HB 2824
Initials JH Page 1 Senate Engrossed
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature
First Regular Session
House: GOV DP 4-3-0-0 | 3
rd
Read: 32-27-1-0
Senate: GOV DPA 4-3-0-0 | 3
rd
Read: 17-13-0-0
HB 2824: legislative subpoena; refusal; contempt
NOW: legislative subpoena; perjury; refusal; contempt
Sponsor: Representative Rivero, LD 27
Senate Engrossed
Overview
Establishes an alternate Legislative procedure following a witness who commits contempt of
the Legislature.
History
If a witness fails to comply with a legislative subpoena or refuses to testify, the Senate or
House may hold them in contempt through a resolution recorded in the journal. The Sergeant
at Arms may arrest a non-compliant witness and bring them before the Legislature, based
on a resolution signed by the President or Speaker and countersigned by the Secretary or
Chief Clerk (A.R.S. § 41-1153).
Provisions
1. Establishes the following alternate procedure for a witness who refuses to obey a
Legislative subpoena:
a) at the discretion of the chairman, allow the witness an opportunity to present evidence
in a hearing to demonstrate why they should not be held in contempt; and
b) if the committee, President of the Senate or Speaker of the House determines that the
witness had prior knowledge of the subpoena, the ability to comply, but still refused,
then the committee can officially declare the witness in contempt. (Sec. 1)
2. Authorizes the Sergeant at Arms to arrest the witness and compel their appearance
before the House or Senate upon a contempt order signed by the chairman, President of
the Senate or Speaker of the House, and countersigned by the Secretary of the Senate or
Chief Clerk of the House. (Sec. 1)
Senate Amendments
1. Designates all testimony that is authorized by the Legislature as sworn testimony under
the penalty of perjury.
2. Adds that a county sheriff, in addition to the sergeant at arms, can arrest a witness who
disobeyed a legislative subpoena and compel their attendance before the Legislature.
3. Makes technical and conforming changes.
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note