First Regular Session S.B. 1418
PROPOSED
SENATE AMENDMENTS TO S.B. 1418
(Reference to printed bill)
Strike everything after the enacting clause and insert:
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 THE GOVERNMENT AGENT'S DECISION TO DO SO IS MOTIVATED IN WHOLE OR IN PART 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.
1. THE SUBJECT OF AN ADVERSE ACTION MAY OBJECT TO THE EXERCISE OF JURISDICTION ON THE GROUNDS THAT THE ACTION VIOLATED SUBSECTION A.
2. UPON OBJECTION, THE COURT SHALL NOT ASSERT JURISDICTION UNLESS IT FINDS, BY A PREPONDERANCE OF THE EVIDENCE, THAT THE GOVERNMENT HAS NOT VIOLATED SUBSECTION A.
C. ALL JUDGMENTS, CONVICTIONS, ORDERS, CRIMINAL AND CIVIL PENALTIES, SENTENCES, AND DECISIONS RENDERED IN VIOLATION OF SUBSECTION A SHALL. DELETED FROM ALL GOVERNMENT RECORDS AND DEEMED UNENFORCEABLE AND INVALID.
1. ANY NATURAL PERSON SUBJECT TO A VIOLATION OF SUBSECTION A MAY RAISE THE ISSUE AT ANY TIME FOLLOWING DISCOVERY OF UNLAWFUL ANIMUS.
2. A CRIMINAL CONVICTION OR PENALTY IMPOSED IN VIOLATION OF SUBSECTION A MAY BE RAISED PURSUANT TO A.R.S. 13-4231(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.
D. 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.
E. AN ARREST THAT IS MADE IN VIOLATION OF THIS SECTION IS INVALID.
F. IF A GOVERNMENT AGENT VIOLATES SUBSECTION A OF THIS SECTION, THE 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 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 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 PERSON WHOSE RIGHTS HAVE BEEN VIOLATED.
G. IN ANY CAUSE OF ACTION FILED PURSUANT TO SUBSECTION F OF THIS SECTION, A PREVAILING PLAINTIFF MAY RECOVER DECLARATORY RELIEF, INJUNCTIVE RELIEF, COMPENSATORY DAMAGES, NOMINAL DAMAGES, ATTORNEY FEES AND COSTS.
H. FOR THE PURPOSES OF THIS SECTION:
1. "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.
2."INITIATE, TAKE, CONDUCT, ASSIST, OR PARTICIPATE":
(a) MEANS INITIATING, ASSISTING, DIRECTING, CONDUCTING, OR CONSPIRING THAT:
(i) ANY CRIMINAL OR CIVIL INVESTIGATION OR PROSECUTION, OF ANY NATURAL PERSON BE COMMENCED OR MAINTAINED, OR
(ii) ANY PROCEEDING OF ANY SORT THAT SEEKS ANY ADVERSE ADMINISTRATIVE, CIVIL OR CRIMINAL ACTION AGAINST ANY NATURAL PERSON BE COMMENCED OR MAINTAINED. NOTWITHSTANDING, AND FOR THE AVOIDANCE OF DOUBT, AN ARRESTING OFFICER IS IMMUNE FROM LIABILITY UNDER SUBSECTIONS F AND G.
(b) DOES NOT INCLUDE AN ACTION THAT IS COMMENCED OR MAINTAINED AGAINST A NATURAL PERSON IN THAT PERSON'S OFFICIAL CAPACITY.
3. "UNLAWFUL ANIMUS" MEANS A DISAGREEMENT WITH OR DISLIKE OF A 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".
Amend title to conform