Senate Bill 1449 Arizona
In State v. Montes, 226 Ariz. 194,11, 245 P.3d 879, 881 (2011), the Arizona Supreme Court rejected a challenge to Senate Bill 1449, 2009 Ariz. Sess. Laws, ch. 190, 1-2 (1st Reg. Sess.), which the legislature presumably enacted in response to Garcia v. Browning to provide that the 2006 amendment to the self-defense statute was to be applied retroactively.
The court reasoned, "the Legislature does not violate separation of powers when it acts to make a law retroactive without disturbing vested rights, overruling a court decision, or precluding judicial decision-making." Id.
The court concluded that the retroactivity provision, which expanded defendants' rights, was a proper exercise of the legislature's law-making authority. Id.13-16.; cf. State v. Murray, 194 Ariz. 373,6-7, 9, 982 P.2d 1287, 1288-89 (1999) (finding unconstitutional statute enacted in response to State v. Tarango, 185 Ariz. 208, 914 P.2d 1300 (1996)).