legislative subpoena; perjury; refusal; contempt

Plain English Breakdown

The bill summary does not provide details on what happens after someone is found in contempt.

Rules for Legislative Subpoenas and Contempt

This bill allows legislative committees to find witnesses in contempt if they do not comply with a subpoena after being given an opportunity to explain why.

What This Bill Does

• Allows a committee chairperson or the Senate President/House Speaker to issue an order of contempt for neglecting or refusing to obey a legislative subpoena, provided the witness is given notice and an opportunity to present evidence as to why they are not in contempt.
• Specifies that an order of contempt must be signed by either the Senate President, House Speaker, or committee chairperson and countersigned by another official before it can take effect.
• Permits a county sheriff to arrest a witness who neglects or refuses to obey a legislative subpoena.
• Stipulates that a witness may only be found in contempt through specific procedures unless other rules of the legislature provide otherwise.

Who It Names or Affects

• Legislative committees and their chairpersons
• Witnesses who receive legislative subpoenas

Terms To Know

Subpoena

A legal document that orders someone to appear before a committee or court and give testimony.

Contempt

An act of disrespect towards the law, especially by not following an order from a legislative body.

Limits and Unknowns

• The bill does not specify what happens if someone is found in contempt.
• It does not provide details on how hearings to show cause are conducted.
• There is no information about the fiscal impact of these changes.

Official Summary Text

HB2745 - 572R - Senate Fact Sheet

Assigned to
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PASSED BY COW

ARIZONA STATE SENATE

Fifty-Seventh
Legislature, Second Regular Session

AMENDED

FACT SHEET FOR
h.B. 2745

legislative
subpoena; perjury; refusal; contempt

Purpose

Allows a legislative committee to hold a witness in contempt for
neglecting to obey a legislative subpoena, if an order of contempt is issued
for failure to comply with the subpoena after the witness is given an
opportunity for a hearing to present evidence as to why the witness is not in
contempt.

Background

A legislative subpoena may be issued by the Senate President, Speaker of
the House of Representatives (House) or any chairperson of a committee. For a
subpoena to be sufficient, the subpoena must: 1) state whether the proceeding
is before the Senate, House or a legislative committee; 2) be addressed to the
witness; 3) contain the time and place that the attendance of the witness is
required; and 4) be signed by the presiding officer of a committee chairman. The
Senate or House may, by resolution, commit a witness for contempt if the
witness neglects or refuses to obey a legislative subpoena. A witness who
neglects or refuses to attend in obedience to a subpoena may be arrested by the
Sergeant-at-Arms and brought before the Senate or House by a resolution signed
by the Senate President or Speaker of the House and countersigned by the
Secretary of the Senate or Chief Clerk of the House (A.R.S. ��
41-1151
and
41-1153
).

There is no anticipated fiscal impact to the state General Fund
associated with this legislation.

Provisions

1.

Adds
that a witness may be committed to contempt if:

a)

after the witness is given notice and opportunity, at the discretion of
the chairperson, for a hearing to present evidence to show cause as to why the
witness is not in contempt; and

b)

the Senate President, Speaker of the House or any committee chairperson
issues an order of contempt that finds the witness had knowledge of the
subpoena, the ability to comply with the subpoena and failed to comply with the
subpoena.

2.

Stipulates
that a witness may be committed to contempt only by the prescribed procedures,
unless another procedure is provided by the rules of either house of the Legislature.

3.

Specifies
that an order of contempt may be signed by the committee chairperson, Senate
President or Speaker of the House and countersigned by the Secretary of the
Senate or Chief Clerk of the House.

4.

Allows
a county sheriff to arrest a witness who neglects or refuses to obey a
legislative subpoena.

5.

Makes
technical and conforming changes.

6.

Becomes effective on the general effective date.

Amendments Adopted by Committee

�

Allows a county sheriff to arrest a witness for neglecting to
obey a legislative subpoena.

Amendments Adopted by Committee of the Whole

�

Specifies that a committee chairperson may issue an order of
contempt for neglecting or refusing to obey a legislative subpoena.

House Action
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Senate
Action

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Prepared by Senate Research

April 14, 2026

AN/ci

Current Bill Text

HB2745 - 572R - S Ver

Senate Engrossed
House Bill

legislative subpoena;
perjury; refusal; contempt

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HOUSE BILL 2745

AN
ACT

Amending section 41-1153, Arizona
Revised Statutes; relating to the legislature.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it
enacted by the Legislature of the State of Arizona:

Section
1.
1. Section
41-1153, Arizona Revised Statutes, is amended to read:

START_STATUTE
41-1153.

Disobedience of subpoena as legislative contempt

A. If a witness neglects or refuses to obey a
legislative subpoena, or, appearing, neglects or refuses to testify,
the senate or the house may, by resolution entered in the journal,
commit him

unless another procedure is provided by the
rules of either house of the legislature, the witness may be committed

for contempt
by either of the following:

1. After the witness is given notice
and an OPPORTUNITY for a hearing to present evidence, at the discretion of the
chairperson, to show cause as to why the witness is not in contempt, an order
of contempt by any committee
chairperson or the president
of the senate or speaker of the house of representatives that finds that the
witness Had knowledge of the SUBPOENA, Had the ability to comply with the
SUBPOENA and failed to comply with the subpoena.

2. A resolution entered in the
journal by the senate or the house of representatives
.

B. A witness
neglecting

who NEGLECTs
or
refusing

refuses

to attend in obedience to a subpoena may be arrested by the sergeant-at-arms

or a county sheriff
and brought before the senate or
house
upon

of REPRESENTATIVES on

authority of
either of the following:

1.
A copy of the
order of contempt that
is signed by the
chairperson or the president of the senate or the speaker of the house of
representatives and
that is countersigned by the
secretary of the senate or chief clerk of the house of representatives
.

2. a copy of the
resolution
that
is
signed by the president
of the senate
or speaker
of the house of
representatives
,
and
that

is
countersigned by the secretary
of the
senate
or chief clerk
of the house of representatives.
END_STATUTE