ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

Second Regular Session

Senate: JUD DP 7-0-1-0 | 3rd Read DP 27-0-3-0

SB 1060: survival of action; deceased sheriff.

Sponsor: Senator Borrelli, LD  5

Committee on Military Affairs & Public Safety

Overview

Repeals statute stating that a cause of action against a county sheriff or his deputies survives the sheriff's death.

History

Under current law, any cause of action against a sheriff or his deputies, for malfeasance, misfeasance or nonfeasance, may be prosecuted against the personal representative of the sheriff (A.R.S. § 11-452).

Statute defines personal representative as an executor of an estate or a person legally authorized to perform substantially the same functions (A.R.S. §§ 14-7651, 14-9101, 14-13102).

Provisions

1.   Deletes statute stating that cause of action against a sheriff or his deputies, for malfeasance, misfeasance or nonfeasance, may be prosecuted against the personal representative of the sheriff. (Sec. 1)

 

 

 

 

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

 

 

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                        SB 1060

Initials NM/FK Page 0 Military Affairs & Public Safety

 

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