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REFERENCE TITLE: jury trials; administrative proceedings |
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State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024
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HCR 2024 |
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Introduced by Representatives Kolodin: Gillette, Jones, McGarr
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A Concurrent Resolution
enacting and ordering the submission to the people of a measure relating to jury trials.
(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 jury trials, is enacted to become valid as a law if approved by the voters and on proclamation of the Governor:
An Act
amending title 41, chapter 6, article 1, Arizona Revised Statutes, by adding section 41-1001.03; relating to jury trials.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 41, chapter 6, article 1, Arizona Revised Statutes, is amended by adding section 41-1001.03, to read:
41-1001.03. Right to jury trial in administrative proceedings; definition
A. Notwithstanding any other law, all persons shall be allowed to exercise the person's 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. The right to trial by jury in any administrative proceeding may be exercised by filing a notice of removal of the proceeding in the superior court or, for controversies in which only monetary relief is sought and the amount in controversy is less than $10,000, in the justice court.
D. For the purposes of this section, "administrative proceeding" means either of the following:
1. A proceeding that meets all of the following requirements:
(a) The amount in controversy is more than $20 or a significant liberty is at stake.
(b) The proceeding is initiated by the government against a person.
(c) The proceeding is not currently before the Arizona supreme court, the Arizona court of appeals, the superior court, a justice court or a municipal court. A proceeding that otherwise qualifies as an administrative proceeding maintains that status if the ADMINISTRATIVE proceeding is APPEALABLE to a court provided in this subdivision.
2. A DISCIPLINARY proceeding that is brought against a sworn peace officer and that meets both of the following requirements:
(a) The person seeking to exercise the right to trial by jury is a sworn peace officer.
(b) The proceeding potentially results in the sworn peace officer's suspension of more than one month or termination.
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.