immigration; courts; hospitals; schools; daycares

HB2880 - 572R - I Ver

REFERENCE TITLE:
immigration; courts; hospitals; schools; daycares

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 2880

Introduced by

Representatives
Sandoval: Contreras P, Crews, Garcia, Stahl Hamilton, Tsosie, Villegas;�
Senators Ortiz, Sundareshan

AN
ACT

amending title 11, chapter 7, article 8,
Arizona Revised Statutes, by adding sections 11-1052, 11-1053, 11-1054
and 11-1055; amending title 12, chapter 7, article 2, Arizona Revised
Statutes, by adding section 12-824; relating to immigration enforcement.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section 1. Title 11, chapter 7, article 8,
Arizona Revised Statutes, is amended by adding sections 11-1052, 11-1053,
11-1054 and 11-1055, to read:

START_STATUTE
11-1052.

Privilege from civil arrest; court proceedings; applicability;
civil liability; definitions

A.
A person
who duly and in good faith attends a court proceeding in which the person is a
party, a witness, a potential witness or a court companion of a party, witness
or potential witness is privileged from civil arrest while going to, remaining
at and returning from the court proceeding, including:

1. At the place of the court
proceedings.

2. Within the courthouse building.

3. On the premises of the courthouse,
including parking facilities serving the courthouse.

4. On any sidewalk, parkway and
street surrounding the courthouse and its premises.

5. On any public way within one
thousand feet of the courthouse, including a sidewalk, parkway or street.

B. The protections in this section
apply regardless of whether a judicial order under subsection D of this section
is issued or a court otherwise implements this section by a rule or order.

C. This section does not do either of
the following:

1. Preclude the execution of a
criminal arrest warrant that is issued by a judge or a criminal arrest that is
based on probable cause for a violation of criminal law.

2. Narrow, or in any way lessen, any
common law or other right or privilege of a person who is privileged from civil
arrest under this section or otherwise.

D. A court may issue appropriate
judicial orders to protect the privilege from civil arrest under this section
or common law to maintain access to the court and open judicial proceedings for
all persons in their individual capacity and to prevent interference with the
needs of judicial administration.

E. A person who violates subsection A
or D of this section is liable in a civil action for false imprisonment,
including actual damages and statutory damages of $10,000 if that person knew
or reasonably should have known that the person arrested is a person who duly
and in good faith was attending a court proceeding in which the person is a
party, a witness, a potential witness or a court companion of a party, witness
or potential witness while going to, remaining at and returning from the court
proceeding.

F. A
court may grant any other equitable or declaratory relief that the court deems
appropriate and just. In a successful action under this section, a plaintiff or
petitioner may recover costs and reasonable attorney fees.

G. an action or proceeding may not be
commenced under this section against the judicial branch or any JUDICIAL branch
personnel who act lawfully under the person's duty to maintain safety and order
in the courts.

H. this section does not affect any
right or defense, including any existing qualified immunity defense, of any
person, police officer, peace officer or public officer or any judicial branch
personnel acting lawfully.

I. For the purposes of this section:

1. "Arrest" means a law
enforcement agency or the law enforcement agency's officers taking an
individual into custody.

2. "Civil arrest" means an
arrest that is not any of the following:

(
a
) A criminal
arrest for an alleged criminal violation of any federal, state or local law.

(
b
) An arrest
for any violation of any condition of probation, parole, pretrial release,
supervised release or mandatory supervised release for which arrest is
otherwise authorized by law.

(
c
) An arrest
that is supported by a judicial warrant or judicial order authorizing the
arrest.

3. "Court companion" means
any of the following individuals whose purpose is to support, assist or
accompany a person who is going to, remaining at or returning from a court
proceeding:

(
a
) A spouse,
domestic partner or person who has a dating or engagement relationship with the
party, witness or potential witness.

(
b
) A
biological parent, foster parent, adoptive parent or stepparent of a party,
witness or potential witness.

(
c
) Minor
children or other persons who are under the care of a party, witness or
potential witness.

(
d
) Interpreters.

(
e
) Translators.

(
f
) A person
who assists the party, witness or potential witness with reading or completing
court forms or other documents.

(
g
) a Person
who provides health care or assistance to a party, witness or potential witness
to allow that individual to participate in the court proceeding.

(
h
) A case
manager or social worker for the party, witness or potential witness.

