Arizona Judicial Branch

Chapter.
   03

HB 2128

Go to
full text

JUSTICE COURT FEES 
(Rep. Hubbs, et al)

The fee for small claims service by mail is raised from three to eight dollars.  The original fee was set 12 years ago pursuant to Laws 1992, Ch. 8 §3.  The increase reflects the actual cost of mail service as reported by the United States Postal Service.

Go to
full text

VITAL RECORDS HEALTH STATISTICS 
(Rep. Gullett, et al)

 The statutes governing vital records and public health statistics (A.R.S. Title 36, Ch. 3) are repealed and rewritten. Among the many new provisions of law, if an acknowledgement of paternity is rescinded due to a paternity dispute, the registrar must remove the listing for the father’s name from the registered birth certificate. 

Go to
full text

SUPREME COURT PERFORMANCE AUDIT 
(Rep. Nelson, et al)

The auditor general is directed to conduct a performance audit of programs and funds administered by the Supreme Court.  In addition, the Auditor General shall conduct an initial performance audit of the Administrative Office of the Courts and submit the report before October 15, 2006 .

Similar provisions found in HB2260 ( Ch. 69)

Go to
 full text

JCEF EXPENDITURES AND REPORTS 
(Rep. Huffman, et al)

Courts are now permitted to spend JCEF monies without seeking further approval from the Supreme Court only if 1) the proposed project was described in the information technology strategic plan submitted by the court and approved by the Supreme Court, including a proposed budget for the project, and 2) the proposed expenditure is less than a threshold amount to be established by the Supreme Court.  In the case of the superior court, the presiding judge and clerk of the superior court must agree on the project or it shall be submitted to and approved by the Supreme Court.

In addition, directs the auditor general to conduct a performance audit of programs and funds administered by the Supreme Court.  Similar provisions found in HB2138 ( Ch. 39)

Go to
full text

CLOSING TIME FOR LICENSED LIQUOR PREMISES

(Rep. Reagan, et al)

Extends the time that a retailer may sell, dispose of, deliver or give spirituous liquor to a person by one hour and extends the time an on-sale retailer may allow a person to consume or possess spirituous liquor by one hour and fifteen minutes.

Go to
 full text

JUSTICE OF THE PEACE PRO TEMPORE 
(Sen. Jarrett)

The qualifications for the position of Justice of the Peace (JP) pro tempore are amended, stating that JP pro tems need not be members of the bar.

Conditionally enacted upon passage of constitutional amendment SCR 1009 at the 2004 general election.

Go to
 full text

PRESIDING JUSTICE OF THE PEACE 
(Sen. Jarrett)

A new section of law (A.R.S. §22-103) requires that in counties with two or more justice courts, the justices of the peace in that county select one presiding Justice of the Peace (JP) and one alternate presiding JP.  No specific administrative duties are outlined in the statute.

 In 1993, Chief Justice Stanley Feldman issued Administrative Order 93-30, providing for selection of a presiding JP in counties with four or more justice courts.

Go to
 full text

POWER ENTITIES; CONFIDENTIALITY 
(Rep. Nelson, et al)

 Prohibits a public power entity and an electric utility to release customer-specific information unless prior written consent from the customer is given. Exempts the utility company if the information is required in order to conduct account collection activities, or to provide safe and reliable service to the customer.

Go to
full text

VITAL RECORDS HEALTH STATISTICS
 (Rep. Gullett, et al)

 The statutes governing vital records and public health statistics (A.R.S. Title 36, Ch. 3) are repealed and rewritten. Among the many new provisions of law, if an acknowledgement of paternity is rescinded due to a paternity dispute, the registrar must remove the listing for the father’s name from the registered birth certificate. 

