SB1418 - 561R - Senate Fact Sheet

Purpose

Prohibits a government agent from taking an adverse action against a person if the agent's decision is motivated by an unlawful animus, even if the person would be the subject of the adverse action.

Background

Unless a public employee acting within the scope of the public employee's employment intended to cause injury or was grossly negligent, neither a public entity nor a public employee is liable for certain actions, including: 1) the failure to make an arrest or the failure to retain an arrested person in custody; 2) an injury caused by an escaping or escaped prisoner or a youth committed to the Department of Juvenile Corrections; 3) the issuance of or failure to revoke or suspend any permit, license, certificate, approval, order or similar authorization for which absolute immunity is not provided; 4) the failure to discover violations of any provisions of law when inspections are done of property other than property owned by the public entity in question; 5) an injury to the driver of a motor vehicle that is attributable to the driver committing specified violations; 6) the failure to prevent the sale or transfer of a handgun to a person whose receipt or possession of the handgun is unlawful under any federal or Arizona law; and 7) an injury caused by a peace officer if the injury was caused by an act or omission while rendering emergency care at the scene of an emergency occurrence (A.R.S. § 12-820.02).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1. Prohibits a government agent from initiating, taking, conducting, assisting or participating in or conspiring to take an adverse action against a natural person if the agent's decision is motived in whole or in part by an unlawful animus, even if the natural person would be the subject of the adverse action.

2. Stipulates that a court does not have jurisdiction over an adverse action if it is in violation of the prohibition relating to unlawful animus.

3. Requires all judgements, convictions, order, criminal and civil penalties, sentences and decisions in violation of the prohibition relating to unlawful animus to be deleted from all government records and deemed unenforceable and invalid.

4. Deems any evidence obtained in a search or seizure that is in violation of the prohibition relating to unlawful animus as inadmissible in any administrative, civil or criminal proceeding.

5. Deems an arrest that is in violation of the prohibition relating to unlawful animus as invalid.

6. Allows, for a person whose rights relating to unlawful animus were violated by a government agent, the person to bring action in state or federal court against the government agent and the government entity that employs or contract with the agent and exempts the state of Arizona from being subject to a suit in federal court.

7. Requires, for a person's action against the government agent and the government entity, the action to be commenced within four years after the conclusion of the administrative, civil or criminal proceedings or investigation, including appeals.

8. Stipulates that it is not a defense to the cause of action that the person would otherwise be the subject of the adverse action.

9. Allows, for a plaintiff who brought action against a government agent and entity, the plaintiff to recover declaratory relief, injunctive relief, compensatory damages, nominal damages, attorney fees and costs.

10. Defines government agent as any local, state or federal official who is:

a) employed by or contracts with the government in the state at any level and who is acting in that capacity; or

b) any member, employee or contractor of a regulatory board or commission at any level and who is acting in that capacity.

11. Defines initiate, take, conduct, assist or participate as:

a) 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 and exempts the arresting officer from any outlined liabilities.

12. Defines unlawful animus as a disagreement with or dislike of a person's religious or political beliefs, positions, associations or expression.

13. Designates this legislation as the First Amendment Protection Act.

14. Becomes effective on the general effective date.