ARIZONA STATE SENATE
Phoenix, Arizona
violence motivated by
gender; action
Allows a victim of an act of
violence that was motivated by gender to file a civil suit against the person
who committed the act.
Background
In 1994 Congress passed the
Violence Against Women Act (VAWA of 1994, Pub. L. No. 103-322 Title 4, codified
in scattered sections of 42 U.S.C. and 28 U.S.C.). VAWA increased prosecution of domestic violence, sexual assault
and child abuse, increased victim services, and increased resources for law
enforcement. VAWA also included a civil
rights remedy (42 U.S.C. 13981) that allowed women to sue their abusers or
attackers in federal court.
In the May 2000 consolidated cases of United States v. Morrison and Brzonkala v. Morrison (120B S.Ct. 1740), the U.S. Supreme Court decided that Congress went beyond its constitutional limits by giving women a federal civil rights remedy. While the 5-4 decision of the Court found that the civil remedy was not within federal scope, the opinion stated that the civil remedy could be provided at the state level.
S.B. 1550 creates a state civil rights remedy for victims of gender-motivated violence.
There is no known impact on
the state general fund.
1. Defines “act of violence” to include acts that would constitute a felony if the conduct results in actual physical injury or presents a serious risk of physical injury and the conduct involves the use, attempted use or threatened use of physical force.
2. Defines “act of violence motivated by gender” to include acts of violence committed in whole or in any part on the basis of gender and due in whole or in any part to an animus based on the victim’s gender.
3. Allows a person who commits an act of violence motivated by gender to be sued civilly by the victim and makes the person liable for compensatory and punitive damages, injunctive and declaratory relief, costs, attorney fees and any other relief deemed appropriate by the court.
4. Clarifies that acts of violence under this section must be demonstrated by a preponderance of the evidence to be motivated by gender and clarifies that a prior criminal complaint, prosecution or conviction is not required for the victim to establish a cause of action.
5. Provides for a general effective date.
Prepared by Senate Staff
February 16, 2001