PREFILED DEC 16 2024
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REFERENCE TITLE: false allegations; child abuse; parents |
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State of Arizona Senate Fifty-seventh Legislature First Regular Session 2025
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SB 1018 |
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Introduced by Senator Rogers
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An Act
amending title 12, chapter 6, article 12, Arizona Revised Statutes, by adding section 12-723; relating to civil liability.
(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 12, Arizona Revised Statutes, is amended by adding section 12-723, to read:
12-723. False allegations; domestic violence; child abuse; civil liability; remedies; definitions
A. A person who intentionally and knowingly makes a false allegation of domestic violence involving a spouse or a false allegation that the child's parent or legal guardian has committed child abuse or neglect, sexual abuse of a child or molestation of a child is liable to the spouse or the child's parent or legal guardian for damages as determined by the court.
b. A claimant who prevails under this section Shall be awarded actual damages, including damages for loss of reputation, emotional distress, court costs and reasonable attorney fees. The liability imposed by this section is in addition to any liability otherwise imposed by law.
c. the applicable statute of limitations does not begin to run until the child attains eighteen years of age.
d. if at a later time, and due to new information, the losing party is able to prove the original allegations to be false beyond a reasonable doubt, the losing party shall be awarded damages pursuant to subsection b of this section.
e. for the purposes of this section:
1. "false allegation" means a claim that a person makes to a law enforcement agency, the department of economic security, the department of child safety, the social security administration, the registrar of contractors, the arizona state board of nursing or a court against a spouse or parent and that a court finds to be false beyond a reasonable doubt.
2. "parent":
(a) Means a child's mother, father, adoptive parent, grandparent or guardian.
(b) Includes any person who has the duty and authority to make important decisions in matters having a permanent effect on the life and development of a child and to be concerned about the child's general welfare.
Sec. 2. Legislative intent
The legislature recognizes the importance of protecting the sanctity of family life and the well-being of children in this state. The legislature intends to ensure that:
1. Parents who are dedicated caregivers and responsible partners are not unjustly maligned by false claims of abuse or danger as a tool to win family law cases.
2. Individuals who are in same-sex relationships and who are serving as loving parents are afforded the same protections against false allegations.
3. Accountability is encouraged among individuals who may make allegations without substantiation, thus fostering a more respectful dialogue regarding family dynamics and safety concerns.
4. Victims of genuine domestic violence will continue to be supported by existing laws and services, while ensuring that the rights of falsely accused individuals are equally protected.
Sec. 3. Severability
If a provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
Sec. 4. Short title
This act may be cited as the "Good Parent Act".
Sec. 5. Emergency
This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.