(
i
) A domestic
violence or sexual assault advocate.

(
j
) A person
who transports a party, witness or potential witness to or from the court
proceeding.

4. "Court
proceeding" means the business that is conducted by a court or a matter
that is pending under the jurisdiction or supervision of a court, including
civil proceedings and criminal proceedings.

5. "Judicial warrant or judicial
order authorizing the arrest" means a written order from a court or
federal court that directs a law enforcement agency or some other person who is
specifically named in the order to arrest a person.

6. "Law enforcement agency"
means any entity with statutory police powers and the ability to employ
individuals who are authorized to make arrests.

END_STATUTE

START_STATUTE
11-1053.

Interactions with law enforcement agents in health care
facilities; required policies; hospital notice; civil penalties; definitions

A. on or before January 1, 2027, Each
hospital shall adopt and implement a policy regarding interactions with law
enforcement agents.� Each policy adopted pursuant to this section must include,
at a minimum:

1. The designation of a contact
person or persons to be notified of all law enforcement presence or information
requests at the hospital and procedures to respond to those requests.� The
designated contact person or persons must be legal counsel of the hospital or
other individuals within the administration of the hospital.

2. Procedures to verify the identity
and authority of any law enforcement agent who is involved in immigration
activities at the hospital site, including the use of best efforts to request
and document the first and last name of the law enforcement agent, the name of
the law enforcement agency and the badge number of any law enforcement agent
presenting with a patient or requesting information about a patient.

3. Procedures for designating space
for law enforcement agents to remain and wait at a hospital, considering public
interest, staff safety and patient needs, except that a law enforcement agent
may access the areas of the hospital that the hospital's designated contact
person approves if the law enforcement agent complies with hospital policy and
state and federal law, including that the law enforcement agent has a valid
judicial warrant or court order signed by a judge or magistrate to accompany a
patient in the law enforcement agent's custody or otherwise be present in the
facility or is requested by hospital staff to respond to a safety or security
issue within the hospital.

4. Procedures to ensure that patients
are provided with both of the following:

(
a
) A notice of
privacy policies in accordance with 45 Code of Federal Regulations section
164.520, including information about the patient's right to request an
amendment to the patient's medical record, that shall be made available in the
languages of the populations of persons living within the geographic area that
is served by the hospital in compliance with federal law and that may include a
request that any of the following information be redacted or amended:

(
i
) Place of
birth.

(
ii
) Immigration
or citizenship status.

(
iii
) Information
from birth certificates, passports, permanent resident cards, alien
registration cards or employment authorization documents.

(
b
) An
opportunity, at the earliest reasonable moment, to sign an authorization form
in order to allow the disclosure of information by the hospital to parents,
guardians, relatives or other designees of the patient about the patient's
health status or hospital admission and discharge that shall also be made
available in languages of the populations of persons living within the
geographic area that is served by the hospital in compliance with federal law.

5. Procedures to ensure that any
protected health information that is requested by a law enforcement agent is
released only in strict accordance with all applicable local, state and federal
law, including the health insurance portability and accountability act of 1996
and its implementing regulations, including 45 Code of Federal Regulations
parts 160, 162 and 164 and 45 Code of Federal REGULATIONS section 164.512(
e
) and (
f
).

6. In the case of a law enforcement
agent seeking information for the purpose of immigration enforcement, to the
extent not in conflict with 45 Code of Federal Regulations section 164.512(
e
) and (
f
), a procedure to release information
only when the following circumstances are met, and in strict compliance with:

(
a
) A valid and
accurate subpoena that is issued by a federal judge or magistrate.

(
b
) A valid and
accurate order that is issued by a federal judge or magistrate to require
access.

(
c
) A valid and
accurate warrant that is issued by a federal judge or magistrate.

7. Procedures to ensure annual and,
as deemed reasonably necessary by the hospital, episodic training on the policy
to all of the following:

(
a
) hospital
clinical health care staff, including intake staff, emergency room staff and
independent contractors who provide clinical services.

(
b
) Security
personnel.

(
c
) Designated
contact persons.

(
d
) Administrative
volunteers.

8. Procedures to ensure all policies
of the hospital comply with this section.

9. A requirement that a hospital or
the hospital's agents may not retaliate against a patient, employee or agent
who files a complaint under this section.

