ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

Senate: JUD DP 8-0-0-0 | 3rd Read 29-0-1-0

House: CJR DP 9-0-0-0


SB 1261: justification; criminal offense

Sponsor:  Senator Contreras, LD 19

House Engrossed

Overview

Expands justification as a defense against prosecution for any criminal offense.

History

Justification defenses describe conduct that would constitute an offense unless justified. A justification defense is not an affirmative defense, and the state must prove beyond reasonable doubt that a defendant did not act with justification (A.R.S. § 13-205).

Justification defenses can be used in any prosecution for an offense in the Criminal Code  (A.R.S. § 13-401). Examples of justification defenses include engaging in conduct required or authorized by law, in self-defense against unlawful physical force and under duress (A.R.S. §§ 13-402; 13-404; 13-412).

Provisions

1.   Permits justification as a defense in prosecution for any criminal offense. (Sec. 1)

2.   Makes technical changes. (Sec. 1)☐ Prop 105 (45 votes)	     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes)	☐ Fiscal Note

3.    

4.    

5.   ---------- DOCUMENT FOOTER ---------

6.                     SB 1261

7.   Initials LC/AF/PN  Page 0 House Engrossed

8.    

9.   ---------- DOCUMENT FOOTER ---------