HCR2032 - 551R

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

1. Article II, sections 2.1, 13 and 17, Constitution of Arizona, are proposed to be amended as follows if approved by the voters and on proclamation of the Governor:

START_STATUTE2.1. Victims' bill of rights; definitions

Section 2.1. (A) A. To preserve and protect victims' rights to justice and due process, a victim of crime has a right:

1. To be treated with fairness, respect, and dignity, and to be free from intimidation, harassment, or abuse, throughout the criminal justice process.

2. To be informed, upon on request, when the accused or convicted person is released from custody or has escaped.

3. To be present at and, upon on request, to be informed of all criminal proceedings where the defendant has the right to be present.

4. To be heard at any proceeding involving a post-arrest release decision, a negotiated plea, and sentencing.

5. To refuse an interview, deposition, or other discovery request by the defendant, the defendant's attorney, or other another person acting on behalf of the defendant.

6. To confer with the prosecution, after the crime against the victim has been charged, before trial or before any disposition of the case and to be informed of the disposition.

7. To read pre-sentence presentence reports relating to the crime against the victim when they are available to the defendant.

8. To receive prompt restitution from the person or persons convicted of the criminal conduct that caused the victim's loss or injury.

9. To be heard at any proceeding when any post-conviction postconviction release from confinement is being considered.

10. To a speedy trial or disposition and prompt and final conclusion of the case after the conviction and sentence.

11. To have all rules governing criminal procedure and the admissibility of evidence in all criminal proceedings protect victims' rights and to have these rules be subject to amendment or repeal by the legislature to ensure the protection of these rights.

12. To be informed of victims' constitutional rights.

13. To insist on pretrial cash bail that is reasonable and customary.

(B) B. A victim's exercise of any right granted by this section shall not be grounds for dismissing any criminal proceeding or setting aside any conviction or sentence.

(C) "Victim" means a person against whom the criminal offense has been committed or, if the person is killed or incapacitated, the person's spouse, parent, child or other lawful representative, except if the person is in custody for an offense or is the accused.

(D) C. The legislature, or the people by initiative or referendum, have the authority to enact substantive and procedural laws to define, implement, preserve and protect the rights guaranteed to victims by this section, including the authority to extend any of these rights to juvenile proceedings.

(E) D. The enumeration in the constitution of certain rights for victims shall not be construed to deny or disparage others granted by the legislature or retained by victims.

E. For the purposes of this section:

1. "Stand-down order":

(a) Means an express, implicit or tacit directive that is issued by or action that is taken by an elected executive official, a county attorney, the attorney general, a head of an executive department or a politically appointed executive officer and that has the effect of withdrawing law enforcement protection or fire or emergency medical services from the residents of this state, commercial establishments owned by residents of this state or property within this state or that effectively abdicates state or national jurisdiction or sovereignty without a binding prior ratification by adjudication or legislation.

(b) Does not include tactical decisions that are made by first responders and operational commanders in an emergency that justifiably sacrifices property.

2. "Victim" means a person:

(a) Who Is physically injured or suffers property damage as a direct result of a stand-down order.

(b) Against whom the criminal offense has been committed or, if the person is killed or incapacitated, the person's spouse, parent, child or other lawful representative, except if the person is in custody for an offense or is the accused. END_STATUTE

START_STATUTE13. Equal privileges and immunities; unlawful order; definition

Section 13. A. No law shall be enacted granting to any citizen, class of citizens, or corporation other than municipal, privileges or immunities which, upon that, on the same terms, shall not equally belong to all citizens or corporations.

B. A stand-down order inherently deprives a citizen or class of citizens of privileges and immunities that equally belong to all citizens and is therefor an unlawful order in violation of subsection A of this section.

C. For the purposes of this section, "stand-down order" has the same meaning prescribed in section 2.1 of this article. END_STATUTE

START_STATUTE17. Eminent domain; just compensation for private property taken; public use as judicial question; definition

Section 17. A. Private property shall not be taken for private use, except for private ways of necessity, and for drains, flumes, or ditches, on or across the lands of others for mining, agricultural, domestic, or sanitary purposes.

B. No private property shall be taken or damaged for public or private use without just compensation having first been made, paid into court for the owner, secured by bond as may be fixed by the court, or paid into the state treasury for the owner on such terms and conditions as the legislature may provide, and no right of way shall be appropriated to the use of any corporation other than municipal, until full compensation therefor be first made in money, or ascertained and paid into court for the owner, irrespective of any benefit from any improvement proposed by such corporation, which compensation shall be ascertained by a jury, unless a jury be waived as in other civil cases in courts of record, in the manner prescribed by law.

C. A private property loss that is the direct result of a stand-down order is a taking of private property that is subject to just compensation pursuant to this section.

D. Whenever an attempt is made to take private property for a use alleged to be public, the question whether the contemplated use be really public shall be a judicial question, and determined as such without regard to any legislative assertion that the use is public.

E. For the purposes of this section, "stand-down order" has the same meaning prescribed in section 2.1 of this article. END_STATUTE

2. Article VIII, part 1, sections 1 and 5, Constitution of Arizona, are proposed to be amended as follows if approved by the voters and on proclamation of the Governor:

START_STATUTE1. Officers subject to recall; petitioners; definition

Section 1. A. Every public officer in the state of Arizona, holding an elective office, either by election or appointment, is subject to recall from such office by the qualified electors of the electoral district from which candidates are elected to such office. Such electoral district may include the whole state. Such number of said electors as shall equal twenty-five per centum percent of the number of votes cast at the last preceding general election for all of the candidates for the office held by such officer, may by petition, which shall be known as a recall petition, demand his the officer's recall. If the public officer is subject to a recall for issuing a stand-down order, the number of said electors shall equal five percent of the number of votes cast at the last preceding general election for all of the candidates for the office held by that officer.

B. For the purposes of this section, "stand-down order" has the same meaning prescribed in article II, section 2.1.END_STATUTE

START_STATUTE5. Recall petitions; restrictions and conditions; definition

Section 5. A. No recall petition shall be circulated against any officer until he the officer's shall have held his office for a period of six months, except that it may be filed against an officer for issuing a stand-down order immediately or a member of the legislature at any time after five days from the beginning of the first session after his the member's election. After one recall petition and election, no further recall petition shall be filed against the same officer during the term for which he the officer's was elected, unless the petitioners signing such the petition shall first pay into the public treasury which has paid from which such election expenses, were paid all expenses of the preceding election.

B. For the purposes of this section, "stand-down order" has the same meaning prescribed in article II, section 2.1. END_STATUTE

3. Conforming legislation

The legislative counsel staff shall prepare proposed legislation conforming the Arizona Revised Statutes to the provisions of this act for consideration in the fifty-sixth legislature, first regular session.

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