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Difference between revisions of "Arizona Crime Victims Protection Act Amendment, Proposition 114 (2012)"

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  topic = [[:category:Law enforcement|Law enforcement]]|
 
  topic = [[:category:Law enforcement|Law enforcement]]|
 
  status = On the ballot|
 
  status = On the ballot|
}}The '''Arizona Crime Victims Protection Act Amendment''' will be on the [[Arizona 2012 ballot measures|November 6, 2012 general election]] ballot in the state of [[Arizona]] as a {{lrcafull}}.  The measure would prohibit crime victims from being subject to a claim for damages for causing harm to a person if the person is killed or injured when engaging in, or fleeing after, a felony crime. It was introduced during [[Dates of 2011 state legislative sessions|2011 state legislative session]], where its formal title was [http://www.azleg.gov//FormatDocument.asp?inDoc=/legtext/50leg/1r/bills/scr1020p.htm&Session_ID=102 SCR 1020].<ref name=text> [http://www.azleg.gov//FormatDocument.asp?inDoc=/legtext/50leg/1r/bills/scr1020p.htm&Session_ID=102 ''Arizona Legislature'', "SCR1020", Retrieved April 25, 2011]</ref><ref name=texts> [http://www.azleg.gov//FormatDocument.asp?inDoc=/legtext/50leg/1r/bills/scr1020o.asp&Session_ID=102 ''Arizona Legislature'', "Bill Overview:SCR 1020", Retrieved April 25, 2011]</ref>
+
}}The '''Arizona Crime Victims Protection Act Amendment''' will be on the [[Arizona 2012 ballot measures|November 6, 2012 general election]] ballot in the state of [[Arizona]] as a {{lrcafull}}.  The measure would prohibit crime victims from being subject to a claim for damages for causing harm to a person if that person is killed or injured when engaging in, or fleeing after, a felony crime. It was introduced during [[Dates of 2011 state legislative sessions|2011 state legislative session]], where its formal title was [http://www.azleg.gov//FormatDocument.asp?inDoc=/legtext/50leg/1r/bills/scr1020p.htm&Session_ID=102 SCR 1020].<ref name=text> [http://www.azleg.gov//FormatDocument.asp?inDoc=/legtext/50leg/1r/bills/scr1020p.htm&Session_ID=102 ''Arizona Legislature'', "SCR1020", Retrieved April 25, 2011]</ref><ref name=texts> [http://www.azleg.gov//FormatDocument.asp?inDoc=/legtext/50leg/1r/bills/scr1020o.asp&Session_ID=102 ''Arizona Legislature'', "Bill Overview:SCR 1020", Retrieved April 25, 2011]</ref>
  
 
[[Arizona State Senate|State Senator]] [[Russell Pearce]] was one of many [[Arizona State Senate|state senators]] sponsoring the bill.  
 
[[Arizona State Senate|State Senator]] [[Russell Pearce]] was one of many [[Arizona State Senate|state senators]] sponsoring the bill.  

Revision as of 14:06, 2 June 2011

Victims Protection Amendment
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Type:Constitutional amendment
Constitution:Article II, Section 31
State code:n/a
Referred by:Arizona State Legislature
Topic:Law enforcement
Status:On the ballot
The Arizona Crime Victims Protection Act Amendment will be on the November 6, 2012 general election ballot in the state of Arizona as a legislatively-referred constitutional amendment. The measure would prohibit crime victims from being subject to a claim for damages for causing harm to a person if that person is killed or injured when engaging in, or fleeing after, a felony crime. It was introduced during 2011 state legislative session, where its formal title was SCR 1020.[1][2]

State Senator Russell Pearce was one of many state senators sponsoring the bill.

Text of measure

Summary

The summary of the measure reads:[1]

Proposing an amendment to the Constitution of Arizona; Amendment Article II, Section 31 and Article XVII, Section 6, Constitution of Arizona; relating to crime victim protection from liability for damages.

Constitutional changes

Article II, section 31 and Article XVIII, section 6 of of the Arizona Constitution would be amended to read as follows:[1]

Article II, Section 31

No law shall be enacted in this state limiting the amount of damages to be recovered for causing the death or injury of any person, except that a crime victim is not subject to a claim for damages by a person who is harmed while the person is attempting to engage in, engaging in or fleeing after having engaged in or attempted to engage in conduct that is classified as a felony offense.

Article XVIII, Section 6

The right of action to recover damages for injuries shall never be abrogated, and the amount recovered shall not be subject to any statutory limitation, except that a crime victim is not subject to a claim for damages by a person who is harmed while the person is attempting to engage in, engaging in or fleeing after having engaged in or attempted to engage in conduct that is classified as a felony offense.

The current sections read as follows:

Text of Article II, Section 31:

Damages for Death or Personal Injuries

No law shall be enacted in this state limiting the amount of damages to be recovered for causing the death or injury of any person.

Text of Article XVIII, Section 6:

Recovery of Damages for Injuries

The right of action to recover damages for injuries shall never be abrogated, and the amount recovered shall not be subject to any statutory limitation.[3]

Support

Supporters

Path to the ballot

A majority vote is required in the Arizona State Legislature to send a constitutional amendment to the ballot. Arizona is one of ten states that allow a referred amendment to go on the ballot after a majority vote in one session of the state's legislature.[2]

Senate

The measure was first read to the Arizona State Senate on January 26, 2011, and was passed to the Senate Judiciary and Rules Committees that same day. The measure was read for the second time on January 27, 2011.[2]

On February 7, 2011, the Judiciary Committee voted 6 to 1 in favor, and the Rules Committee voted in favor on February 14, 2011, allowing the full chamber to review the proposal. A vote tally for the Rules Committee vote was not included on the overview of SCR 1020. Then on February 22, 2011, a final vote took place in the chamber, where the amendment was approved with a vote of 21 to 9, sending it to the Arizona House of Representatives. To see which state senators voted for and against the measure, click here

House of Representatives

After being transmitted to the House, Senate Concurrent Resolution 1020 was first read to the chamber on March 21, 2011, where it was then assigned to the House Judiciary Committee and the House Rules Committee the same day. It was approved by both committees, with the Judiciary Committee approving it on March 24, 2011 with a vote of 6 to 3. Then, on April 4, 2011, the Rules Committee voted 7 to 0 in favor, placing it in front of the full chamber for consideration.[2]

The House voted in favor of placing the proposal on the November 6, 2012 general election ballot on April 12, 2011, with a vote of 40 to 19, transmitting it to the Arizona Secretary of State to be placed on the ballot. To see which state representatives voted for and against the measure, click here.

Timeline

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The following is a timeline of events surrounding the measure:

Event Date Developments
First Reading Jan. 26, 2011 The measure was first read to the Arizona State Senate.
Second Reading Jan. 27, 2011 The measure was read for a second time to the Senate.
Vote Feb. 7, 2011 The Senate Judiciary Committee voted 6 to 1 in favor.
Vote Feb 14, 2011 Senate Rules Committee voted in favor of measure.
Vote Feb. 27, 2011 The amendment was approved with a vote of 21 to 9 by the Senate.
First Reading Mar. 21, 2011 Measure first read to House; Judiciary Committee approved with a vote of 6 to 3.
Vote Apr. 14, 2011 House Rules Committee voted 7 to 0 in favor of measure.
Final Vote Apr. 12, 2011 The House voted in favor of placing the proposal on ballot.

See also

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References