REFERENCE TITLE: life; liberty; property; due process

 

 

 

 

State of Arizona

Senate

Fifty-fourth Legislature

Second Regular Session

2020

 

 

 

SCR 1049

 

Introduced by

Senator Farnsworth D

 

 

A CONCURRENT RESOLUTION

 

proposing an amendment to the constitution of arizona; amending article II, constitution of arizona, by adding section 38; relating to fundamental liberty interests.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it resolved by the Senate of the State of Arizona, the House of Representatives concurring:

1.  Article II, Constitution of Arizona, is proposed to be amended by adding section 38 as follows if approved by the voters and on proclamation of the Governor:

38.  Fundamental liberty interests; life, liberty and property; due process

Section 38.  A.  Fundamental Liberty Interests shall include but not be limited to:

1.  Incarceration or detention for not more than forty‑eight hours.

2.  Right to parent your own children or care for family members, vulnerable adults or elders.

3.  Children are protected from all threats to their safety and well-being.

4.  Nearly equal division of parenting time in dissolution proceedings.

5.  The Right to bear arms.

6.  Integrity of our elections.

7.  Money or property the aggregate value of which exceeds $2,500.

8.  The Right to defend the client without reservation and be licensed to Practice Law.

9.  Freedoms of Speech and of the Press and Equal Protection under the Law.

B.  Minimum Due Process for a Fundamental Liberty Interest shall include but not be limited to:

1.  Jury:

(a)  A speedy public bench trial.

(b)  Subsequent jury trial if requested by a party.

2.  Truth: To be confronted by accusers and evidence which is not false or perjury, nor exculpatory evidence withheld, violations of which are criminal and shall be prosecuted at the exclusive discretion of the grand jury.

3.  Representation by an attorney who is not subject to conflict of interest or coercive control and thus free and compelled to defend the Rights of the attorney's client without reservation.

4.  Disclosure: Being advised of these Rights is required prior to establishing jurisdiction in a case.

C.  This Section sets minimum standards that have not previously existed.  Nothing in this Section shall ever be construed to diminish other Rights found in this constitution as amended, which is the Supreme Law of the Land.

2.  The Secretary of State shall submit this proposition to the voters at the next general election as provided by article XXI, Constitution of Arizona.