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REFERENCE TITLE: politically engaged persons; criminal charges |
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State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025
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HB 2796 |
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Introduced by Representative Kolodin
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AN ACT
Amending title 12, chapter 6, article 15, Arizona Revised Statutes, by adding section 12-752; relating to public participation in government.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 12, chapter 6, article 15, Arizona Revised Statutes, is amended by adding section 12-752, to read:
12-752. Criminal charges filed against politically engaged persons; approval; definition
A. Notwithstanding any other law, criminal charges that are filed against any politically engaged person must be approved in advance by a majority of the attorney general and all county attorneys applying the standards and criteria that would govern the prosecuting authority's own charging decisions under similar circumstances.
B. In the absence of the approvals required by subsection A of this section, the court shall dismiss the charges without prejudice, unless the prosecuting authority filing the charges establishes by a preponderance of the evidence that all personnel participating in the investigation and charging decision did not have notice or actual knowledge at the time the charges were filed that the defendant was a politically engaged person. The prosecuting agency shall have three months from the date of the dismissal to refile the charge or charges after securing the necessary approval. Any motion to dismiss pursuant to this section must be filed not later than thirty days after the filing of the charges.
C. For the purposes of this section, "politically engaged person" means any of the following:
1. A current or former federal, state or local elected official, including a precinct committeeperson.
2. A candidate for federal, state or local elected office.
3. An entity that engages in electoral or legislative advocacy.
4. An individual or entity that, at any time during the preceding four year period, was an employee, agent, vendor, consultant, attorney, treasurer, accountant, volunteer, parent, subsidiary company or organization of any individual or entity listed in this subsection.