|
REFERENCE TITLE: judicial immunity; exception |
|
State of Arizona Senate Fifty-seventh Legislature Second Regular Session 2026
|
|
SB 1650 |
|
|
|
Introduced by Senator Finchem
|
AN ACT
AMENDING SECTION 12-820.01, ARIZONA REVISED STATUTES; RELATING TO ACTIONS AGAINST PUBLIC EMPLOYEES.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 12-820.01, Arizona Revised Statutes, is amended to read:
12-820.01. Absolute immunity
A. A public entity shall is not be liable for acts and omissions of its employees constituting either of the following:
1. The exercise of a judicial or legislative function, unless the judicial function was completed by a judicial officer who knew or should have known that the judicial officer's actions concerning a case in controversy violated the civil rights of an adult or minor litigant or an adult or minor affected by the case.
2. The exercise of an administrative function involving the determination of fundamental governmental policy.
B. The determination of a fundamental governmental policy involves the exercise of discretion and shall include, but is not limited to includes:
1. A determination of whether to seek or whether to provide the resources necessary for any of the following:
(a) The purchase of equipment.
(b) The construction or maintenance of facilities.
(c) The hiring of personnel.
(d) The provision of governmental services.
2. A determination of whether and how to spend existing resources, including those allocated for equipment, facilities and personnel.
3. The licensing and regulation of any profession or occupation.
4. The establishment, implementation and enforcement of minimum safety standards for light rail transit systems.