House of Representatives

HB 2223

complaints; law enforcement affidavits

Sponsors: Representatives Pearce, Jarrett, Johnson, et al

DPA	Committee on Judiciary
DPA	Caucus and COW
X	As Passed the House

HB 2223 changes the Arizona Revised Statutes relating to evidence filed with criminal complaints.

History

Currently, officers must appear in person before a judge or commissioner of the superior court or an authorized juvenile hearing officer to attest to the accuracy of a criminal complaint.

Provisions

· HB 2223 allows a prosecutor to file a criminal complaint with an accompanying affidavit by a law enforcement officer that swears to the accuracy of the complaint in lieu of the officer making an oath before the court.

HB 2223 was amended in the Judiciary Committee as follows:

· Provides a definition of complaint for ARS section 13-4261.

· Allows a law officer to base the affidavit upon information and belief rather than upon personal knowledge of the facts contained in the complaint.

· Makes technical and conforming changes.

The Judiciary Committee amendment was adopted in the Committee of the Whole.

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45th Legislature

First Regular Session 2 March 15, 2001

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