COMMITTEE ON JUDICIARY
SENATE AMENDMENTS TO S.B. 1145
(Reference to printed bill)
Page 1, between lines 1 and 2, insert:
“Section 1. Section 13-103, Arizona Revised Statutes, is amended to read:
13-103. Abolition of common law offenses and affirmative defenses; definition
A. All common law offenses and affirmative defenses are abolished. No conduct or omission constitutes an offense or an affirmative defense unless it is an offense or an affirmative defense under this title or under another statute or ordinance.
B. For the purposes of this section, "affirmative defense" means a defense that is offered and that attempts to justify excuse the criminal actions of the accused or another person for whose actions the accused may be deemed to be accountable. Affirmative defense does not include any justification defense pursuant to chapter 4 of this title or any defense that either denies an element of the offense charged or denies responsibility, including alibi, misidentification or lack of intent.
Sec. 2. Section 13-205, Arizona Revised Statutes, is amended to read:
13-205. Affirmative defenses; burden of proof
A. Except as otherwise provided by law, a defendant shall prove any affirmative defense raised by a preponderance of the evidence, including any justification defense under chapter 4 of this title. JUSTIFICATION DEFENSES UNDER CHAPTER 4 OF THIS TITLE ARE NOT AFFIRMATIVE DEFENSES. JUSTIFICATION DEFENSES DESCRIBE CONDUCT THAT DOES NOT CONSTITUTE CRIMINAL OR WRONGFUL CONDUCT. IF ANY EVIDENCE OF JUSTIFICATION PURSUANT TO CHAPTER 4 OF THIS TITLE IS PRESENTED BY THE DEFENDANT, THE STATE MUST PROVE BEYOND A REASONABLE DOUBT THAT THE DEFENDANT DID NOT ACT WITH JUSTIFICATION.
B. This section does not affect the presumption contained in section
13‑411, subsection C and section 13‑503.
Sec. 3. Section 13-413, Arizona Revised Statutes, is amended to read:
13-413. No civil liability for justified conduct; costs
A. No person in this state shall be subject to civil liability for engaging in conduct otherwise justified pursuant to the provisions of this chapter.
B. The court shall award reasonable attorney fees, costs, compensation for lost income and all expenses incurred by a defendant in the defense of any civil action if the court finds that the defendant is immune from prosecution pursuant to subsection A.”
Renumber to conform
Page 1, line 7, after “IN” insert “threatening to use or”
Line 10, after “IS” insert “threatened or”; strike “WAS” insert is”
Line 11, strike the first and second “AND” insert “or”
Line 15, after “REASONABLY” insert “for purposes of this section and sections 13-403 through 13-408”
Line 16, strike “AND” insert “or”
Line 34, after “DUTIES” strike remainder of line
Strike line 35
Line 36, strike “ENFORCEMENT OFFICER”
Amend title to conform