Bill Text: AZ SB1405 | 2014 | Fifty-first Legislature 2nd Regular | Introduced

---

Bill Title: Public employee misconduct; civil action

Spectrum: Partisan Bill (Republican 4-0)

Status: (Failed) 2014-02-17 - Senate GE Committee action: Held [SB1405 Detail]

Download: Arizona-2014-SB1405-Introduced.html

---

 

 

 

REFERENCE TITLE: public employee misconduct; civil action

 

 

 

State of Arizona

Senate

Fifty-first Legislature

Second Regular Session

2014

 

 

SB 1405

 

Introduced by

Senators Murphy: Crandell, Ward; Representative Petersen

 

 

AN ACT

 

amending title 12, chapter 7, article 2, Arizona Revised Statutes, by adding section 12‑824; relating to actions against public employees.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

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

Section 1.  Title 12, chapter 7, article 2, Arizona Revised Statutes, is amended by adding section 12-824, to read:

START_STATUTE12-824.  Liability of public employee for gross negligence, malicious acts or recklessness; civil action; remedies; joint and several liability

A.  Notwithstanding any other law, a public employee is personally liable for any damage a person suffers that is the result of the public employee's gross negligence, malicious conduct or reckless disregard of the damages that could occur, including actions occurring in the course of the public employee's official duties.

B.  The court in a civil action under subsection A of this section may award actual damages, equitable relief, including an injunction and restitution of monies and property, punitive damages, reasonable attorney fees and costs and any other relief that the court deems proper.

C.  If the public employee holds a professional license in this state, the court shall notify the licensing entity of the public employee's actions.

D.  If a public employee's actions occur in the course of the public employee's official duties, the public employer and public employee are jointly and severally liable for any damages.

E.  If more than one public employee or employer is liable, the liability of all parties is joint and several. END_STATUTE