REFERENCE TITLE: defamation actions; sexual offenses

State of Arizona

House of Representatives

Fifty-sixth Legislature

Second Regular Session

2024

HB 2871

Introduced by

Representatives Villegas: Aguilar, Austin, Blattman, De Los Santos, Hernandez A, Ortiz, Sandoval, Stahl Hamilton

An Act

amending title 12, chapter 6, article 6, Arizona Revised Statutes, by adding section 12-651.01; relating to libel and slander.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 12, chapter 6, article 6, Arizona Revised Statutes, is amended by adding section 12-651.01, to read:

START_STATUTE12-651.01. Defamation actions; sexual offenses

A. a person who is accused of sexual misconduct, sexual abuse, sexual assault, sexual HARASSMENT or domestic violence may not use a DEFAMATION action to silence or RETALIATE against the accusing person or a staff member or third party reporting the sexual misconduct, sexual abuse, sexual assault, sexual harassment or domestic violence, including cases where the alleged perpetrator is publicly named.

b. Defamation actions where an accuser is publicly named by a person or a staff member or third person reporting alleged sexual misconduct, sexual abuse, sexual assault, sexual HARASSMENT or domestic violence may be brought for cases where cited documentation and evidence can establish within the initial court filing one or more of the following:

1. the claimed act in the reported accusation was a factual impossibility for the accused to have perpetrated.

2. the accuser has been impeached in a courtroom proceeding regarding the same alleged facts as in the present reported accusation.

3. THE ACCUSER HAS PUBLICLY MADE CONTRARY STATEMENTS INVOLVING RELEVANT, MATERIAL FACTS REGARDING THE PRESENT REPORTED INCIDENT.

4. THE ACCUSER HAS PUBLICLY STATED THAT THE PRESENT REPORTED INCIDENT DID NOT OCCUR. END_STATUTE

Sec. 2. Short title

This act may be cited as the "Right to Speak Your Truth Act".