B. Hospitals shall submit the
policies that are required by subsection A of this section to the department of
health services not later than January 1, 2027.

C. Hospitals shall post, either by
physical or electronic means, in a conspicuous place within the hospital that
is accessible to patients, employees and visitors a description, provided by
the department of health services, regarding the telephone number that
individuals may call to learn about their immigration rights.� Notices under
this section shall be posted in the predominant language or languages that are
spoken in the hospital's service area.

D. on or before January 15, 2027, the
department of health services shall notify any hospital that has failed to
provide a copy of the policy required under this section.� The department of
health services may adopt emergency rules to enforce compliance with this
section.� This emergency rulemaking authority expires six months after the
effective date of this section. A hospital shall provide a copy of
the policy within seven working days after receiving notice.� The failure of a
hospital to submit a copy of the policy within seven working days may subject
the hospital to the imposition of a civil penalty by the department of health
services. The department of health services may impose a civil penalty of up to
$500 per day until the hospital files the policy.

E. The department of health services
may investigate and respond to complaints from patients, employees and the
public alleging noncompliance with subsection C of this section.� A hospital
and the hospital's agents may not retaliate against a patient, employee or
agent who files a complaint under this subsection.

F. All hospital personnel, including
administrative volunteers, are forever held harmless from any civil, criminal
or other liability that may arise, now or in the future, as a result of the
person's reasonable compliance with this section.

G. This section does not affect a
hospital's obligation as a mandated reporter or to otherwise respond to
instances of suspected crime on the premises.

H. This section may not be
implemented to conflict with federal law or stand as an obstacle to the
enforcement of federal laws.

I. For the purposes of this section:

1. "Administrative
volunteer" means an individual who serves as a volunteer at a hospital in
only an administrative capacity.

2. "Law enforcement agent"
means an agent of federal, state or local law enforcement who is authorized
with the power to arrest or detain individuals, or to manage the custody of
detained individuals, for immigration enforcement.

3. "Patient" means any
person who has received or is receiving medical care, treatment or services
from an individual or institution that is licensed to provide medical care or
treatment in this state.

END_STATUTE

START_STATUTE
11-1054.

Immigration enforcement in schools; immigration enforcement
procedures; website notice; civil action; definitions

A. Unless
required by state or federal law or rule, a school may not perform any of the
following actions:

1. Threaten to disclose the actual or
perceived citizenship or immigration status of an employee, a student or a
person associated with an employee or student to an external party, including
immigration or law enforcement agencies.

2. Knowingly disclose, without the
consent of the employee or student, anything related to the perceived
citizenship or immigration status of an employee, a student or a person
associated with an employee or student to an external party, including
immigration or law enforcement agencies, if the school does not have direct
knowledge of the employee's, student's or associated person's actual
citizenship or immigration status, subject to the requirements of this
subsection.

3. Knowingly disclose, without the
consent of the employee or student, anything related to the actual citizenship
or immigration status of an employee, a student or a person associated with an
employee or student to any other person or nongovernmental entity if the school
has direct knowledge of the employee's, student's or associated person's actual
citizenship or immigration status, subject to the requirements of this
subsection.

4. Designate immigration status,
citizenship, place of birth, nationality or national origin as directory
information, as that term is defined by state and federal law.� This PARAGRAPH
may not be construed to do any of the following:

(
a
) Prohibit a
school from complying with all applicable state and federal laws and rules,
including 8 United States Code section 1184.

(
b
) Prohibit or
restrict a school from sending to or receiving from the United States
department of homeland security or any other federal, state or local
governmental entity information regarding the citizenship or immigration status
of an individual under 8 Unites States Code sections 1373 and 1644.

(
c
) allow the
disclosure of personally identifiable education records, as that term is
defined by state or federal law or information from those records without
complying with state and federal laws and rules governing the disclosure of
such records or information.

(
d
) Prohibit
schools from complying with valid judicial warrants, orders or subpoenas.

(
e
) Prohibit or
restrict a school from disclosing information necessary to respond to an
administrative complaint or litigation that is brought against or by the
school.

B. on or before January 1,
2027, A school shall develop procedures for reviewing and authorizing requests
from law enforcement agents who are attempting to enter a school's campus.� The
procedures must, at a minimum, include the following:

1. Procedures for reviewing and
contacting a designated authorized person, office or department at the school
or school facility, which person, office or department may contact the school's
legal counsel, and procedures for that authorized person, office, department or
legal counsel to review requests to enter a school's campus, including judicial
warrants or orders, nonjudicial warrants and subpoenas.

