Speaker blocks effort to repeal immunity

Arizona lawmakers who want to keep their get-out-of-jail-free cards might not have to worry after all.

House Speaker Rusty Bowers has blocked a measure that seeks to repeal a law, commonly known as legislative immunity, which prevents police from arresting lawmakers while the Legislature is in session.

Bowers, R-Mesa, said the protection was put in Arizona’s Constitution for a reason: It was intended to prevent lawmakers from being detained during votes.

“It is a separation of powers issue,” he told “That’s what it is, on purpose.”

Gov. Doug Ducey and some lawmakers have said the privilege should be repealed in the wake of a public outcry after former Rep. Paul Mosley’s speeding scandal last year.

Mosley, a Republican from Lake Havasu City, was pulled over in March for reportedly driving up to 97 mph in a 55 mph zone. During the traffic stop, Mosley bragged he was driving earlier at 120 mph and sometimes drives up to 140 mph, an interaction captured on police body-camera video.

He evoked the privilege to avoid a speeding ticket, but was charged with excessive speeding months later, after the video was publicly released.

Ducey alluded to the controversy during his State of the State Speech at the the Arizona House of Representatives. on Jan. 18.

“We are a nation of laws, not men,” he said told lawmakers as he spoke from the dais, urging lawmakers to put a measure to repeal the immunity on the ballot.

“No one — not me, nor you — is above the law . ... Let’s show the people of Arizona that their elected leaders will live under the same laws as every man and woman in this state.”

Bowers took exception to the governor coming “here in our House “and telling lawmakers they need new rules.

“On opening day, he came down and punched us in the head and then went on with a great speech,” Bowers told

Ducey’s spokesman, Patrick Ptak, said the “governor stands by what he said during his State of the State.”

Bowers blocked House Concurrent Resolution 2008, the measure to repeal legislative immunity, by not assigning it to a committee. Friday is the deadline for House bills to be heard in committee.

HCR 2008 is sponsored by Rep. T.J. Shope, R-Coolidge. He didn’t respond to a request for comment about Bowers’ action.

Because the immunity is enshrined in the state Constitution, voters would need to approve its repeal. Shope’s resolution would put it on the ballot in 2020.

The provision states lawmakers are “privileged from arrest in all cases except treason, felony, and breach of the peace, and they shall not be subject to any civil process” while they are in session, or for 15 days before the beginning of their session.

Bowers said the privilege has been incorrectly referred to as “legislative immunity.”

He said there’s a misconception that the rule gives lawmakers free reign to speed and break the law when, in reality, they can still be cited or charged for the offense even if they aren’t arrested.

“There is no such thing as a legislative immunity,” Bowers said. “It’s a privilege from arrest. It’s not a privilege from prosecution.”

Law-enforcement agencies in Arizona have interpreted the provision to mean they can’t ticket lawmakers for speeding during the legislative session, though many attorneys say speeding likely doesn’t fall under the privilege.

According to the Department of Public Safety, troopers had previously pulled Mosley over six times while he was in office. He received a warning each time.

Mosley, R-Lake Havasu City, has apologized for speeding, but he’s fighting prosecution.