Go to
 full text

VICTIM RIGHTS STATEMENT 
(Sen. Brotherton, et al)

A new section of law (A.R.S. §13-4438) is added, requiring judges of the superior court to read a victim rights statement at the daily commencement of the regular criminal docket.  The statement reads: 

If you are the victim of a crime with a case pending before this court, you are advised that you have rights under Arizona law that, among others, include the right to be treated with fairness, respect and dignity, to a speedy trial, to be present at court proceedings, to choose whether or not to be interviewed by the defendant or the defendant’s attorney, to be heard before the court makes a decision on release, negotiation of a plea, scheduling and sentencing and to receive restitution from a person who is convicted of causing your loss.  If you have not already been provided with a written statement of all victims’ rights, please contact the victim services division of the prosecutor’s office.

Go to
full text

SOCIAL SECURITY NUMBERS 
(Rep. C. Gray, et al)

The government’s use of complete social security numbers is restricted only to the Department of Revenue, law enforcement agencies, and the Industrial Commission provided they comply with A.R.S. §44-1373.  Other agencies may only use the last four numbers of an individual’s social security number.

Go to
 full text

SEX OFFENDER ASSESSMENTS 
(Rep. R. Pearce, et al)

The Department of Public Safety’s authority to charge sex offender monitoring fees is repealed.  In place of the monitoring fee, a new section of law (A.R.S. §13-119) is added that imposes a $250 assessment on persons convicted of any offense for which the person would be required to register as a sex offender pursuant to A.R.S. §13-3821.  In addition, persons who fail to comply with sex offender registration requirements are required to pay the $250 assessment.  The assessment may not be waived by the court and is not subject to any surcharge.

Go to
full text

INSURANCE INQUIRIES; USE BY INSURER 
(Rep. Huffman, et al)

This bill prohibits an insurer from considering an inquiry by an insured as to the terms or coverage of a policy as a basis for declining, non-renewing or canceling insurance.   The bill also specifies that an inquiry is not a claim unless an actual claim is filed by the insured that results in an investigation by the insurer.

Go to
full text

JURY SERVICE 
(Rep. Graf, Robson)

Various changes are made to the laws governing jury service, including: 1) compensation of $40 per day from the Arizona Lengthy Trial Fund to unemployed jurors who serve 10 days or longer; 2) automatic postponement for a prospective juror if he or she has not been granted two prior postponements; and 3) increased flexibility for the jury commissioner to determine the time period for postponements (previously limited to three months).

Emergency effective date of April 23, 2004

Go to
full text

PEACE OFFICER DISCIPLINARY HEARINGS
 (Sen. Weiers, et al)

Various substantive and procedural changes are made to the statutes governing law enforcement officer disciplinary hearings.  When a peace officer appeals a disciplinary action, both parties must disclose all relevant documents and a list of all witnesses within a prescribed timeframe.  In addition, the first request for a change of hearing officer or administrative law judge by either party shall be granted. 

Go to
 full text

PUBLIC RECORDS 
(Sen. Burns et al)

Public agencies are now required to provide, upon request, an index of records that have been withheld from a public records request.  The agency shall not include in the index any information made confidential by statute or court order.  Agencies exempt from the index reporting requirement are: Department of Public Safety, Department of Transportation Motor Vehicle Division, Department of Juvenile Corrections, and Department of Corrections.

Go to
full text

AGENCY BANK ACCOUNTS; CUSTODY 
(Rep. Huppenthal)

Clarifies the definitions of convenience fee, discount fee and processing fee. The bill prohibits any state agency or budget unit from establishing a bank account for any government monies and mandates that all state agency and other monies received by this state must be deposited with and in the custody of the State Treasurer or in an account authorized by the State Treasurer.    The bill also exempts private state agency or budget unit bank accounts statutorily authorized to be kept separate from the State General Fund from being placed under the custody of the State Treasurer.  Requires all state agencies and budget units to transfer all monies that are kept in private bank accounts to the State Treasurer on or before January 1, 2005 , for deposit in separate accounts, as determined by the State Treasurer.

