House Engrossed
Senate Bill
State of Arizona Senate
Fiftieth Legislature
Second Regular
Session 2012
SENATE BILL 1182
AN ACT AMENDING TITLE
41, ARIZONA REVISED STATUTES, BY ADDING CHAPTER 51; RELATING TO THE NATIONAL
DEFENSE AUTHORIZATION ACT OF 2012.
S.B. 1182
1 Be it enacted by
the Legislature of the State of Arizona:
2 Section 1. Title
41, Arizona Revised Statutes, is amended by adding
3 chapter 51, to
read:
4 CHAPTER 51
5 GOVERNMENTAL
COMPLIANCE WITH THE
6 NATIONAL DEFENSE
AUTHORIZATION ACT OF 2012
7 ARTICLE 1. GENERAL
PROVISIONS
8 41-5050. National
defense authorization act of 2012; prohibited
9 acts; violation; classification
10 A. THIS STATE AND
ANY AGENCY OF THIS STATE SHALL NOT PROVIDE MATERIAL
11 SUPPORT OR
PARTICIPATE IN ANY WAY WITH THE IMPLEMENTATION OF SECTIONS 1021
12 AND 1022 OF THE
NATIONAL DEFENSE AUTHORIZATION ACT OF 2012, PUBLIC LAW
13 112-81, AGAINST
ANY CITIZEN OF THE UNITED STATES.
14 B. THE DIRECTOR OF
THE DEPARTMENT OF PUBLIC SAFETY OR A SHERIFF OF THE
15 COUNTY SHALL
REPORT TO THE GOVERNOR AND THE LEGISLATURE ANY ATTEMPT BY
16 AGENCIES OR AGENTS
OF THE FEDERAL GOVERNMENT TO SECURE THE IMPLEMENTATION OF
17 SECTIONS 1021 AND
1022 OF THE NATIONAL DEFENSE AUTHORIZATION ACT, 2011 PUBLIC
18 LAW 112-81 THROUGH
THE OPERATIONS OF THAT OR ANY OTHER STATE DEPARTMENT.
19 C. ANY PUBLIC
OFFICER, EMPLOYEE OR AGENT OF THIS STATE WHO ENFORCES OR
20 ATTEMPTS TO
ENFORCE AN ACT, ORDER, LAW, STATUTE, RULE OR REGULATION OF THE
21 UNITED STATES IN
VIOLATION OF THIS SECTION IS GUILTY OF A CLASS 1
22 MISDEMEANOR.
23 Sec. 2. Findings
24 A. The Legislature
finds that the enactment into law by the United
25 States Congress of
sections 1021 and 1022 of the National Defense
26 Authorization Act
of 2012 is inimical to the liberty, security and well-being
27 of the people of
Arizona and that those sections were adopted by Congress in
28 violation of the
limits of federal power in the United States Constitution.
30 National Defense
Authorization Act of 2012, as they purport to authorize the
31 detainment of
persons who are citizens of the United States and captured
32 within the United
States without charge or trial, military tribunals for
33 persons captured
within the United States who are citizens of the United
34 States and the
transfer of persons who are citizens of the United States and
35 who are captured
within the United States to foreign jurisdictions, violate
36 the following
rights enshrined in the Constitution of the United States:
37 1. Article I,
section 9, clause 2 relating to the right to seek a writ
38 of habeas corpus.
39 2. The First
Amendment right to petition the government for a redress
40 of grievances.
41 3. The Fourth
Amendment right to be free from unreasonable searches
42 and seizures.
43 4. The Fifth
Amendment right to be free from charge for an infamous or
44 capitol crime
until presentment or indictment by a grand jury.
1 5. The Fifth
Amendment right to be free from deprivation of life,
2 liberty or property
without due process of law.
3 6. The Sixth
Amendment right in criminal prosecutions to enjoy a
4 speedy trial by an
impartial jury in the state and district where the crime
5 was allegedly
committed.
6 7. The Sixth
Amendment right to be informed of the nature and cause of
7 the accusation.
8 8. The Sixth
Amendment right to confront witnesses.
9 9. The Sixth
Amendment right to counsel.
10 10. The Eighth
Amendment right to be free from excessive bail and
11 fines, and cruel
and unusual punishment.
12 11. The Fourteenth
Amendment right to be free from deprivation of life,
13 liberty or
property without due process of law.
14 Sec. 3. Short
title
15 This act may be cited as the "Liberty
Preservation Act".
Action Date: 04/24/2012
Action: Passed
Member
Short Name Vote Member Short Name Vote
ABOUD N LANDRUM TAYLOR N
ALLEN Y LEWIS Y
ANTENORI NV LOPEZ N
BARTO Y LUJAN N
BIGGS Y MCCOMISH Y
BURGES Y MELVIN Y
CAJERO
BEDFORD N MEZA N
CRANDALL Y MURPHY Y
DRIGGS Y NELSON Y
GALLARDO NV PIERCE S Y
GOULD Y REAGAN Y
GRAY Y SCHAPIRA N
GRIFFIN Y SHOOTER Y
JACKSON N SMITH Y
KLEIN Y YARBROUGH Y
Ayes: 20
Nays: 8 Not Voting: 2