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AZ HB2591

Bill

Status

Introduced

2/2/2021

Primary Sponsor

Reginald Bolding

Click for details

Origin

House of Representatives

Fifty-fifth Legislature - First Regular Session (2021)

AI Summary

  • Creates civil liability for peace officers who deprive individuals of rights enumerated in Arizona's Declaration of Rights (Article II of Arizona Constitution) during performance of duties or failure to intervene.

  • Eliminates qualified immunity as a defense to civil liability claims brought under this section.

  • Requires courts to award reasonable attorney fees and costs to prevailing plaintiffs; in injunctive relief cases, plaintiff prevails if suit was a substantial factor in obtaining results.

  • Mandates employers indemnify peace officers for judgments or settlements unless employer determines officer did not act with good faith and reasonable belief the action was lawful; officers without good faith belief face personal liability of 5% of judgment or $25,000 (whichever is less).

  • Establishes a two-year statute of limitations for civil actions under this section and exempts peace officers from civil liability protections under section 13-413 for conduct justified under self-defense or defense of third person statutes.

Legislative Description

Peace officers; liability; unlawful act

Peace Officers

Last Action

House read second time

2/3/2021

Committee Referrals

Rules2/3/2021
Judiciary2/2/2021

Full Bill Text

No bill text available