Go to
full text

LOCATING PROBATION ABSCONDERS
 (Rep. Tully)  

The Department of Revenue (DOR) must now provide the court with the home address and any additional taxpayer identification numbers used by the taxpayer whose debt for a court obligation is referred for setoff and who is identified by the court a probationer on absconder status regardless of whether or not the absconder is entitled to a refund.  Previously, DOR was only authorized to provide the court with taxpayer information for persons whose debt was referred for setoff and were entitled to a refund.  Thus, this measure will expand the ability of the probation departments to locate probation absconders. 

Go to
full text

PUBLIC INFORMATION; CONFIDENTIALITY 
(Rep. C. Gray, et al)

This bill prohibits the disclosure of a peace officer’s photograph from his or her personnel file with the following exceptions:  A law enforcement agency may release a peace officer’s photograph from the officer’s personnel file if that officer is charged by complaint, information or indictment of a misdemeanor or felony and the agency may use the officer’s personnel photograph to assist a person with a complaint against an officer for the purpose of identifying an officer.  Another exception includes a request from a newspaper representative for a specific newsworthy event, unless the peace officer is undercover or is scheduled to be undercover within 60 days; the release of the photograph is not in the best interest of this state, or a peace officer or prosecutor files an affidavit with the presiding judge of the superior court in the county in which the affiant resides, requesting to prohibit the release of the photograph.

Go to
full text

ELECTION AMENDMENTS; HELP AMERICA VOTE 
(Sen. Jarrett)

Makes changes to election laws to comply with the Help America Vote Act.  The bill requires the clerk of the Superior Court or District Court to file an official notice with the Secretary of State when an action is taken in the court that makes a person ineligible to vote and clarifies that in the event of a court ordered recount of votes for a state primary, general or special election, the tabulating system shall be furnished and programmed under the supervision of the Secretary of State.

Go to
full text

HEALTH CARE INSTITUTION RECORDS 
(Rep. Arnold, Gullett)

Numerous changes are made to the laws governing medical records to conform state law to the federal Health Insurance Portability and Accountability Act (HIPAA) Privacy Standards regulations. 

Go to
full text

DEVELOPMENTAL HOMES 
(Rep. Gullett, et al)

The Department of Economic Security (DES) will assume the duties of the Department of Health Services (DHS) and ensure that each adult developmental and child developmental foster home satisfies proper sanitation requirements.  DES is mandated to take any action necessary to ensure requirements are met, including suspending or revoking licenses of homes that are out of compliance.

Go to
full text

COMMUNITY ACCOUNTABILITY PROGRAM
 (Rep. Konopnicki)

The Community Accountability Pilot Program (Program) is established to reduce recidivism, among other goals, for nonviolent offenders who are either on or are eligible for community supervision.

The Board of Executive Clemency may place an offender on electronic monitoring and order participation in the Program only if the offender has violated a condition of community supervision, but has not committed an additional offense.

Go to
full text

GOVERNMENTAL PROCUREMENT 
(Rep. Thompson)

State and local governments are directed to set aside at least one percent  of new purchases and contracts for any products, materials or services for Arizona industries for the blind, certified nonprofit agencies for disabled individuals and Arizona correctional industries.

Although the judicial branch is not subject to the procurement code outlined in A.R.S. Title 41, Chapter 23, it is nonetheless directed, (pursuant to A.R.S. § 41-2501(E)), to adopt rules substantially equivalent to the state procurement policies and procedures.

This measure is effective from January 1, 2005 to July 1, 2009 .

Go to
full text

INVESTMENT REPORTS OF STATE MONIES
 (Sen. Verschoor, et al)

The state treasurer and the Public Safety Personnel Retirement System (PSPRS) fund manager must submit reports to the Senate Finance Committee and the House Government & Retirement Committee, on or before January 10 and July 10 of each year, on the economic impact of global security risks of investments of state monies and PSPRS fund monies respectively. 

