Legislative immunity: Proposed bill could change Arizona's constitution
Legislative immunity could end in AZ if bill passes
If passed, a new bill would amend the Arizona constitution, putting an end to lawmakers getting breaks on speeding tickets. FOX 10's Kenzie Beach has more.
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.
Mark Finchem invokes legislative immunity to get out of speeding ticket
Prescott Police say Finchem was pulled over on Jan. 25 for speeding. Two days later, Finchem sent a letter to the police chief, asking that the citation be "voided and stricken from the record." Finchem cited legislative immunity because the Arizona Legislature is currently in session. Police made a motion to dismiss the speeding ticket without prejudice, meaning the case could be refiled.
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," he 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.
