Arizona House bill by Rep. Shamp defines constables’ duties and authority, passes both chambers

Passed bill authored by State Rep. Janae Shamp seeks to clarify the powers, duties, and limitations of constables in Arizona. Shamp’s legislation aims to establish their responsibilities in serving legal processes, attending courts, and enforcing rules under judicial oversight. It also intends to regulate training requirements and restrict constables from private process serving or business interests, according to the Arizona State Senate.

It passed both chambers as of June 27, clearing the House by a vote of 41-15 and the Senate by a vote of 20-10.

The bill, introduced as SB1082 on Jan. 14, during the first regular session of the 57th Legislature, was formally listed with the short title: ‘constables; report; board of supervisors’.

The following is our breakdown, based on the actual bill text, and may include interpretation to clarify its provisions.

In essence, this bill amends Section 22-131 of the Arizona Revised Statutes to detail the powers, duties, and restrictions of constables within the state. It mandates that constables attend justice of the peace courts and execute, serve, and return legal processes within their county. These duties may be enforced by the presiding judge of the county’s superior court, with the power of contempt as a means of enforcement. Constables are also required to attend specific training and may appoint deputies and necessary staff with the board of supervisors’ consent. Constables have peace officer authority solely in their official capacity and can serve legal processes in adjoining precincts of neighboring counties. The bill prohibits constables from acting as private process servers and from owning interests in such businesses.

In the House, 11 Democrats and 30 Republicans voted in favor while 14 Democrats and one Republican opposed it.

Meanwhile, in the Senate, five Democrats and 15 Republicans voted in favor while nine Democrats and one Republican voted against it.

Shamp introduced the bill in the Arizona Senate on Jan. 14 during the first regular session of the 57th Legislature.

The bill was sponsored by David Gowan (Republican-19th District).

Shamp graduated from Arizona State University in 2002 with a BS and again in 2012 from Grand Canyon University with a BS.

Shamp, a Republican, was elected to the Arizona State Senate in 2023 to represent the state’s 29th Senate District, replacing previous state senator Martin Quezada.

The bill was signed into law by Gov. Katie Hobbs on July 1.

In Arizona, the legislative process begins when a bill is introduced in either the House of Representatives or the Senate. It is then assigned to one or more committees for discussion and possible amendment. If approved by committee, the bill proceeds to floor debate and voting in both chambers. If both chambers pass the bill, it is sent to the governor, who may sign it into law, veto it, or allow it to become law without a signature. The Arizona Legislature convenes annually in regular session starting the second Monday in January. Lawmakers introduce hundreds of bills each session, though only a portion make it into law. You can learn more about the legislative process on the Arizona State Legislature website.