Go to
full text

STATE EMPLOYEE COMPENSATION STUDY 
COMMITTEE (Sen. Tibshraeny, et al)

The Joint Legislative Study Committee on State Employee Compensation (Committee) is established to study the various state personnel systems and compensation, including salary, benefits, turnover, and comparisons to other public and private employers.  The Committee shall report its findings on or before December 1 of each year until September 30, 2007 , at which point the Committee is repealed.

Go to
full text

TUITION WAIVERS 
(Sen. Waring, et al)

Go to
full text

ALCOHOL DETOX STUDY COMMITTEE
 (Rep. Carruthers, et al)

The Study Committee on Regional Alcohol Detoxification Centers (Committee) is established to review federal and state laws that impact the use of behavioral health services for alcohol and substance detoxification centers, identify treatment models that may be successful in regions of this state and study the detoxification services provided by communities outside of Arizona , among other goals.  The Committee shall submit its report on or before November 16, 2004 .  The Committee is repealed after September 30, 2005  

Go to
full text

STATE EMPLOYEE MENTOR PROGRAM 
(Sen. Martin)

The Director of Arizona Department of Administration (ADOA) shall establish procedure rules that encourage and allow state employees to engage in activities that support mentoring, education and youth development of school age youths.

Go to
full text

SPECIAL EDUCATION; FOSTER PARENT DEFINITION
(Rep. Allen et al)

Go to
full text

PETROLEUM INDUSTRY INFORMATION 
(Sen. Tibshraeny, et al)

A new article of law is added (A.R.S. Title 44, chapter 9, article 18) governing confidentiality of petroleum industry information.  A governmental entity shall classify as confidential and not disclose to the public any documents received from a petroleum industry related source, unless the governmental entity determines that there exists no trade secret or other legitimate justification for the confidentiality claim.  If the government determines there is no justification for confidentiality, the government shall submit a written decision to the person or entity who submitted the information before disclosing the information to the public.  The person or entity who submitted the information may then seek judicial intervention to block public disclosure of that information. Government entity is defined to exclude the courts of the state.

Go to
full text

SERVICE ANIMALS; CLASSIFICATION 
(Rep. Thompson)

Failure to yield and take reasonable precautions to avoid injury to a legally blind person who is assisted by a cane, service animal or other person is classified as a class two misdemeanor under A.R.S. §11-1024.

All other crimes presently listed under A.R.S. §11-1024 are reclassified from a class one misdemeanor to a class two misdemeanor.

Go to
full text

REGULATORY REFORM
 (Rep. Huppenthal)

Go to
full text

BUILDING LIFE EXTENSION STUDY 
(Rep. Pearce et al)

Prior to the request of funding for the replacement of a building of 25,000 square feet or greater, Arizona Department of Administration (ADOA), Arizona Board of Regents (ABOA) and Arizona Department of Transportation (ADOT) are required to submit a building life extension study. The study shall include the current service life of the building and a comparison of the cost of extending the life of the building with the cost or replacing it.

Go to
full text

WORKER’S COMPENSATION; INSURANCE 
(Sen. Leff)

Changes are made to the amount required as a deposit to the state treasurer to offer worker’s compensation insurance. Reimbursement procedures for compensation from the State Compensation Fund for unpaid claims by an insurer or employee are altered.

Go to
full text

ACCESS TO INFORMATION TECHNOLOGY 
(Sen. Mitchell, et al)

Go to
full text

TOBACCO DELIVERY SALES 
(Sen. Leff)

Go to
full text

TECHNICAL CORRECTIONS 
(Rep. Huppenthal)

Go to
full text

ELECTION LAW AMENDMENTS 
(Sen. Jarrett)

In an election where no candidates for elected office appear on the ballot, the polling places may be consolidated by the board of supervisors, with proper notice. Also, electioneering and other political activity shall be allowed outside of the seventy-five foot limit of polling places, except in the case of an emergency. Those persons who pursuant to A.R.S. § 16-153 have their voter information sealed, may now request an early ballot. Provides various other amendments to election laws.

