PREFILED DEC 17 2021
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REFERENCE TITLE: justification; malicious prosecution; fees; costs |
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State of Arizona Senate Fifty-fifth Legislature Second Regular Session 2022
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SB 1030 |
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Introduced by Senator Rogers
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AN ACT
amending title 13, chapter 4, Arizona Revised Statutes, by adding section 13-422; relating to justification.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 13, chapter 4, Arizona Revised Statutes, is amended by adding section 13-422, to read:
13-422. Justification in homicide prosecution; malicious prosecution; fees and costs; just compensation; reporting; definition
A. If a defendant is found not guilty of homicide because the state failed to prove beyond a reasonable doubt that the defendant's actions were not justified pursuant to this chapter, the defendant shall be awarded reasonable attorney fees and costs.
B. If the trier of fact determines that the defendant's actions were justified, the judge shall determine the amount of the award. Notwithstanding a finding that a defendant's actions were justified, if the trier of fact also determines that the defendant engaged in criminal conduct substantially related to the events giving rise to the charges filed against the defendant, the judge may deny or reduce the amount of the award. In determining the amount of the award, the judge shall also consider the seriousness of the initial criminal conduct.
C. the state shall reimburse the defendant for all reasonable fees and costs, including lost wages, attorney fees and other expenses involved in the defendant's defense. The reimbursement is not an independent cause of action.
D. If the trier of fact determines that the defendant's actions were justified and the defendant establishes that injury occurred due to a malicious prosecution, the defendant shall be awarded fair and just compensation.
E. To support a claim of malicious prosecution, the defendant shall establish all of the following:
1. A prosecution for homicide was commenced against the defendant.
2. The prosecution was malicious.
3. The prosecution was instituted or instigated by the prosecutor.
4. The prosecution was without probable cause.
5. The prosecution has been legally and finally terminated in favor of the defendant.
6. As a result of the prosecution the defendant sustained injury.
F. Notwithstanding any other law, A prosecutor may be held personally liable to a defendant who establishes that a malicious prosecution occurred.
G. When a malicious prosecution is established, a judge who presided over any stage of the prosecution shall immediately report the finding to the state bar for a disciplinary investigation of both the prosecutor and the county attorney who employs the prosecutor.
H. For the purposes of this section, "malicious prosecution" means a prosecution to which one of the following applies:
1. The principal motive of the prosecution was other than a desire to bring an alleged offender to justice.
2. The prosecution was done with ill will or hatred.
3. The prosecution was wilfully done in a wanton or oppressive manner and in conscious disregard of the alleged offender's rights.