Bill Text: AZ HB2652 | 2012 | Fiftieth Legislature 2nd Regular | Introduced

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Bill Title: Deadly physical force; reporting; admissibility

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-01-26 - Referred to House JUD Committee [HB2652 Detail]

Download: Arizona-2012-HB2652-Introduced.html

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REFERENCE TITLE: deadly physical force; reporting; admissibility

 

 

 

State of Arizona

House of Representatives

Fiftieth Legislature

Second Regular Session

2012

 

 

HB 2652

 

Introduced by

Representative Burges

 

 

AN ACT

 

amending title 12, chapter 13, article 1, Arizona Revised Statutes, by adding section 12-2204; relating to witnesses.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

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

Section 1.  Title 12, chapter 13, article 1, Arizona Revised Statutes, is amended by adding section 12-2204, to read:

START_STATUTE12-2204.  Request for emergency medical care or police; admissibility of statement; definition

A.  If a person is directly or indirectly involved in an act that involves the threatened or actual use of deadly physical force and the person promptly reports the act to an appropriate authority for the purpose of obtaining emergency medical care or police services, the person's statement is not admissible in a criminal prosecution or a civil action against that person, except for the purposes of impeachment.

B.  Notwithstanding any other law, a statement that is not admissible pursuant to subsection A of this section is not a public record and shall not be disclosed to the public in any manner.

C.  This section does not apply to a prosecution for false reporting or perjury.

D.  For the purposes of this section, "deadly physical force" has the same meaning prescribed in section 13-105. END_STATUTE

Sec. 2.  Legislative findings

The Legislature finds that:

1.  There are certain circumstances when a person may lawfully threaten to use or use deadly physical force.

2.  Instances of threatened use or actual use of deadly physical force may need to be promptly reported to the appropriate authority to assist in the prompt dispatching of emergency medical and law enforcement personnel.

3.  A person who threatens or uses deadly physical force has a deep rooted constitutional right to remain silent during the course of a pending criminal investigation.

4.  There should be a balance between the potentially competing needs for prompt reporting of these instances and a person's constitutional right to remain silent, which could delay prompt reporting.