On Ballot
Nov. 2004

JPS; PRO TEM QUALIFICATIONS 
(Sen. Jarrett et al)

Go to
full text

EXPERT WITNESS CERTIFICATION
(Sen. Leff, et al)

Civil actions against health care professionals are added to the types of cases where parties are required to file a preliminary expert opinion affidavit if expert testimony is necessary to prove the claim.  The legislative intent section states that the purpose of this measure is to curtail the filing of frivolous lawsuits against health care professionals.

Go to
full text

PHYSICIANS; REFERRALS; REIMBURSEMENT
(Rep. Bradley, et al)

Allows physicians to accept payments from a medical researcher in connection with identifying and monitoring patients for a clinical trial.  Currently, a person who knowingly offers, delivers, receives or accepts any rebate, refund, commission, preference or other consideration as compensation for referring a patient to any individual, pharmacy, laboratory, clinic or health care institution providing medical or health-related services is guilty of:      A class 3 felony, if the consideration had a value of $1,000 or more, a class 4 felony, if the consideration had a value of $100-$1,000 or more, a class 6 felony, if the consideration had a value of $0-$100 or more. The bill also clarifies that accepting payments from a medical researcher in connection with identifying and monitoring patients for a clinical trial is not an act of “unprofessional conduct”.

Go to
full text

UNIFORM COMMERCIAL CODE BULK SALES 
(Rep. Tully)

The statutory provisions governing bulk sales are repealed.  This portion of the Uniform Commercial Code was enacted decades ago to protect against a form of fraud that no longer exists due to changed business practices.

Go to
full text

FORCIBLE ENTRY AND DETAINER APPEALS 
(Rep. Tully, et al)

Litigants appealing forcible entry and detainer actions are now required to file supersedeas and cost bonds with the justice court, while the case is pending appeal to the superior court.  This change is necessary to conform statute to Rule 6 of the Superior Court Rules of Appellate Procedure which already directs that supersedeas and cost bonds be paid in the trial court.

Go to
full text

CHARITABLE GIFT ANNUITIES 
(Rep. Carpenter)

Establishes new requirements for organizations offering charitable gift annuities and adds to the list of information the organization must disclose to a donor and allows two years for a donor to bring action against a charitable organization if it is in violation of this law.

Go to
full text

CONSUMER REPORTING AGENCY; INFORMATION DISCLOSURE
(Rep. Carpenter, Sen. Martin)

Prohibits consumer-reporting agencies from providing or selling any personal or privileged information received through an insurance transaction.

Go to
full text

FOOD PRODUCT LIABILITY 
(Rep. Tully, J. Allen)

An affirmative defense to a product liability action is now permitted if the defendant proves that the proximate cause of the incident or incidents giving rise to the action was the repeated consumption of a food product that is not defective and unreasonably dangerous if consumed in reasonable quantities.

Go to
full text

CONFIDENTIAL INSURER CLAIM FILES 
(Rep. Tully, Hubbs)

Prohibits the Director of the Department of Insurance from disclosing confidential information obtained from an insurer’s claim files unless requested or subpoenaed by the Attorney General, a county attorney, the court or a state or federal agency. 

Go to
full text

REAL ESTATE OMNIBUS 
(Sen. Leff, Brown)

This bill makes numerous changes to statutes regulating the real estate industry including increases to civil penalties assessed on a developer who violates a timeshare law or rule, from $500 to a range of $1,000 to $5,000.

Go to
full text

CIVIL LIABILITY EXEMPTION 
(Rep. Gullett, et al)

Immunity from civil liability for all actions brought under the elder abuse statutes (A.R.S. §§46-455, 46-456) is expanded to include certified emergency medical technicians, intermediate emergency medical technicians and paramedics when rendering emergency medical aid.

