azdesertrhino
02-15-2006, 04:33 AM
On February 13, 2006, amendments to SB 1145 and SCR 1001, adopted by the Senate Judiciary Committee, created the most significant legislation affecting anyone faced with a self-defense situation in Arizona.
SB 1145 and SCR 1001 stand out among the half dozen or so "castle doctrine" bills introduced this legislative session. These bills are essentially identical. Where SB 1145 proposes changes to Arizona statutory law, SCR 1001 creates a referendum for proposed changes to the Arizona Constitution. The text of each bill can be found here:
http://www.azleg.gov/legtext/47leg/2r/bills/sb1145p.pdf (SB 1145) (http://www.azleg.gov/legtext/47leg/2r/bills/sb1145p.pdf)
http://www.azleg.gov/legtext/47leg/2r/bills/scr1001p.pdf
On February 10, 2006, Senators Dean Martin and Jack W. Harper introduced amendments to SB 1145 and SCR 1001 that would reestablish "innocent until proven guilty" (affirmative defense) in self-defense situations in Arizona:
http://tinyurl.com/cmpbh (SB 1145) (http://tinyurl.com/cmpbh)
http://tinyurl.com/d58tx (SCR 1001) (http://tinyurl.com/d58tx)
The Senate Judiciary committee on February 13, 2006, with broad bi-partisan support, passed the amendments and the bills out of committee by a 7-1 vote.
http://tinyurl.com/8b39o
The amended versions of SB 1145 and SCR 1001 represent an historic opportunity to reestablish "innocent until proven guilty" in Arizona law. From territorial days until 1997, Arizona properly treated self-defense as a case of innocent until proven guilty. In 1997 all that was changed with A.R.S. 13-103: http://tinyurl.com/bn5ks
Since 1997, in self-defense cases, you are now in effect guilty unless you can prove your innocence. You must admit to the underlying criminal conduct and then demonstrate that the guilt you admitted is false, by proving you were justified. It is a prosecutor's dream and the public's worst nightmare. A criminal now has better legal protection than a person who claims self-defense after an attack.
Arizona and Ohio are the only states in the nation that have this insane law. We now have an opportunity to restore "innocent until proven guilty" in Arizona by pushing for the passage of HB 1145 and SCR 1001.
AzCDL is closely monitoring SB 1145 and SCR 1001 and will "alert" you when it's time to put pressure on your Senators.
SB 1145 and SCR 1001 stand out among the half dozen or so "castle doctrine" bills introduced this legislative session. These bills are essentially identical. Where SB 1145 proposes changes to Arizona statutory law, SCR 1001 creates a referendum for proposed changes to the Arizona Constitution. The text of each bill can be found here:
http://www.azleg.gov/legtext/47leg/2r/bills/sb1145p.pdf (SB 1145) (http://www.azleg.gov/legtext/47leg/2r/bills/sb1145p.pdf)
http://www.azleg.gov/legtext/47leg/2r/bills/scr1001p.pdf
On February 10, 2006, Senators Dean Martin and Jack W. Harper introduced amendments to SB 1145 and SCR 1001 that would reestablish "innocent until proven guilty" (affirmative defense) in self-defense situations in Arizona:
http://tinyurl.com/cmpbh (SB 1145) (http://tinyurl.com/cmpbh)
http://tinyurl.com/d58tx (SCR 1001) (http://tinyurl.com/d58tx)
The Senate Judiciary committee on February 13, 2006, with broad bi-partisan support, passed the amendments and the bills out of committee by a 7-1 vote.
http://tinyurl.com/8b39o
The amended versions of SB 1145 and SCR 1001 represent an historic opportunity to reestablish "innocent until proven guilty" in Arizona law. From territorial days until 1997, Arizona properly treated self-defense as a case of innocent until proven guilty. In 1997 all that was changed with A.R.S. 13-103: http://tinyurl.com/bn5ks
Since 1997, in self-defense cases, you are now in effect guilty unless you can prove your innocence. You must admit to the underlying criminal conduct and then demonstrate that the guilt you admitted is false, by proving you were justified. It is a prosecutor's dream and the public's worst nightmare. A criminal now has better legal protection than a person who claims self-defense after an attack.
Arizona and Ohio are the only states in the nation that have this insane law. We now have an opportunity to restore "innocent until proven guilty" in Arizona by pushing for the passage of HB 1145 and SCR 1001.
AzCDL is closely monitoring SB 1145 and SCR 1001 and will "alert" you when it's time to put pressure on your Senators.