2. Procedures for documenting all
interactions with law enforcement agents while on the school's campus.

3. Procedures for notifying and
seeking consent from an employee or student if a law enforcement agent requests
access to the employee or student for immigration enforcement purposes, unless
such consent is prohibited by a judicial warrant or subpoena.

C. on or after January 1, 2027, A
school shall provide information on its website about who employees and
students should contact if a law enforcement agent seeks to enter the school
campus, enters the school campus or engages in nonconsensual interactions with
members of the school community, including employees or students.

D. A school shall submit to a
community college district governing board or the Arizona board of regents, as
applicable, a copy of the procedures developed to implement subsections B and C
of this section. The Arizona board of regents or the community college district
governing board shall submit to the Legislature a report that compiles the
procedures received from each school on or before July 1, 2027.

E. This section is a state law within
the meaning of 8 United States Code section 1621(
d
).

F. on or before January 1, 2027, a
school shall provide immigration enforcement resources on its website to help
students and employees understand their constitutional rights and access
immigration-related guidance. This information shall be posted in a
clear and easily accessible location on the school's primary website.

G. on or before January 1, 2027, a
school shall adopt procedures that are designed to do both of the following:

1. Determine if an immigration
enforcement activity is occurring or has occurred on the school's campus,
including verification of the first and last name, employer or agency and badge
number of the lead law enforcement agent, if possible.

2. Notify the appropriate
school-campus unit or area if the school confirms that immigration enforcement
activity is occurring or has occurred on the school's campus that, in the
judgment of school law enforcement or the school's public safety office, could
adversely impact campus safety or operations.

H. A
school may not impede students or employees from offering, attending or
participating in training on constitutional rights and immigration-related
guidance, including attending know-your-rights training or sharing
know-your-rights flyers.

I. Beginning January 1, 2027, any
party who is aggrieved by conduct that violates subsection A of this section
may commence a civil action.� This civil action must be brought not later than
two years after the violation of subsection A of this section or two years
after the date the aggrieved party becomes aware of the violation of subsection
A of this section, whichever is later.� If the court finds that a wilful
violation of subsection A of this section has occurred, the court may award actual
damages.� The court, as it deems appropriate, may grant, as relief, a permanent
or preliminary injunction, temporary restraining order or other order.

J. This section does not require an
exhaustion of the administrative complaint process before civil law remedies
may be pursued.

K. On motion, a court shall award
reasonable attorney fees and costs, including expert witness fees and other
litigation expenses, to a plaintiff who is a prevailing party in any action
brought pursuant to subsection I of this section.� In awarding reasonable
attorney fees, the court shall consider the degree to which the relief obtained
relates to the relief sought.���

L. For the purposes of this section:

1. "Citizenship or immigration
status" means all matters regarding citizenship of the United States or
any other country or the authority or lack thereof to reside in or otherwise to
be present in the United States, including an individual's nationality, country
of citizenship or status as an international student.

2. "Employee" means a
full-time or part-time faculty member, staff member, executive leader,
supervisor, clerical person, student or contracted member of personnel who is
employed by a school and whose role involves direct, routine or meaningful
interaction with students to support the student's academic progress, personal
development or well-being.

3. "Immigration enforcement
activity" includes any arrests or detentions that are conducted by agents
or officers of the United States department of homeland security, United States
immigration and customs enforcement or United States customs and border
protection or any other individual or entity with the power to arrest or detain
individuals or to manage custody of detained individuals for the purposes of
immigration enforcement.

4. "Law enforcement agent":

(
a
) Means an
agent of federal, state or local law enforcement who is authorized with the
power to arrest or detain individuals or to manage the custody of detained
individuals for immigration enforcement.

(
b
) Does not
include an agent of a school's police department.

5. "Nonjudicial warrant":

(
a
) means a
warrant that is issued by a federal, state or local governmental agency that is
authorized with the power to arrest or detain individuals or to manage the
custody of detained individuals for any law enforcement purpose, including immigration
enforcement.

(
b
) Includes an
immigration detainer or immigration warrant.

(
c
) Does not
include a criminal warrant that is issued on a judicial determination of
probable cause, in compliance with the requirements of the fourth amendment to
the United States Constitution.

