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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
VETOED
justification; criminal offense
Purpose
Background
Justification defenses describe conduct that, if not justified, would constitute an offense, but if justified, does not constitute criminal or wrongful conduct. Justification defenses are not affirmative defenses and the state must prove beyond a reasonable doubt that the defendant did not act with justification if evidence of justification is presented by the defendant (A.R.S. § 13-205).
A person is justified in using or threatening to use physical force or deadly physical force against another in situations specified in statute. However, if in doing so such person recklessly injures or kills an innocent third person, the justification is unavailable in a prosecution for the reckless injury or killing of the innocent third person (A.R.S. § 13-401).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows justification as a defense in any prosecution for a criminal offense, not just those in the criminal code.
2. Makes technical corrections.
3. Becomes effective on the general effective date.
Governor's Veto Message
The Governor indicates in his veto message that S.B. 1261 could make the prosecution of driving under the influence nearly impossible, resulting in unintended consequences for highway safety.
Senate Action House Action
JUD 2/4/21 DP 8-0-0 CJR 3/24/21 DP 8-0-1
3rd Read 2/11/21 29-0-1 3rd Read 4/19/21 36-24-0
Vetoed by the Governor 4/26/21
Prepared by Senate Research
April 28, 2021
JA/RC/kja