| 1 | 1 | | 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) |
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| 9 | 9 | | REFERENCE TITLE: criminal liability; exception; requirements |
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| 10 | 10 | | State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023 |
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| 11 | 11 | | HB 2528 |
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| 12 | 12 | | Introduced by Representatives Kolodin: Chaplik, Dunn, Gillette, Livingston, Montenegro, Senators Bennett, Kern, Shamp, Wadsack |
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| 14 | 14 | | REFERENCE TITLE: criminal liability; exception; requirements |
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| 24 | 24 | | State of Arizona |
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| 26 | 26 | | House of Representatives |
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| 28 | 28 | | Fifty-sixth Legislature |
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| 30 | 30 | | First Regular Session |
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| 32 | 32 | | 2023 |
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| 40 | 40 | | HB 2528 |
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| 44 | 44 | | Introduced by |
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| 46 | 46 | | Representatives Kolodin: Chaplik, Dunn, Gillette, Livingston, Montenegro, Senators Bennett, Kern, Shamp, Wadsack |
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| 64 | 64 | | An Act |
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| 68 | 68 | | amending section 13-201, Arizona Revised Statutes; relating to criminal liability. |
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| 74 | 74 | | (TEXT OF BILL BEGINS ON NEXT PAGE) |
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| 78 | 78 | | 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 |
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| 80 | 80 | | Be it enacted by the Legislature of the State of Arizona: |
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| 82 | 82 | | Section 1. Section 13-201, Arizona Revised Statutes, is amended to read: |
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| 84 | 84 | | START_STATUTE13-201. Requirements for criminal liability; jury determination; criminal liability for abortion offenses; nonseverability |
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| 86 | 86 | | Notwithstanding any other portions of this title, the minimum requirement requirements for criminal liability is are as follows: |
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| 88 | 88 | | 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 |
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| 90 | 90 | | 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. |
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| 92 | 92 | | 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 |
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