Bill Text: AZ HB2185 | 2014 | Fifty-first Legislature 2nd Regular | Introduced

---

Bill Title: Prohibited governmental compliance; 2012 NDAA.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2014-02-27 - Referred to House RULES Committee [HB2185 Detail]

Download: Arizona-2014-HB2185-Introduced.html

---

 

 

 

REFERENCE TITLE: prohibited governmental compliance; 2012 NDAA.

 

 

 

State of Arizona

House of Representatives

Fifty-first Legislature

Second Regular Session

2014

 

 

HB 2185

 

Introduced by

Representatives Seel, Smith

 

 

AN ACT

 

amending title 41, Arizona Revised Statutes, by adding chapter 51; relating to the national defense authorization act for fiscal year 2012.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 41, Arizona Revised Statutes, is amended by adding chapter 51, to read:

CHAPTER 51

PROHIBITED GOVERNMENTAL COMPLIANCE WITH THE

NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2012

ARTICLE 1.  GENERAL PROVISIONS

START_STATUTE41-5101.  National defense authorization act for fiscal year 2012; prohibited acts; report

A.  This state and any agency of this state shall not provide material support or participate in any way with the implementation of sections 1021 and 1022 of the national defense authorization act for fiscal year 2012 (P.L. 112‑81) against any citizen of the United States.

B.  The director of the department of public safety or the sheriff of a county shall report to the governor and the legislature any attempt by an agency or agent of the federal government to secure the implementation of sections 1021 and 1022 of the national defense authorization act through the operations of that or any other state department. END_STATUTE

Sec. 2.  Findings

A.  The legislature finds that the enactment into law by the United States Congress of sections 1021 and 1022 of the National Defense Authorization Act for fiscal year 2012 is inimical to the liberty, security and well-being of the people of Arizona and that those sections were adopted by Congress in violation of the limits of federal power in the United States Constitution.

B.  The legislature further finds that sections 1021 and 1022 of the National Defense Authorization Act for fiscal year 2012, as they purport to authorize the detainment of persons captured within the United States without charge or trial, military tribunals for persons captured within the United States and the transfer of persons who are captured within the United States to foreign jurisdictions, violate the following rights enshrined in the Constitution of the United States:

1.  Article I, section 9, clause 2 relating to the right to seek a writ of habeas corpus.

2.  The First Amendment right to petition the government for a redress of grievances.

3.  The Fourth Amendment right to be free from unreasonable searches and seizures.

4.  The Fifth Amendment right to be free from charge for an infamous or capital crime until presentment or indictment by a grand jury.

5.  The Fifth Amendment right to be free from deprivation of life, liberty or property without due process of law.

6.  The Sixth Amendment right in criminal prosecutions to enjoy a speedy trial by an impartial jury in the state and district where the crime was allegedly committed.

7.  The Sixth Amendment right to be informed of the nature and cause of the accusation.

8.  The Sixth Amendment right to confront witnesses.

9.  The Sixth Amendment right to counsel.

10.  The Eighth Amendment right to be free from excessive bail and fines, and cruel and unusual punishment.

11.  The Fourteenth Amendment right to be free from deprivation of life, liberty or property without due process of law.

Sec. 3.  Short title

This act may be cited as the "Liberty Preservation Act".