Lawmaker Pushes for Overhaul of Legislative Immunity Laws

A Prescott Valley legislator is gauging public sentiment regarding legislative immunity for traffic violations in Arizona. Representative Quang Nguyen aims to amend the state’s constitutional protections that currently shield lawmakers from arrest during legislative sessions and for 15 days prior, with exceptions for treason, felonies, and breach of peace.

Nguyen’s proposal, HCR 2053, emerges following incidents involving fellow lawmakers, including Senator Mark Finchem, who recently sought to avoid a speeding citation. Should Nguyen’s proposal move forward, it must first gain majority approval from lawmakers and then win voter support in a 2026 ballot.

The likelihood of passage remains uncertain. Historical attempts to modify the immunity provision have met with resistance, even urging from former Governor Doug Ducey in 2019.

Last year, ex-Senator Justine Wadsack attempted to invoke this immunity when stopped for driving 71 mph in a 35 mph zone. Though police delayed the citation, Wadsack ultimately was ticketed and participated in traffic school.

More recently, Finchem, caught driving 18 mph over the limit, presented his Senate identification to the officer. Although the ticket was withdrawn after citing immunity, police retained the option to reissue it post-session.

Nguyen argues that elected officials should not enjoy privileges that remove accountability for legal infractions. “If a lawmaker is caught speeding or running a red light, they should face the same consequences as everyone else,” he asserted.

The existing provision does not grant absolute immunity; it merely prevents arrest during specified legislative periods unless charged with serious offenses. Nguyen believes removing the traffic exemption would enhance public confidence in government integrity.

He acknowledges historical reasoning for the immunity clause but cites modern technology that allows lawmakers to communicate and request legislative delays even if stopped by law enforcement. “With technology today, there’s no longer a need for such immunity,” he stated.

Senator John Kavanagh expressed support for Nguyen’s intentions but questioned the measure’s survivability in the legislative landscape. Past efforts to repeal or amend similar protections have often faltered.

Governor Katie Hobbs’s office remarked that she has not evaluated the resolution, but expressed her stance against special treatment for politicians. “She believes they should be held to the same standards as everyday Arizonans,” spokesperson Christian Slater said.