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REFERENCE TITLE: trial by jury; administrative proceedings |
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State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023
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HCR 2019 |
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Introduced by Representatives Kolodin, Carter, Chaplik: Heap, Jones, Marshall, McGarr, Montenegro, Parker B, Parker J, Wilmeth, Senator Wadsack
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A Concurrent Resolution
enacting and ordering the submission to the people of a measure relating to juries.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it resolved by the House of Representatives of the State of Arizona, the Senate concurring:
1. Under the power of the referendum, as vested in the Legislature, the following measure, relating to juries, is enacted to become valid as a law if approved by the voters and on proclamation of the Governor:
AN ACT
AMENDING TITLE 21, CHAPTER 1, ARTICLE 1, ARIZONA REVISED STATUTES, BY ADDING SECTION 21-103; RELATING TO JURIES.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 21, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 21-103, to read:
21-103. Right to jury trial in administrative proceedings; definition
A. Notwithstanding any other law, all persons shall be permitted to exercise their fundamental right to trial by jury in any administrative proceeding.
B. The RIGHT to trial by jury in any administrative proceeding does not limit, abrogate or disparage the right to trial by jury in any other matter.
C. For the purposes of this section, "administrative proceeding" means any of the following:
1. A proceeding in which the amount in controversy exceeds $20 or a significant liberty interest is at stake.
2. A proceeding that is initiated by the government against a person.
3. A proceeding that is not commenced in the Arizona supreme court, the Arizona court of appeals, the superior court, a justice court or a municipal court. A proceeding that may be appealed to a court listed in this paragraph does not exclude the proceeding from being an administrative proceeding.
2. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article IV, part 1, section 1, Constitution of Arizona.