ARIZONA HOUSE OF REPRESENTATIVES

57th Legislature, 2nd Regular Session

Majority Research Staff

House: GOV DPA 4-3-0-0

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HB 2745: legislative subpoena; perjury; refusal; contempt

Sponsor: Representative Rivero, LD 27

Caucus & COW

Overview

Establishes an alternate legislative procedure for a witness who refuses to obey a legislative subpoena.

History

If a witness fails to comply with a legislative subpoena or refuses to testify, the Arizona Senate (Senate) or House of Representatives (House) may hold them in contempt through a resolution recorded in the journal. The Sergeant at Arms may arrest a non-compliant witness and bring them before the Legislature, based on a resolution signed by the President of the Senate or Speaker of the House of Representatives and countersigned by the Senate Secretary or Chief Clerk of the House (A.R.S. § 41-1153).

Provisions

1.   Designates all testimony that is authorized by the Legislature as sworn testimony under the penalty of perjury. (Sec. 1)

2.   Establishes the following alternate procedure for a witness who refuses to obey a legislative subpoena or refuses to testify:

a.   at the discretion of the chairman, allow the witness an opportunity to present evidence in a hearing to demonstrate why they are not in contempt; and

b.   if the committee chairman, President of the Senate or Speaker of the House of Representatives determines that the witness had prior knowledge of the subpoena and the ability to comply, but still refused, then the witness can be committed for contempt. (Sec. 2)

3.   Authorizes the Sergeant at Arms or a county sheriff to arrest the witness and compel their appearance before the House or Senate upon a contempt order signed by the chairman, President of the Senate or Speaker of the House of Representatives and countersigned by the Secretary of the Senate or Chief Clerk of the House or upon a copy of the resolution. (Sec. 2)

4.   Makes technical and conforming changes. (Sec. 1, 2)

Amendments

Committee on Government

1.   Removes provisions relating to sworn testimony.

2.   Removes the ability for a county sheriff to make an arrest under this legislation.

3.   Adds an exception for when a witness refuses a legislative subpoena.

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7.   Initials ML                       HB 2745

8.   1/30/2026  Page 0 Caucus & COW

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