Go to
full text

ABANDONED PROPERTY 
(Rep. Thompson, et al)

The court is directed to order excess proceeds from trustee sales that are fifty dollars or less and presumed abandoned, to be deposited in the county general fund.  Currently the court is required to order the county treasurer to release excess proceeds from trustee sales, in any amount, to the party entitled to receive them.

In addition, the measure extends from one to three years the time after which distributable property is deemed abandoned. 

Go to
full text

Uniform TRUST CODE REPEAL 
(Rep. Boone, Sen. Jarrett)

The uniform trust code (code) that was adopted by the Legislature in 2003 is repealed.  The code was given a delayed effective date of January 1, 2004 which was later extended to January 1, 2006 .  Thus current Arizona trust laws found in Title 14 will continue to govern this area of law.

The legislative intent section of the measure states that the legislature reaffirms the efforts of the national conference of commissioners on uniform state laws and intends to continue to analyze provisions of the code so that acceptable elements may be implemented to improve Arizona trust laws.

Go to
full text

HEALTH CARE PROVIDER LIENS
 (Rep. Gullet, et al)

Among the many changes made to A.R.S. §§ 33-931 and 33-934, the court may now award reasonable attorney fees to the prevailing party in a lien action regardless of whether the prevailing party is the claimant

Go to
full text

 RESIDENTIAL RENTAL PROPERTY
(Sen. Leff)

If a residential rental property owner fails to report information to the county assessor as required by A.R.S. § 33-1902, the tenant of that property may choose to terminate the tenancy only if the tenant provides to the landlord, owner or managing agent of the property a written ten day notice to comply with the reporting requirements.

This new provision applies to any existing or new lease after the effective date of the measure ( August 25, 2004 ).

Go to
full text

TRUSTEE SALES 
(Rep. Hubbs, Bradley)

If the trustee fails to comply with the requirements for properly applying and depositing monies upon the completion of a sale, the trustee forfeits any entitlement to the fees and costs.  Any person with a recorded or other legal interest in the property at the time of the sale may commence a civil action against the trustee for the trustee’s failure to apply and deposit the monies properly.  The court may award the prevailing party reasonable attorney fees.

Go to
full text

DISPUTE RESOLUTION IN MULTI-DWELLING ACTIONS
(Sen. Leff)

Prior to the filing of a multi-dwelling action, purchasers must pursue alternative dispute resolution procedures, similar to present dwelling action requirements.

Go to
full text

RENTAL AGREEMENTS 
(Rep. McClure)

Rental agreements are now prohibited from providing that the tenant 1) agree to waive or limit the right to summon a peace officer or other emergency assistance in response to domestic violence, or 2) agree to pay monetary or other penalties for summoning a peace officer or other emergency assistance in response to domestic violence.

Go to
full text

MILITARY AIRPORT PLANNING 
(Rep. Nelson et al)

The Military Installation Fund is established to preserve military installations and fund enhancement projects. Multiple provisions of law pertaining to local government and Attorney General responsibilities are included.

Allows the Attorney General to file a civil action within 30 days of determination of non-compliance of a proposed plan in a high noise or accident potential zone from a municipality, county or political subdivision.

Go to
full text

CONDEMNATION APPRAISALS  
(Rep. Landrum Taylor, et al)

In a proposed condemnation action, the governmental entity that initiated the action must provide the owner with all available appraisals.  If the owner of a residential property disagrees with the offer and appraisal the owner may obtain a second appraisal paid for by the governmental entity.  In addition, the court may award fees and other expenses to any party other than the governmental entity.

Go to
full text

DISMISSAL OF CONDEMNATION ACTIONS 
(Sen. Tibshraeny, et al)

In condemnation actions where the proceeding is dismissed on a motion by the plaintiff because both parties agree to settle out of court, both parties must pay their own costs, disbursements, expenses and attorney fees unless otherwise specified in the settlement agreement.

