Bill Text: AZ HB2351 | 2016 | Fifty-second Legislature 2nd Regular | Introduced
Bill Title: Elected official; contempt; jury trial
Spectrum: Partisan Bill (Republican 7-0)
Status: (Introduced - Dead) 2016-01-26 - Referred to House JUD Committee [HB2351 Detail]
Download: Arizona-2016-HB2351-Introduced.html
|
REFERENCE TITLE: elected official; contempt; jury trial |
|
State of Arizona House of Representatives Fifty-second Legislature Second Regular Session 2016
|
|
HB 2351 |
|
|
|
Introduced by Representatives Finchem, Borrelli, Lawrence: Barton, Thorpe, Townsend, Senator Burges
|
AN ACT
amending section 12‑864, Arizona Revised Statutes; relating to contempt of court.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 12-864, Arizona Revised Statutes, is amended to read:
12-864. Direct or constructive contempts; punishment; procedure for elected official
A. Contempts committed in the presence of the court or so near thereto as to obstruct the administration of justice, and contempts committed by failure to obey a lawful writ, process, order, or judgment of the court, and all other contempts not specifically embraced within this article may be punished in conformity to the practice and usage of the common law.
B. Notwithstanding subsection A of this section, if an elected official is allegedly in contempt, the elected official may not be sentenced to imprisonment without a trial as provided in section 12‑862, which may be by the court or, on demand of the elected official allegedly in contempt, shall be by a jury in the same manner as a trial for a misdemeanor.
