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ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
legislative subpoenas; disobedience
Purpose
States that a witness who refuses to obey a legislative subpoena is guilty of a class 2 misdemeanor, and allows the Sergeant-at-Arms to detain, rather than arrest, a witness in accordance with a resolution.
Background
A subpoena may be issued by the presiding officer of either the Senate or
the House of Representatives or the chairman of any committee before whom the
attendance of a witness is desired. The subpoena is sufficient if it states
whether the proceeding is before the Senate, House of Representatives or a
committee, is addressed to the witness, requires the attendance of the witness
at a certain time and place, and is signed by either presiding officer or a
committee chairman. The subpoena may be served and returned in like manner as
civil process (A.R.S.
§ 41-1151).
If a witness neglects or refuses to obey a legislative subpoena, or, if appearing, neglects or refuses to testify, the Senate or the House of Representatives may commit the witness for contempt by resolution entered in the Journal. A witness neglecting or refusing to attend in obedience to a subpoena may be arrested by the Sergeant-at-Arms and brought before the Senate or House of Representatives on authority of a copy of the resolution signed by the President of the Senate or the Speaker of the House of Representatives, and counter-signed by the Secretary or Chief Clerk (A.R.S. § 41-1153).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. States that a witness who neglects or refuses to obey a legislative subpoena is guilty of a class 2 misdemeanor, rather than subject to a commitment of contempt by the Senate and House of Representatives.
2. Allows the Sergeant-at-Arms to detain, rather than arrest, a witness who neglects or refuses to obey a legislative subpoena, on authority of a resolution.
3. Makes technical changes.
4. Becomes effective on the general effective date.
Prepared by Senate Research
February 15, 2022
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