ARIZONA STATE SENATE
RESEARCH STAFF
TO: MEMBERS OF THE SENATE
GOVERNMENT COMMITTEE
DATE: February 13, 2023
SUBJECT: Strike everything amendment to S.B. 1418, relating to adverse actions; religious;
political beliefs
Purpose
Prohibits a government agent from taking an adverse action against a person if the agent's
decision is motivated by an unlawful animus, even if the person would be the subject of the adverse
action.
Background
Unless a public employee acting within the scope of the public employee's employment
intended to cause injury or was grossly negligent, neither a public entity nor a public employee is
liable for certain actions, including: 1) the failure to make an arrest or the failure to retain an
arrested person in custody; 2) an injury caused by an escaping or escaped prisoner or a youth
committed to the Department of Juvenile Corrections; 3) the issuance of or failure to revoke or
suspend any permit, license, certificate, approval, order or similar authorization for which absolute
immunity is not provided; 4) the failure to discover violations of any provisions of law when
inspections are done of property other than property owned by the public entity in question; 5) an
injury to the driver of a motor vehicle that is attributable to the driver committing specified
violations; 6) the failure to prevent the sale or transfer of a handgun to a person whose receipt or
possession of the handgun is unlawful under any federal or Arizona law; and 7) an injury caused
by a peace officer if the injury was caused by an act or omission while rendering emergency care
at the scene of an emergency occurrence (A.R.S. ยง 12-820.02).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Prohibits a government agent from initiating, taking, conducting, assisting or participating in
or conspiring to take an adverse action against a natural person if the agent's decision is
motived in whole or in part by an unlawful animus, even if the natural person would be the
subject of the adverse action.
2. Stipulates that a court does not have jurisdiction over an adverse action if it is in violation of
the prohibition relating to unlawful animus.
3. Requires all judgements, convictions, order, criminal and civil penalties, sentences and
decisions in violation of the prohibition relating to unlawful animus to be deleted from all
government records and deemed unenforceable and invalid.
ANNA NGUYEN
LEGISLATIVE RESEARCH ANALYST
GOVERNMENT COMMITTEE
Telephone: (602) 926-3171 STRIKER MEMO
S.B. 1418
Page 2
4. Deems any evidence obtained in a search or seizure that is in violation of the prohibition
relating to unlawful animus as inadmissible in any administrative, civil or criminal proceeding.
5. Deems an arrest that is in violation of the prohibition relating to unlawful animus as invalid.
6. Allows, for a person whose rights relating to unlawful animus were violated by a government
agent, the person to bring action in state or federal court against the government agent and the
government entity that employs or contract with the agent and exempts the state of Arizona
from being subject to a suit in federal court.
7. Requires, for a person's action against the government agent and the government entity, the
action to be commenced within four years after the conclusion of the administrative, civil or
criminal proceedings or investigation, including appeals.
8. Stipulates that it is not a defense to the cause of action that the person would otherwise be the
subject of the adverse action.
9. Allows, for a plaintiff who brought action against a government agent and entity, the plaintiff
to recover declaratory relief, injunctive relief, compensatory damages, nominal damages,
attorney fees and costs.
10. Defines government agent as any local, state or federal official who is:
a) employed by or contracts with the government in the state at any level and who is acting
in that capacity; or
b) any member, employee or contractor of a regulatory board or commission at any level and
who is acting in that capacity.
11. Defines initiate, take, conduct, assist or participate as:
a) initiating, assisting, directing, conducting or conspiring that:
i. any criminal or civil investigation or prosecution, of any natural person be commenced
or maintained; or
ii. any proceeding of any sort that seeks any adverse administrative, civil or criminal action
against any natural person be commenced or maintained and exempts the arresting
officer from any outlined liabilities.
12. Defines unlawful animus as a disagreement with or dislike of a person's religious or political
beliefs, positions, associations or expression.
13. Designates this legislation as the First Amendment Protection Act.
14. Becomes effective on the general effective date.