PREFILED DEC 06 2013
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REFERENCE TITLE: correctional officers; arrest; unlawful imprisonment |
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State of Arizona House of Representatives Fifty-first Legislature Second Regular Session 2014
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HB 2002 |
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Introduced by Representatives Borrelli, Goodale
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AN ACT
amending section 13‑1303, Arizona Revised Statutes; amending title 13, chapter 38, article 7, Arizona Revised Statutes, by adding section 13‑3907; relating to correctional officers.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-1303, Arizona Revised Statutes, is amended to read:
13-1303. Unlawful imprisonment; classification
A. A person commits unlawful imprisonment by knowingly restraining another person.
B. In any prosecution for unlawful imprisonment, it is a defense that:
1. The restraint was accomplished by a peace officer or correctional officer acting in good faith in the lawful performance of his duty; or
2. The defendant is a relative of the person restrained and the defendant's sole intent is to assume lawful custody of that person and the restraint was accomplished without physical injury.
C. Unlawful imprisonment is a class 6 felony unless the victim is released voluntarily by the defendant without physical injury in a safe place prior to before arrest in which case it is a class 1 misdemeanor.
Sec. 2. Title 13, chapter 38, article 7, Arizona Revised Statutes, is amended by adding section 13-3907, to read:
13-3907. Arrest with warrant; correctional officer
A correctional officer as defined in section 41‑1661 who is acting in the officer's official capacity at a jail facility at which the correctional officer is employed and pursuant to a warrant may arrest a person who is already incarcerated in that jail facility or who surrenders himself to that jail facility.