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HB 2669

strict liability offenses; expressly prescribed

57th Legislature - First Regular Session Introduced by Neal Carter and 6 co-sponsors

HB 2669 requires Arizona to explicitly state in statute which crimes are strict liability offenses rather than allowing courts to infer them.

House Second Reading
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WeVote Research Nonpartisan
Bill Summary · HB 2669

Legislative bill overview

HB 2669 appears to modify Arizona law regarding strict liability offenses by requiring that such offenses be "expressly prescribed" in statute. Strict liability crimes are offenses where prosecutors need not prove criminal intent—only that the defendant committed the prohibited act. This bill would likely limit which offenses can be prosecuted as strict liability by requiring explicit statutory language rather than allowing courts to infer strict liability from legislative intent.

Why is this important

Strict liability offenses significantly affect criminal defendants because they remove the intent requirement, making conviction easier for prosecutors. This bill could protect defendants by narrowing the scope of crimes that don't require proof of mens rea (guilty mind), potentially affecting everything from regulatory violations to environmental crimes. Conversely, it may create statutory ambiguity if legislators don't explicitly designate strict liability offenses, potentially complicating enforcement of regulatory schemes.

Potential points of contention

  • Public safety vs. due process: Prosecutors may argue strict liability is necessary for regulatory compliance; defendants' advocates argue everyone deserves to defend against intent charges
  • Legislative drafting burden: Requires explicit statutory language for each strict liability offense, which may burden future legislators or leave gaps in regulatory enforcement
  • Scope of "expressly prescribed": Unclear whether implied strict liability structures or common law strict liability offenses would be grandfathered in or eliminated

Compiled from official sources — confirm details with the bill’s official record.

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