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REFERENCE TITLE: national defense laws; prohibited actions |
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State of Arizona Senate Fifty-second Legislature Second Regular Session 2016
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SB 1437 |
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Introduced by Senator Burges
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AN ACT
amending title 41, Arizona Revised Statutes, by adding chapter 53; relating to national defense laws.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 41, Arizona Revised Statutes, is amended by adding chapter 53, to read:
CHAPTER 53
PROHIBITED ACTIONS UNDER NATIONAL DEFENSE LAWS
ARTICLE 1. GENERAL PROVISIONS
41-5301. National defense laws; unlawful acts; report; violation; definitions
A. Notwithstanding any treaty, federal, state or local law or authority enacted or claimed to be an authorization for use of military force, including sections 1021 and 1022 of the national defense authorization act for fiscal year 2012 (P.L. 112-81; 125 Stat. 1298), any national defense authorization act or any similar law or authority enacted or claimed by Congress or the President of the United States, it is unconstitutional and unlawful for any person to:
1. Arrest or capture any person in this state or any resident of this state within the United States with the intent of detention under the law of war.
2. Actually subject a person in this state to disposition under the law of war.
3. Execute any person in this state or any resident of this state within the United States without judicial sentencing after trial and conviction in a court ordained and established under article III of the United States Constitution or under the Constitution of Arizona.
B. Subsection A of this section does not apply to cases arising in the land or naval forces, or in the militia, when in actual service during a time of war or public danger.
C. The director of the department of public safety or the sheriff of a county shall report to the governor and the legislature any attempt by an agency or agent of the federal government to secure the implementation of any treaty, federal, state or local law or authority enacted or claimed to be an authorization for use of military force, including sections 1021 and 1022 of the national defense authorization act for fiscal year 2012 (P.L. 112-81; 125 Stat. 1298), any national defense authorization act or any similar law or authority enacted or claimed by Congress or the President of the United States through the operations of that or any other state department.
D. Any person who violates this section is subject to prosecution pursuant to title 13 or any other applicable law.
E. For the purposes of this section, "arrest", "capture", "detention under the law of war", "disposition under the law of war" and "law of war" have the same sense and meanings prescribed in section 1021 of the national defense authorization act for fiscal year 2012.
Sec. 2. Findings
A. The legislature finds that this state is not a battlefield subject to the laws of war, and that neither Congress nor the President of the United States can constitutionally authorize the detention or disposition of any person in this state or a resident of this state within the United States under the law of war who is not serving in the land or naval forces, or in the militia, when in actual service during a time of war or public danger.
B. The legislature further finds that the actions described in section 41-5301, Arizona Revised Statutes, as added by this act, 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 capital 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".