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Senate Engrossed
attorneys; court professionals; discipline; juries (now: religious; political beliefs; adverse actions) |
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State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023
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SENATE BILL 1418 |
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An Act
amending title 12, chapter 7, Arizona Revised Statutes, by adding article 3; relating to government.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 12, chapter 7, Arizona Revised Statutes, is amended by adding article 3, to read:
ARTICLE 3. PROTECTED POLITICAL AND RELIGIOUS BELIEFS
12-851. Prohibited adverse actions; jurisdiction; civil, criminal or administrative action; definitions
A. A GOVERNMENT AGENT MAY NOT INITIATE, TAKE, CONDUCT, ASSIST, PARTICIPATE IN OR CONSPIRE TO HAVE UNDERTAKEN AN ADVERSE ACTION AGAINST ANY NATURAL PERSON IF a substantial motivation for THE GOVERNMENT AGENT'S DECISION TO DO SO IS MOTIVATED BY AN UNLAWFUL ANIMUS, EVEN IF THAT NATURAL PERSON WOULD OTHERWISE PROPERLY BE THE SUBJECT OF THE ADVERSE ACTION.
B. NO COURT IN THIS STATE HAS JURISDICTION OVER AN ADVERSE ACTION BROUGHT IN VIOLATION OF THIS SECTION. THE SUBJECT OF AN ADVERSE ACTION MAY OBJECT TO THE EXERCISE OF a court's JURISDICTION ON THE GROUNDS THAT THE ACTION is in violation of SUBSECTION A of this section. ON OBJECTION, THE COURT SHALL NOT ASSERT JURISDICTION UNLESS IT FINDS, BY A PREPONDERANCE OF THE EVIDENCE, THAT THE GOVERNMENT agent HAS NOT VIOLATED SUBSECTION A of this section.
C. ALL JUDGMENTS, CONVICTIONS, ORDERS, CRIMINAL AND CIVIL PENALTIES, SENTENCES AND DECISIONS RENDERED IN VIOLATION OF SUBSECTION A of this section SHALL be DELETED FROM ALL GOVERNMENT RECORDS AND DEEMED UNENFORCEABLE AND INVALID.
D. ANY NATURAL PERSON who is SUBJECT TO A VIOLATION OF SUBSECTION A of this section MAY RAISE THE ISSUE AT ANY TIME FOLLOWING the DISCOVERY OF the UNLAWFUL ANIMUS.
E. A CRIMINAL CONVICTION OR PENALTY that is IMPOSED IN VIOLATION OF SUBSECTION A of this section MAY BE RAISED PURSUANT TO section 13-4231, paragraph 2 EXCEPT THAT RELIEF MAY NOT BE PRECLUDED FOR THE FAILURE TO TIMELY RAISE THE ISSUE OR ON THE GROUNDS THAT THE ACCUSED CONSENTED TO JURISDICTION OF THE COURT.
F. ANY EVIDENCE OBTAINED PURSUANT TO A SEARCH OR SEIZURE THAT IS IN VIOLATION OF THIS SECTION IS INADMISSIBLE IN ANY ADMINISTRATIVE, CIVIL OR CRIMINAL PROCEEDING.
G. AN ARREST THAT IS MADE IN VIOLATION OF THIS SECTION IS INVALID.
H. IF A GOVERNMENT AGENT VIOLATES SUBSECTION A OF THIS SECTION, THE natural PERSON WHOSE RIGHTS ARE VIOLATED MAY BRING A CAUSE OF ACTION IN STATE OR FEDERAL COURT AGAINST BOTH THE GOVERNMENT AGENT AND THE GOVERNMENT ENTITY THAT EMPLOYS OR CONTRACTS WITH THE GOVERNMENT AGENT, INCLUDING THIS STATE, EXCEPT THAT THIS STATE IS NOT SUBJECT TO A SUIT IN FEDERAL COURT. AN ACTION BROUGHT PURSUANT to THIS SUBSECTION SHALL BE COMMENCED WITHIN FOUR YEARS AFTER THE CONCLUSION OF THE ADMINISTRATIVE, CIVIL OR CRIMINAL PROCEEDING OR INVESTIGATION THAT WAS MOTIVATED BY AN UNLAWFUL ANIMUS, INCLUDING ALL APPEALS. IT IS NOT A DEFENSE TO THE CAUSE OF ACTION THAT THE natural PERSON WHOSE RIGHTS WERE VIOLATED WOULD OTHERWISE PROPERLY BE THE SUBJECT OF THE ADVERSE ACTION OR THAT THE ADVERSE ACTION RESULTED IN AN ADVERSE JUDGMENT, DECISION, OPINION, VERDICT OR RULING AGAINST THE natural PERSON WHOSE RIGHTS HAVE BEEN VIOLATED.
I. IN ANY CAUSE OF ACTION FILED PURSUANT TO SUBSECTION H OF THIS SECTION, A PREVAILING PLAINTIFF MAY RECOVER DECLARATORY RELIEF, INJUNCTIVE RELIEF, COMPENSATORY DAMAGES, NOMINAL DAMAGES, ATTORNEY FEES AND COSTS.
J. Subsections H and I of this section do not apply to A peace officer who makes an arrest of a natural person who is subject to an adverse action in violation of subsection A of this section.
K. FOR THE PURPOSES OF THIS SECTION:
1. "Adverse action":
(a) Means:
(i) Any criminal or civil investigation or prosecution of any natural person.
(ii) Any proceeding of any sort that seeks any adverse administrative, civil or criminal action against any natural person.
(b) Does not include an action against a natural person in that natural person's official capacity.
2. "GOVERNMENT AGENT" MEANS ANY LOCAL, STATE OR FEDERAL OFFICIAL WHO IS EMPLOYED BY OR CONTRACTS WITH GOVERNMENT IN THIS STATE AT ANY LEVEL AND WHO IS ACTING IN THAT CAPACITY OR ANY MEMBER, EMPLOYEE OR CONTRACTOR OF A REGULATORY BOARD OR COMMISSION IN THIS STATE AT ANY LEVEL AND WHO IS ACTING IN THAT CAPACITY.
3. "UNLAWFUL ANIMUS" MEANS A DISAGREEMENT WITH OR DISLIKE OF A natural PERSON'S RELIGIOUS OR POLITICAL BELIEFS, POSITIONS, ASSOCIATIONS OR EXPRESSION.
Sec. 2. Short title
This act may be cited as the "First Amendment Protection Act".