7. "Prevailing party"
includes any party:

(
a
) Who obtains
some of the party's requested relief through a judicial judgment in the party's
favor.

(
b
) Who obtains
some of the party's requested relief through a settlement agreement approved by
the court.

(
c
) Whose
pursuit of a nonfrivolous claim was a catalyst for a unilateral change in
position by the opposing party relative to the relief sought.

8. "School" means a public
institution of higher education.

9. "School campus" or
"school's campus" means both of the following:

(
a
) Any
building or property that is owned or controlled by a school within the same
reasonably contiguous geographic area of the school and that is used by the
school in direct support of or in a manner related to the school's educational
purposes, including residence halls.

(
b
) Property
within the same reasonably contiguous geographic area of the school that is
owned by the school but that is controlled by another person, is used by
students and supports school purposes, including a food or other retail vendor.

END_STATUTE

START_STATUTE
11-1055.

Immigration enforcement in day care centers; immigration
enforcement procedures; licensing violation; definitions

A. A licensed day care center may not
disclose or threaten to disclose to any other person, entity or agency
information regarding or relating to the actual or perceived citizenship or
immigration status of a child or an associated person, unless disclosure is
required by state or federal law.� This section does not prohibit or restrict
an entity from sending to or receiving from the United States department of
homeland security or any other federal, state or local governmental entity
information regarding the citizenship or immigration status of an individual
under 8 United States Code sections 1373 and 1644.

B. This Section does not affect a
licensed day care center's obligation as a mandated reporter or to otherwise
respond to instances of suspected crime on the premises.� This section does not
prohibit licensed day care centers from interacting with law enforcement agents
for the purposes of hotline emergency calls or incidents arising out of
mandated reporting.

C. The department of health services
shall make available on its website resources for families, including resources
regarding the constitutional rights of families and family preparedness plans.

D. If a child's parent or guardian
directly faces immigration enforcement action, a licensed day care center shall
use the child's emergency contact information and release the child to any
person who is designated as the child's emergency contact or into the custody
of an individual who presents a properly executed appointment of short-term
guardian form on behalf of the child.

E. on or before January 1, 2027, A
licensed day care center shall adopt policies to comply with this section and
shall ensure that all staff members are trained on the adopted policies.� The
policies may not have the effect of excluding or discouraging a child from any
program at the licensed day care center because of the child's or the child's
parent's or guardian's actual or perceived immigration status and shall require
all of the following:

1. A written plan of action for
interacting with law enforcement agents.� the plAN shall be shared with a
child's parent or guardian and SHALL:

(
a
) Designate
spaces thAT ARE deemed to be private within the facility.

(
b
) Designate
the licensed day care center director or the director's designee to serve as
the primary point of contact for interacting with law enforcement agents.

(
c
) include
Procedures that a licensed day care center's primary point of contact shall
follow to respond to and review any request for entry by law enforcement,
including judicial warrants, orders and subpoenas.

2. Procedures for notifying and
seeking written consent from a child's parents or guardian if a law enforcement
agent requests access to personally identifiable information from the child's
records, unless���� the access is in compliance with a judicial warrant or
order or a subpoena that restricts the disclosure of the information to the
child's parents or guardian.

3. Families of children who are
enrolled at the licensed day care center to update their emergency contact list
biannually.

4. Notification to be given, within a
reasonable time period, to parents or guardians and the department of health
services if immigration enforcement action occurs at the licensed day care
center or its environs. A licensed day care center's late pick-up policy shall
be updated to include the degree of diligence the licensed day care center will
use to reach a child's emergency contacts, including the number of attempted
telephone calls to parents and emergency contacts and any requests for police
assistance in finding a child's emergency contact.

F. the Failure to comply with
subsection A of this section is a license violation.� the Failure to comply
with any other provision of this section may be a license violation.

G. For the purposes of this section:

1. "Immigration enforcement
action" includes any arrests or detentions that are conducted by agents or
officers of the United States department of homeland security, United States
immigration and customs enforcement or United States customs and border
protection or any other individual or entity with the power to arrest or detain
individuals or to manage custody of detained individuals for the purposes of
immigration enforcement.

2. "Law enforcement agent"
means an agent of federal, State or local law enforcement who is authorized
with the power to arrest or detain individuals or to manage the custody of
detained individuals for immigration enforcement.

