THE PEACE OFFICER'S EMPLOYER DETERMINES THAT THE PEACE OFFICER DID NOT ACT ON A GOOD FAITH AND REASONABLE BELIEF THAT THE ACTION WAS LAWFUL. IF THE PEACE OFFICER DID NOT ACT ON A GOOD FAITH AND REASONABLE BELIEF THAT THE ACTION WAS LAWFUL, THE PEACE OFFICER IS PERSONALLY LIABLE AND may NOT BE INDEMNIFIED BY THE PEACE OFFICER'S EMPLOYER FOR FIVE PERCENT OF THE JUDGMENT OR SETTLEMENT OR $25,000, WHICHEVER IS LESS. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, IF THE PEACE OFFICER'S PORTION OF THE JUDGMENT IS UNCOLLECTIBLE FROM THE PEACE OFFICER, THE PEACE OFFICER'S EMPLOYER OR INSURER SHALL SATISFY THE FULL AMOUNT OF THE JUDGMENT OR SETTLEMENT. A PUBLIC ENTITY is not required TO INDEMNIFY A PEACE OFFICER IF THE PEACE OFFICER IS CONVICTED OF A CRIMINAL VIOLATION FOR THE CONDUCT FROM WHICH THE CIVIL ACTION ARISES.
E. A CIVIL ACTION PURSUANT TO THIS SECTION MUST BE COMMENCED WITHIN TWO YEARS AFTER THE CAUSE OF ACTION ACCRUES.
Sec. 2. Section 13-413, Arizona Revised Statutes, is amended to read:
13-413. No civil liability for justified conduct; exception
A. No A person in this state shall be is not subject to civil liability for engaging in conduct that is otherwise justified pursuant to the provisions of this chapter.
B. This section does not apply to a peace officer who engages in conduct that is justified pursuant to section 13-409 or 13-410.