Second Regular Session S.B. 1182
COMMITTEE ON BORDER SECURITY, FEDERALISM AND STATES SOVEREIGNTY
SENATE AMENDMENTS TO S.B. 1182
(Reference to printed bill)
Strike everything after the enacting clause:
"Section 1. Title 41, Arizona Revised Statutes, is amended by adding chapter 51, to read:
GOVERNMENTAL COMPLIANCE WITH THE
NATIONAL DEFENSE AUTHORIZATION ACT OF 2012
ARTICLE 1. GENERAL PROVISIONS
41-5050. National defense authorization act of 2012; prohibited acts; violation; classification
A. This state and any agency of this state shall not provide material support or participate in any way with the implementation of sections 1021 and 1022 of the national defense authorization act of 2012, Public Law 112‑81, against any citizen of the United States.
B. The director of the department of public safety or a sheriff of the county shall report to the governor and the legislature any attempt by agencies or agents of the federal government to secure the implementation of sections 1021 and 1022 of the national defense authorization act, 2011 Public Law 112-81 through the operations of that or any other state department.
C. Any public officer, employee or agent of this state or any employee of a corporation who provides services to this state and who enforces or attempts to enforce an act, order, law, statute, rule or regulation of the United States in violation of this section is guilty of a class 1 misdemeanor.
Sec. 2. Findings
A. The Legislature finds that the enactment into law by the United States Congress of sections 1021 and 1022 of the National Defense Authorization Act of 2012 is inimical to the liberty, security and well-being of the people of Arizona and that those sections were adopted by Congress in violation of the limits of federal power in the United States Constitution.
B. The Legislature further finds that sections 1021 and 1022 of the National Defense Authorization Act of 2012, as they purport to authorize the detainment of persons who are citizens of the United States and captured within the United States without charge or trial, military tribunals for persons captured within the United States who are citizens of the United States and the transfer of persons who are citizens of the United States and who are captured within the United States to foreign jurisdictions, violate the following rights enshrined in the Constitution of the United States:
1. Article I, section 9, clause 2 relating to the right to seek a writ of habeas corpus.
2. The First Amendment right to petition the government for a redress of grievances.
3. The Fourth Amendment right to be free from unreasonable searches and seizures.
4. The Fifth Amendment right to be free from charge for an infamous or capitol crime until presentment or indictment by a grand jury.
5. The Fifth Amendment right to be free from deprivation of life, liberty or property without due process of law.
6. The Sixth Amendment right in criminal prosecutions to enjoy a speedy trial by an impartial jury in the state and district where the crime was allegedly committed.
7. The Sixth Amendment right to be informed of the nature and cause of the accusation.
8. The Sixth Amendment right to confront witnesses.
9. The Sixth Amendment right to counsel.
10. The Eighth Amendment right to be free from excessive bail and fines, and cruel and unusual punishment.
11. The Fourteenth Amendment right to be free from deprivation of life, liberty or property without due process of law.
Sec. 3. Short title
This act may be cited as the "Liberty Preservation Act"."
Amend title to conform