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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
House: GOV DPA 4-3-0-0 |
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HB 2745: legislative subpoena; perjury; refusal; contempt
Sponsor: Representative Rivero, LD 27
House Engrossed
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).
A similar bill was introduced in the 57th Legislature, 2nd Regular Session, and was vetoed by the Governor (HB 2824 NOW: legislative subpoena; perjury; refusal; contempt)
Provisions
1. Establishes an alternate procedure for a witness who refuses to obey a legislative subpoena or refuses to testify by an order of contempt by a committee, President of the Senate or Speaker of the House of Representatives if determined that the witness had prior knowledge of the subpoena and the ability to comply, but still refused, after the witness is allowed an opportunity to present evidence in a hearing to demonstrate why they are not in contempt. (Sec. 1)
2. Stipulates that such witnesses may be committed for contempt by following one of the outlined procedures unless another procedure is provided by the rules of either house of the Legislature. (Sec. 1)
3. Authorizes the Sergeant at Arms to arrest the witness and compel their appearance before the House or Senate if the following documents are signed by the 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 of Representatives:
a. a contempt order signed by the chairman; or
b. a copy of the resolution. (Sec. 1)
4. Makes technical and conforming changes. (Sec. 1)
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8. Initials ML HB 2745
9. 1/30/2026 Page 0 Caucus & COW
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