Go to
full text

DISPOSITION OF ABUSED OR VICIOUS ANIMALS 
(Rep. McClure)

A new section of law (A.R.S. § 11-1029) is added, setting forth a procedure to allow a peace officer or animal control officer, upon a showing of probable cause that an impounded animal has been abused or is vicious,  to request a hearing in justice or city court to determine whether the animal has in fact been abused or is vicious.  The hearing shall be set within 15 business days of the request and the officer who requested the hearing is responsible for serving notice to the owner of the animal.

If the owner fails to appear at the hearing or if the judge finds that the animal has been abused or is vicious, the judge may order the animal forfeited to the requesting officer.  The owner is required to pay impound fees and any other costs for boarding or necessary veterinary care.

Go to
full text

HOMEOWNERS’ ASSOCIATION REGULATIONS 
(Rep. Prezelski, et al)

Homeowners’ associations are not allowed to prohibit the indoor or outdoor display of a political sign by an association member on that member’s property except that an association may prohibit the display of political signs earlier than 45 days before an election and later than 7 days after.

Go to
full text

HOMEOWNERS’ ASSOCIATION CONTRACTS 
(Rep. C. Gray)

Description

Go to 
full text

CRIMINAL CODE CLEANUP 
(Rep. Tully, et al)

Each year, bills are introduced to correct statutory changes made in prior years.  This measure corrects defective or conflicting internal references in Titles 13 (Criminal Code), 28 (Transportation), 31 (Prisons and Prisoners), and 41 (State Government).

Go to
full text

BOARD OF EXECUTIVE CLEMENCY 
(Rep. Tully)

 The sunset (or termination) date for the Board of Executive Clemency (Board) is extended by one year from July 1, 2004 to July 1, 2005 .  The one year continuance is to allow the auditor general to perform a routine performance audit to make recommendations on how long to continue the Board.  There are numerous legislatively established boards and commissions found in Title 41 (State Government) with sunset dates typically set for ten years. 

Go to
full text

UNLAWFUL MOTION PICTURE RECORDING 
(Rep. Tully, Hubbs)

A new section of law (A.R.S. §13-3723) makes it unlawful for a person to knowingly operate an audiovisual recording device in a facility in which a motion picture is being exhibited with the intent to record the motion picture when the person should have known that they were doing so without the consent of the owner of the facility.  A violation of this new section is a class 1 misdemeanor.

Go to
full text

CRIMINAL EXTRADITION EXPENSES 
(Rep. Huppenthal)

The state or political subdivision may recover actual expenses from a person incurred for extradition upon conviction for the crime that caused the person to be extradited.

Go to
full text

CIVIL LIABILITY IN ARSON CASES 
(Sen. Tibshraeny, et al)

A new section of law (A.R.S. §13-1707) states that a person convicted of an arson offense listed in A.R.S. Title 13, Chapter 17 may be held liable for costs associated with responding to or investigating the incident.  If the court orders the person to pay any amount pursuant to A.R.S. §13-1707, the court shall state the amount as a separate item in any final judgment, order or decree.  The public agency or entity that incurred emergency response or investigation expenses may collect the debt proportionally.

Go to
full text

IDENTITY T HEFT 
(Rep. Robson)

Among the various changes made to the laws governing identity theft, the definition of identity theft is expanded to include manufacturing, recording or transmitting any personal identifying information belonging to a real or fictitious person.  The crime of unlawful possession of a scanning device or re-encoder is expanded to include possession of various and sundry materials designed for use as or in a scanning device or re-encoder.  Further, prosecutors are now able to file a complaint alleging multiple violations of identity theft occurring in multiple counties if the specific charges have not been previously filed in any other county.

