House of Representatives

SCR 1001

deadly force; use; home protection

Sponsor: Senator Harper

 

Dpa

S/E

Committee on Appropriations (P)

W/D

Committee on Judiciary

DPA

Caucus and COW

X

As Transmitted to the Secretary of State

 

 

SCR 1001 is a constitutional amendment that prohibits an illegal alien from being awarded punitive damages in the courts of Arizona.

 

History

8 United States Code Section 1325 states that any alien who enters or attempts to enter the United States at any time or place other than as designated by immigration officers, eludes examination or inspection by immigration officers or attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact, shall, for the first commission of any such offense, be fined under Federal title 18 or imprisoned not more than 6 months, or both. Additionally a subsequent commission of any such offense, shall be fined under Federal title 18, or imprisoned not more than 2 years, or both.

Current law provides that in any civil action, a defendant is not liable for damages that the plaintiff incurs if the plaintiff is harmed as a result of the negligence or gross negligence of any defendant while the plaintiff is attempting to commit, committing or fleeing from a felony criminal act.  Additionally, in a civil action a defendant is not liable for damages that the plaintiff incurs if the plaintiff is harmed as a result of the negligence or gross negligence of the defendant while the plaintiff is attempting to commit or committing a misdemeanor criminal act and the act directly relates to the defendant or the defendant's property.

 

Provisions

·          Prohibits a person in violation of Federal immigration law related to improper entry by an alien from being awarded punitive damages in a court of Arizona. 

·          Requires the Secretary of State to submit this proposition to the voters at the next general election.

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·          Forty-seventh Legislature

·          Second Regular Session    2          June 26, 2006

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