azdesertrhino
03-08-2006, 05:55 PM
Three critical bills were overwhelmingly approved by the full Senate on March 6, 2006.
Two of these, SB 1145 and SCR 1001, stand out among the half dozen or so "castle doctrine" bills introduced this legislative session. The 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. Information on the bills can be found here:
http://www.azleg.gov/DocumentsForBill.asp?Bill_Number=SB1145 (http://www.azleg.gov/DocumentsForBill.asp?Bill_Number=SB1145)(SB 1145)http://www.azleg.gov/DocumentsForBill.asp?Bill_Number=SCR1001 (http://www.azleg.gov/DocumentsForBill.asp?Bill_Number=SCR1001)(SCR 1001)
Senators Dean Martin and Jack Harper introduced amendments to SB 1145 and SCR 1001 that would reestablish "innocent until proven guilty" in self-defense situations in Arizona.
The amended versions of each bill can be found here:
http://www.azleg.state.az.us/legtext/47leg/2r/bills/sb1145s.pdf (http://www.azleg.state.az.us/legtext/47leg/2r/bills/sb1145s.pdf)(SB 1145)
http://www.azleg.state.az.us/legtext/47leg/2r/bills/scr1001s.pdf (http://www.azleg.state.az.us/legtext/47leg/2r/bills/scr1001s.pdf)(SCR 1001)
The amended versions of SB 1145 and SCR 1001 represent a 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.
The good news is that the full Senate approved SB 1145 by a vote of 28-0 and SCR 1001 by a vote of 29-0. Both bills are headed to the House where they will be first heard in the House Judiciary committee. Prosecuting Attorneys and law enforcement organizations are pulling out all the stops to kill these bills. We must all work together to ensure their passage by the House. AzCDL is closely monitoring SB 1145 and SCR 1001 and will "alert" you when it's time to contact committee members and your Representatives.
Another important bill passed by the Senate is SB 1425. http://www.azleg.gov/DocumentsForBill.asp?Bill_Number=SB1425
SB 1425 prevents the confiscation of firearms or ammunition from law-abiding citizens during a "state of emergency" declared by the governor. This would prevent the abuses we witnessed during Hurricane Katrina in and around New Orleans last year. At a time when violent criminals attacked citizens with impunity, law enforcement abused a statutory provision that allowed the government to "regulate" the use of firearms during a state of emergency in order to prohibit possession and confiscate privately owned firearms. They were depriving law-abiding citizens of their only means of defense against otherwise unrestrained violence. SB 1425 will ensure that Arizona's law-abiding gun owners are protected from any similar abuses during a state of emergency. The text of SB 1425 can be found here:
http://www.azleg.state.az.us/legtext/47leg/2r/bills/sb1425s.pdf
SB 1425 passed the Senate by a vote of 25-3 and is now headed to the House where it will be first heard in the House Judiciary committee. AzCDL is closely monitoring SB 1425 and will "alert" you when it's time to contact committee members and your Representatives.
Two of these, SB 1145 and SCR 1001, stand out among the half dozen or so "castle doctrine" bills introduced this legislative session. The 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. Information on the bills can be found here:
http://www.azleg.gov/DocumentsForBill.asp?Bill_Number=SB1145 (http://www.azleg.gov/DocumentsForBill.asp?Bill_Number=SB1145)(SB 1145)http://www.azleg.gov/DocumentsForBill.asp?Bill_Number=SCR1001 (http://www.azleg.gov/DocumentsForBill.asp?Bill_Number=SCR1001)(SCR 1001)
Senators Dean Martin and Jack Harper introduced amendments to SB 1145 and SCR 1001 that would reestablish "innocent until proven guilty" in self-defense situations in Arizona.
The amended versions of each bill can be found here:
http://www.azleg.state.az.us/legtext/47leg/2r/bills/sb1145s.pdf (http://www.azleg.state.az.us/legtext/47leg/2r/bills/sb1145s.pdf)(SB 1145)
http://www.azleg.state.az.us/legtext/47leg/2r/bills/scr1001s.pdf (http://www.azleg.state.az.us/legtext/47leg/2r/bills/scr1001s.pdf)(SCR 1001)
The amended versions of SB 1145 and SCR 1001 represent a 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.
The good news is that the full Senate approved SB 1145 by a vote of 28-0 and SCR 1001 by a vote of 29-0. Both bills are headed to the House where they will be first heard in the House Judiciary committee. Prosecuting Attorneys and law enforcement organizations are pulling out all the stops to kill these bills. We must all work together to ensure their passage by the House. AzCDL is closely monitoring SB 1145 and SCR 1001 and will "alert" you when it's time to contact committee members and your Representatives.
Another important bill passed by the Senate is SB 1425. http://www.azleg.gov/DocumentsForBill.asp?Bill_Number=SB1425
SB 1425 prevents the confiscation of firearms or ammunition from law-abiding citizens during a "state of emergency" declared by the governor. This would prevent the abuses we witnessed during Hurricane Katrina in and around New Orleans last year. At a time when violent criminals attacked citizens with impunity, law enforcement abused a statutory provision that allowed the government to "regulate" the use of firearms during a state of emergency in order to prohibit possession and confiscate privately owned firearms. They were depriving law-abiding citizens of their only means of defense against otherwise unrestrained violence. SB 1425 will ensure that Arizona's law-abiding gun owners are protected from any similar abuses during a state of emergency. The text of SB 1425 can be found here:
http://www.azleg.state.az.us/legtext/47leg/2r/bills/sb1425s.pdf
SB 1425 passed the Senate by a vote of 25-3 and is now headed to the House where it will be first heard in the House Judiciary committee. AzCDL is closely monitoring SB 1425 and will "alert" you when it's time to contact committee members and your Representatives.