Latest news with #HCR2053
Yahoo
26-03-2025
- Politics
- Yahoo
Arizona Legislators Are Immune From Traffic Tickets During Session. A New Proposal Wants To Change That.
Under Arizona's Constitution, state legislators are immune from traffic tickets during and around legislative sessions. But after several legislators used the law to get away with reckless speeding, a new proposal is looking to change the law. The resolution, HCR2053, would amend the part of the Arizona Constitution that gives lawmakers immunity "from arrest in all cases except treason, felony, and breach of the peace," by adding "and all traffic violations" to the list. If approved by the very legislators it targets, the proposal would go before Arizona voters in the 2026 election. "Elected officials should not have special privileges that allow them to break the law without accountability," said state Rep. Quang Nguyen (R–Prescott Valley) in a February press release. "The people we serve are expected to follow traffic laws, and legislators should be no different. If a lawmaker is caught speeding, running a red light, or committing any other traffic violation, they should face the same consequences as everyone else." Under the current status quo, legislators have used their immunity to get out of a range of legal issues. According to The Washington Post, state Sen. Mark Finchem (R–Prescott) used the law to get out of a ticket for driving 18 mph over the speed limit in January. Last year, another state Senator invoked the law to try to avoid a citation for driving more than 71 mph in a 35 mph zone. Once the legislative session ended, she was charged with criminal excessive speeding. While the measure seems like common sense, it's unclear whether it will pass. The bill passed the House 37-20 earlier this month and now heads to the Senate. "There's no way it will ever be repealed," former state Rep. Paul Mosley (R–Lake Havasu City)—who himself used the constitutional immunity provision to get out of multiple speeding tickets—told the Post. "It's kind of like a perk or a benefit. That's like saying to legislators, 'Hey, will you take a pay cut?'" While supporters argue that this kind of immunity prevents law enforcement from retaliating against state legislators, in practice, it allows legislators to escape basic accountability under the law. "The only justifiable reason that I can think of is that they fear prosecutors would be using speeding tickets to try to get lawmakers to do what they want them to do," Paul Bender, an Arizona State University law professor, told the Post. "I'm not aware of that happening." The post Arizona Legislators Are Immune From Traffic Tickets During Session. A New Proposal Wants To Change That. appeared first on
Yahoo
20-02-2025
- Politics
- Yahoo
Legislative immunity: Proposed bill could change Arizona's constitution
The Brief Arizona Rep. Quang Nguyen is working to rid the state's constitution of "legislative immunity" through HCR 2053. The section of the constitution reads, in part, "Members of the legislature shall be privileged from arrest in all cases except treason, felony, and breach of the peace …" Rep. Nguyen says she feels lawmakers should live under the same laws all residents live under, calling it "common sense." PHOENIX - If passed, a new bill would amend the Arizona constitution, putting an end to lawmakers getting breaks on speeding tickets. We're learning more about how this bill, HCR 2053, would remove some privileges awarded to our elected officials. What they're saying Arizona Rep. Quang Nguyen, a Republican who represents the Prescott area, wants to amend Arizona's constitution. On Wednesday, Feb. 19, the judiciary committee passed a bill to end legislative immunity for traffic violations. "I represent people. Why is there an exception for me when I speed or make an illegal left turn," Rep. Nguyen said. Currently, lawmakers are immune from civil traffic violations while the legislature is in session. This bill would change that. "I think it's common sense," Rep. Nguyen said. "We need to represent the people and live under the same laws." Rep. Nguyen says this is a common sense move and not in response to recent examples of legislative immunity. Dig deeper Section 6 of Arizona's constitution reads, "Members of the legislature shall be privileged from arrest in all cases except treason, felony, and breach of the peace, and they shall not be subject to any civil process during the session of the legislature, nor for fifteen days next before the commencement of each session." In January, an Arizona DPS Trooper pulled over Arizona State Senator Jake Hoffman for allegedly speeding on U.S. 60. DPS said the trooper recognized Hoffman and didn't give him a ticket, which is in accordance with the Arizona constitution. Also, last month, Rep. Mark Finchem invoked his legislative immunity to get out of a speeding ticket near Prescott. Rep. Nguyen feels legislative immunity for traffic violations is misused. "I represent LD-1. 250,000 people. I should be able to live like them and not above the law," she said. If passed by the full legislature, the bill would go to the ballot in 2026 for voters to decide. "I think this is going to be overwhelmingly supported by the public," Rep. Nguyen said.
