Second Regular Session H.B. 2722
PROPOSED
SENATE AMENDMENTS TO H.B. 2722
(Reference to House engrossed bill)
Page 1, line 8, after "person's" insert "lawful"
Line 9, after the second comma insert "the freedom of the press,"
Line 11, after "person" insert "other than a state actor or an intervenor"
Line 17, after "B." insert "A person who files a motion pursuant to subsection A of this section has the burden of establishing prima facie proof that the legal action was substantially motivated by a desire to deter, retaliate against or prevent the lawful exercise of a constitutional right. The moving person may submit evidence based on the record, a sworn affidavit or other evidence that is submitted with the motion to dismiss or quash. A party is not required to file a response to a motion filed pursuant to subsection A of this section unless and until the court finds that the moving party has established the prima facie proof and orders the party to file a response."
Line 23, strike "supported" insert "justified"
Line 24, after "that" strike remainder of line
Line 25, strike "of fact could not reasonably find that"; strike "acted" insert "did not act"
Line 27, after the period insert "A state actor may satisfy the requirements of this paragraph by doing any of the following:
(a) Establishing that the person who initiated and conducted an investigation that resulted in the legal action and that made the decision to pursue the legal action was unaware of the movant's lawful exercise of the constitutional right.
(b) Establishing that the state actor has a consistent practice of pursuing similar legal actions against SIMILARLY situated persons who did not lawfully exercise constitutional rights.
(c) Producing any other evidence that the court finds sufficient."
Page 1, line 30, after the first "or" insert "supported"
Line 32, after "shall" insert "conduct an evidentiary hearing or"
Strike lines 39 through 42
Page 2, line 1, after "proper" insert ", including a later time after there is actual notice of a party's misconduct"; after the period strike remainder of line
Strike lines 2 through 4, insert "If the court finds that prima facie proof has been established as prescribed in subsection B of this section, The court, if possible, shall conduct an expedited hearing on the motion."
Lines 6 and 7, strike "the filing of a notice of motion made pursuant to" insert "a finding of prima facie proof as prescribed in subsection B of"
Line 12, strike "shall" insert "may"
Line 14, after "dismiss" insert "or quash"
Line 17, after "incurred" strike remainder of line
Line 18, strike "pursuant to this section"
Line 28, after "H." insert "if the court determines that the moving party has established prima facie proof as prescribed in subsection B of this section,"
Strike lines 35 and 36, insert:
"3. 2. Create any privileges or immunities or otherwise affect, limit or preclude any privileges or immunities authorized by law."
Renumber to conform
Line 45, after "prosecution" insert ", except for a drug trafficking offense included in title 13, chapter 34 or 34.1, a riot or a serious offense or violent or aggravated felony as defined in section 13-706"
Page 3, line 41, after "12-751" insert ", Unless the court did not find that the moving party established prima facie proof as prescribed in section 12-751, subsection B"
Page 4, between lines 28 and 29, insert:
"Sec. 4. Section 22-261, Arizona Revised Statutes, is amended to read:
22-261. Judgments that may be appealed
A. Any party to a final judgment of a justice court may appeal to the superior court.
B. The party aggrieved by a judgment in any action in which the validity of a tax, impost, assessment, toll or a state statute of the state is involved may appeal to the superior court without regard to the amount in controversy.
C. Unless the court did not find that the moving party established prima facie proof as prescribed in section 12-751, subsection B, The party aggrieved by an order granting or denying a motion to dismiss or quash pursuant to section 12-751 may file an appeal to the superior court. The superior court shall expedite any appeal filed pursuant to this subsection unless the court for good cause finds that expedited review is not feasible under the circumstances or a court rule specifically provides otherwise.
C. D. An appeal shall be on the record of the proceedings if such record includes a transcript of the proceedings. De novo trials shall be granted only when the transcript of the proceedings in the superior court's evaluation is insufficient or in such a condition that the court cannot properly consider the appeal. A trial de novo shall not be granted when a party had the opportunity to request that a transcript of the lower court proceedings be made and failed to do so. At the beginning of each proceeding the judge shall advise the parties that their right to appeal is dependent on their requesting that a record be made of the justice court proceedings. Any party to an action may request that the proceedings be recorded for appeal purposes. The cost of recording trial proceedings is the responsibility of the court. The cost of preparing a transcript, if appealed, is the responsibility of the party appealing the case. The supreme court shall establish by rule the methods of recording trial proceedings for record appeals to the superior court, including electronic recording devices or manual transcription."
Amend title to conform