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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
AMENDED
legislative subpoena; perjury; refusal; contempt
Purpose
Allows a legislative committee to hold a witness in contempt for neglecting to obey a legislative subpoena, if an order of contempt is issued for failure to comply with the subpoena after the witness is given an opportunity for a hearing to present evidence as to why the witness is not in contempt.
Background
A legislative subpoena may be issued by the Senate President, Speaker of the House of Representatives (House) or any chairperson of a committee. For a subpoena to be sufficient, the subpoena must: 1) state whether the proceeding is before the Senate, House or a legislative committee; 2) be addressed to the witness; 3) contain the time and place that the attendance of the witness is required; and 4) be signed by the presiding officer of a committee chairman. The Senate or House may, by resolution, commit a witness for contempt if the witness neglects or refuses to obey a legislative subpoena. A witness who neglects or refuses to attend in obedience to a subpoena may be arrested by the Sergeant-at-Arms and brought before the Senate or House by a resolution signed by the Senate President or Speaker of the House and countersigned by the Secretary of the Senate or Chief Clerk of the House (A.R.S. §§ 41-1151 and 41-1153).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Adds that a witness may be committed to contempt if:
a) after the witness is given notice and opportunity, at the discretion of the chairperson, for a hearing to present evidence to show cause as to why the witness is not in contempt; and
b) the Senate President, Speaker of the House or any committee issues an order of contempt that finds the witness had knowledge of the subpoena, the ability to comply with the subpoena and failed to comply with the subpoena.
2. Stipulates that a witness may be committed to contempt only by the prescribed procedures, unless another procedure is provided by the rules of either house of the Legislature.
3. Specifies that an order of contempt may be signed by the committee chairperson, Senate President or Speaker of the House and countersigned by the Secretary of the Senate or Chief Clerk of the House.
4. Allows a county sheriff to arrest a witness who neglects or refuses to obey a legislative subpoena.
5. Makes technical and conforming changes.
6. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Allows a county sheriff to arrest a witness for neglecting to obey a legislative subpoena.
House Action Senate Action
GOV 2/18/26 DPA 4-3-0-0 GOV 3/25/26 DPA 4-2-1
3rd Read 2/26/26 32-20-8
Prepared by Senate Research
March 27, 2026
AN/ci