REFERENCE TITLE: criminal liability; exception; requirements State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023 HB 2528 Introduced by Representatives Kolodin: Chaplik, Dunn, Gillette, Livingston, Montenegro, Senators Bennett, Kern, Shamp, Wadsack An Act amending section 13-201, Arizona Revised Statutes; relating to criminal liability. (TEXT OF BILL BEGINS ON NEXT PAGE)
REFERENCE TITLE: criminal liability; exception; requirements
State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023
HB 2528
Introduced by Representatives Kolodin: Chaplik, Dunn, Gillette, Livingston, Montenegro, Senators Bennett, Kern, Shamp, Wadsack
REFERENCE TITLE: criminal liability; exception; requirements
State of Arizona
House of Representatives
Fifty-sixth Legislature
First Regular Session
2023
HB 2528
Introduced by
Representatives Kolodin: Chaplik, Dunn, Gillette, Livingston, Montenegro, Senators Bennett, Kern, Shamp, Wadsack
An Act
amending section 13-201, Arizona Revised Statutes; relating to criminal liability.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona: Section 1. Section 13-201, Arizona Revised Statutes, is amended to read: START_STATUTE13-201. Requirements for criminal liability; jury determination; criminal liability for abortion offenses; nonseverability Notwithstanding any other portions of this title, the minimum requirement requirements for criminal liability is are as follows: 1. The performance by a person of conduct which includes a voluntary act or the omission to perform a duty imposed by law which the person is physically capable of performing, and 2. that the act or omission is morally wrongful considering the facts and circumstances in which the act or omission occurred. What is morally wrongful considering the facts and circumstances in which an act or OMISSION occurred shall at all times be a question of fact for the jury. This paragraph shall not apply to offenses relating to abortion. What constitutes an offense relating to abortion shall be broadly construed. 3. No portion of paragraph 2 of this section is severable from any other. If any portion of paragraph 2 of this section is found to be UNENFORCEABLE the entirety of paragraph 2 of this section shall be void. END_STATUTE
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-201, Arizona Revised Statutes, is amended to read:
START_STATUTE13-201. Requirements for criminal liability; jury determination; criminal liability for abortion offenses; nonseverability
Notwithstanding any other portions of this title, the minimum requirement requirements for criminal liability is are as follows:
1. The performance by a person of conduct which includes a voluntary act or the omission to perform a duty imposed by law which the person is physically capable of performing, and
2. that the act or omission is morally wrongful considering the facts and circumstances in which the act or omission occurred. What is morally wrongful considering the facts and circumstances in which an act or OMISSION occurred shall at all times be a question of fact for the jury. This paragraph shall not apply to offenses relating to abortion. What constitutes an offense relating to abortion shall be broadly construed.
3. No portion of paragraph 2 of this section is severable from any other. If any portion of paragraph 2 of this section is found to be UNENFORCEABLE the entirety of paragraph 2 of this section shall be void. END_STATUTE