Proposition 114: Crime victims; protection from liability

Legislative Council analysis:

Proposition 114 would amend the Arizona Constitution to provide that a crime victim is not liable for damages incurred by a person who was harmed while attempting, engaging in or fleeing from conduct that is classified as a felony offense.

Under current law, Article II, section 31 and Article XVIII, section 6 of the Arizona Constitution generally provide that the right to recover for damages for death or injury may not be limited. Proposition 114 would amend these sections of the Arizona Constitution to provide an exception that a crime victim is not subject to a claim for damages by a person who is harmed while attempting to engage in conduct classified as a felony offense, while engaging in conduct classified as a felony offense or while fleeingfrom such conduct.

Article II, section 2.1 of the Arizona Constitution provides that a "victim" is a person against whom a criminal offense has been committed, or if that person is killed or incapacitated, that person's spouse, parent, child or other lawful representative.

Proposition language:

(SCR1020 - 50th 1st Reg)