END_STATUTE

Sec. 2. Title 12, chapter 7, article 2, Arizona
Revised Statutes, is amended by adding section 12-824, to read:

START_STATUTE
12-824.

Civil action against a person conducting immigration enforcement;
definitions

A. A person may bring a civil action
against any person who, while conducting immigration enforcement, knowingly
engages in conduct that violates the Constitution of this state or the United
States.�

B. Qualified immunity is a defense to
liability under section 11-1052, 11-1053, 11-1054 or 11-1055
or this section.

C. All monetary, injunctive and
declaratory relief available at common law is available under section 11-1052,
11-1053, 11-1054 or 11-1055 or this section for a violation
of section 11-1052, 11-1053, 11-1054 or 11-1055 or this
section without regard to whether a plaintiff may have a claim under any other
statute or common law cause of action. If a plaintiff seeks punitive damages
against a defendant who committed a violation of section 11-1052, 11-1053,
11-1054 or 11-1055 or this section while acting under color of
federal law, Arizona law or other state law, the following facts must be used
to determine the reprehensibility of the defendant's conduct:

1. Whether the defendant wore a
facial covering while���� committing the violation.

2. Whether, at the time of the
violation, the defendant was a law enforcement officer who failed to identify
or disclose that the defendant was a law enforcement officer, either verbally
or by wearing identifying insignia such as a badge, agency logo or patch or by
providing the officer's name, badge or identification number and the employing
agency or department.

3. Whether, at the time of the
violation, the defendant was a law enforcement officer who was required by
state or federal law or regulation or agency policy to wear and use an
officer-worn body camera during the type of activity that gave rise to the
deprivation of rights and failed to do so.

4. Whether the defendant was
operating or using a motor vehicle without a license plate or with a license
plate issued by another state.

5. Whether the defendant used crowd
control equipment at the time of the violation.

6. Whether the defendant
intentionally violated or failed to comply with any material term or condition
of a court order or consent decree that was issued by a court, that was in
effect at the time of the violation of section 11-1052, 11-1053, 11-1054
or 11-1055 or this section, that applied to the person acting under color
of law and that was issued or entered into in part to address or prevent future
violations of section 11-1052, 11-1053, 11-1054 or 11-1055
or this section relating to the conduct complained of.

D. On motion, a court shall award
reasonable attorney fees and costs, including expert witness fees and other
litigation expenses, to a plaintiff who is a prevailing party in any action
brought under section 11-1052, 11-1053, 11-1054 or 11-1055
or this section. In awarding reasonable attorney fees, the court shall consider
the degree to which the relief obtained relates to the relief sought.

E. For the purposes of this section:

1. "Crowd control
equipment" includes any of the following:

(
a
) Kinetic
impact projectiles.

(
b
) Compressed
air launchers.

(
c
) Oleoresin
capsicum spray, tear gas, mace or other chemical irritants.

(
d
) Forty
millimeter munitions launchers.

(
e
) Less-lethal
shotguns.

(
f
) Less-lethal
specialty impact and chemical munitions.

(
g
) Controlled
noise and light distraction devices.

(
h
) Electronic
control weapons.

2. "Facial covering":

(
a
) Means any
opaque mask, garment, helmet, headgear or other item that conceals or obscures
the facial identity of an individual, including� a balaclava, tactical mask,
gaiter mask, ski mask or other similar type of facial covering or item that
shields the face.

(
b
) Does not include any of the following:

(
i
) A medical grade mask that is designed to prevent the
transmission of diseases.

(
ii
) A facial
covering that is designed to protect against exposure to smoke during a state
of emergency related to wildfires.

(
iii
) Protective
gear that is used by special weapons and tactics team officers and that is
necessary to protect their faces from harm while they perform their team
responsibilities.

3. Immigration enforcement does not
include an action that is committed by a law enforcement officer or peace
officer who is acting within the officer's powers and duties consistent with
the laws of this state.

4. "Prevailing party"
includes any party:

(
a
) Who obtains
some of the party's requested relief through a judicial judgment in the party's
favor.

(
b
) Who obtains
some of the party's requested relief through any settlement agreement approved
by the court.

(
c
) Whose
pursuit of a nonfrivolous claim was a catalyst for a unilateral change in
position by the opposing party relative to the relief sought.

END_STATUTE