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REFERENCE TITLE: civil liability; damages; metal theft |
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State of Arizona House of Representatives Fifty-first Legislature Second Regular Session 2014
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HB 2269 |
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Introduced by Representatives Forese, Borrelli, Gallego, Gowan: Gray, Livingston, Montenegro, Pratt, Thorpe
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AN ACT
amending section 12‑712, Arizona Revised Statutes; relating to civil liability.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 12-712, Arizona Revised Statutes, is amended to read:
12-712. Affirmative defense; limitation; criminal act
A. In any civil action, the finder of fact may find the defendant not liable if the defendant proves that the claimant or, if the claimant is an heir or the estate of a deceased person, the decedent was attempting to commit, committing or immediately fleeing from a felony criminal act and as a result of that act, attempted act or flight the claimant or decedent was at least fifty per cent responsible for the accident or event that caused the claimant's or decedent's harm.
B. In any civil action, the finder of fact may find the defendant not liable if the defendant proves that the defendant did not act intentionally and that the claimant or, if the claimant is an heir or the estate of a deceased person, the decedent was attempting to commit, committing or immediately fleeing from a misdemeanor criminal act and as a result of that act, attempted act or flight the claimant or decedent was at least fifty per cent responsible for the accident or event that caused the claimant's or decedent's harm.
C. Notwithstanding subsection A or B of this section, in any civil action, the finder of fact may find the defendant not liable if the defendant proves that the defendant did not act intentionally and that the claimant or, if the claimant is an heir or the estate of a deceased person, the decedent was attempting to commit, committing or immediately fleeing from an act in violation of section 13‑1802, subsection A, paragraph 7 or 8 and, as a result of that act, attempted act or flight, the claimant or decedent was in any way responsible for the accident or event that caused the claimant's or decedent's harm.