ARIZONA STATE SENATE
Phoenix, Arizona
Purpose:
Allows a prosecutor, if the prosecutor charges a criminal offense by complaint, to attach an affidavit of a law enforcement officer that swears to the accuracy of the complaint rather than requiring the officer to swear to the accuracy of the complaint before a magistrate.
Background:
Law enforcement officers record criminal activity in a police report. From the facts contained in the police report, a prosecutor then determines whether the case is prosecutable and, if so, writes a complaint. A complaint is a written statement detailing the essential facts constituting the public offense. Current statute requires the officer to later appear before the court and take an oath that the information contained in the complaint is accurate.
H.B. 2223 allows a law enforcement officer to sign an affidavit swearing to the accuracy of the facts in the complaint and include the affidavit with the complaint when it is sent to the court. The accompanying affidavit is in lieu of the officer taking an oath before the magistrate, although the use of an affidavit does not preclude the officer from appearing in person.
There is no anticipated impact to the state general fund associated with this bill.
Provisions:
1. Allows a prosecutor, if the prosecutor charges a criminal offense by complaint, to attach an affidavit of a law enforcement officer that swears to the accuracy of the complaint rather than requiring the officer to swear to the accuracy of the complaint before a magistrate.
2. Defines complaint.
3. Contains technical and conforming changes.
4. Provides for a general effective date.
House Action:
JUD 3/6/01 DPA 7-3-0
3rd Read 3/13/01 33-24-3
Prepared by Senate Staff
April 6, 2001