Assigned to GOV AS PASSED BY COW
ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
AMENDED
FACT SHEET FOR H.B. 2824
legislative subpoena; refusal; contempt
Purpose
Allows a legislative committee to hold a witness in contempt for neglecting to obey a
legislative subpoena if an order of contempt is issued by the committee chairperson for failure to
comply with the subpoena after the witness is given an opportunity for a hearing to present
evidence as to why the witness is not in contempt. Requires all testimony produced pursuant to
legislative proceedings to be sworn testimony under penalty of perjury.
Background
A legislative subpoena may be issued by the Senate President, Speaker of the House of
Representatives (House), or any chairperson of a committee. The Senate or House may by
resolution commit a witness for contempt if the witness neglects or refuses to obey a legislative
subpoena. A witness neglecting or refusing to attend in obedience to a subpoena may be arrested
by the Sergeant-at-arms and brought before the Senate or House by a resolution signed by the
Senate President or Speaker of the House and countersigned by the Secretary of the Senate or
Chief Clerk of the House (A.R.S. §§ 41-1151 and 41-1153).
A person commits perjury by making: 1) a false statement in regard to a material issue
believing it to be false; or 2) a false unsworn declaration, certificate, verification or statement in
regard to a material issue that the person subscribes as true under penalty of perjury, believing it
to be false. Perjury is a class 4 felony (A.R.S. § 13-2702).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Adds that a witness may be committed to contempt if:
a) after the witness is given notice and opportunity, at the discretion of the chairperson, for a
hearing to present evidence to show cause as to why the witness is not in contempt; and
b) the Senate President, Speaker of the House or any committee chairperson issues an order
of contempt that finds the witness had knowledge of the subpoena, the ability to comply
with the subpoena and failed to comply with the subpoena.
2. Requires all testimony produced pursuant to legislative proceedings authorized by the
Legislature to be sworn testimony under penalty of perjury.
3. Specifies that an order of contempt is signed by the chairperson, Senate President or Speaker
of the House and countersigned by the Secretary of the Senate or Chief Clerk of the House. FACT SHEET – Amended
H.B. 2824
Page 2
4. Allows a county sheriff to arrest a witness who neglects to obey a legislative subpoena.
5. Makes technical and conforming changes.
6. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Requires outlined testimony to be sworn testimony.
2. Removes the specification that an alternative procedure for holding a witness in contempt be
provided by the rules of the Legislature.
3. Specifies that the committee chairperson, rather than the committee may issue an order of
contempt.
4. Allows a county sheriff to arrest a witness who fails to obey a legislative subpoena.
5. Makes technical changes.
Amendments Adopted by Committee of the Whole
• Deems all testimony produced pursuant to legislative proceedings, rather than only a legislative
subpoena as sworn testimony under penalty of perjury.
House Action Senate Action
GOV 2/20/25 DP 4-3-0-0 GOV 3/19/25 DPA 4-3-0
3
rd
Read 2/26/25 32-27-1
Prepared by Senate Research
April 10, 2025
AN/DL/CI