Go to
full text

VICTIM RIGHTS STATEMENT 
(Sen. Brotherton, et al)

A new section of law (A.R.S. §13-4438) is added, requiring judges of the superior court to read a victim rights statement at the daily commencement of the regular criminal docket.  The statement reads:

If you are the victim of a crime with a case pending before this court, you are advised that you have rights under Arizona law that, among others, include the right to be treated with fairness, respect and dignity, to a speedy trial, to be present at court proceedings, to choose whether or not to be interviewed by the defendant or the defendant’s attorney, to be heard before the court makes a decision on release, negotiation of a plea, scheduling and sentencing and to receive restitution from a person who is convicted of causing your loss.  If you have not already been provided with a written statement of all victims’ rights, please contact the victim services division of the prosecutor’s office.

Go to
full text

PROHIBITED POSSESSORS OF WEAPONS 
(Sen. Weiers, et al)

Go to
full text

SEX OFFENDER ASSESSMENTS 
(Rep. R. Pearce, et al)

The Department of Public Safety’s authority to charge sex offender monitoring fees is repealed.  In place of the monitoring fee, a new section of law (A.R.S. §13-119) is added that imposes a $250 assessment on persons convicted of any offense for which the person would be required to register as a sex offender pursuant to A.R.S. §13-3821.  In addition, persons who fail to comply with sex offender registration requirements are required to pay the $250 assessment.  The assessment may not be waived by the court and is not subject to any surcharge.

Go to
full text

IMPERSONATING A PEACE OFFICER 
(Sen. Tibshraeny, et al)

A new section of law (A.R.S. § 13-2411) makes the crime of impersonating a peace officer a class 6 felony.  A person commits the offense of impersonating a peace officer if the person, without lawful authority, pretends to be a peace officer and engages in any conduct with the intent to induce another to submit to the person’s pretend authority or to rely upon the person’s pretended acts.

Further, the measure adds impersonating a peace officer as an aggravating factor that the court must consider for the purposes of sentencing under A.R.S. §§ 13-710 and 13-702(A).

Go to
full text

DOG THEFT
 (Rep. Downing, et al)

 The theft classification statute (A.R.S. § 13-1802) is amended to include as a class 6 felony the crime of dog theft if the dog is stolen for the purpose dog fighting in violation of A.R.S. § 13-2910.01.  Theft of any other property valued at less than $250, including a dog stolen not for the purpose of dog fighting, remains a class one misdemeanor.

Go to
full text

CHILD BIGAMY
 (Sen. Jarrett et al)

 The crime of child bigamy is a class 3 felony pursuant to a new section of law (A.R.S. § 13-3609).  An adult commits child bigamy by either having a spouse and marrying a child, marrying a child who already has a spouse, or facilitating the marriage between an adult and a child if either the adult or child already has a spouse.

 A person does not commit child bigamy if the person marries a child and either 1) has a spouse who has been absent for at least five successive years without being known to the person within that time to be living or 2) has a former marriage that has been pronounced void, annulled or dissolved.

 “Child” is defined as a person under the age of 18 pursuant to the general rules of statutory construction located in A.R.S. § 1-215.

Go to
full text

COMMUNITY ACCOUNTABILITY PROGRAM
 (Rep. Konopnicki)

 The Community Accountability Pilot Program (Program) is established to reduce recidivism, among other goals, for nonviolent offenders who are either on or are eligible for community supervision.

 The Board of Executive Clemency may place an offender on electronic monitoring and order participation in the Program only if the offender has violated a condition of community supervision, but has not committed an additional offense.

Go to
full text

OBTAINING UTILITIES FRAUDULENTLY 
(Rep. Tully, Hubbs)

 It is now a class 6 felony to obtain utilities fraudulently pursuant to a new section of law (A.R.S. § 13-3723).  The statute specifies five acts that count as obtaining utilities fraudulently: 1) making a connection or reconnection to provide utility service without authorization; 2) preventing a utility meter from measuring utilities properly; 3) tampering with property owned by a utility service; 4) using, receiving or diverting utility services without authorization; and 5) diverting utility service by any means.

Go to
full text

DUI/OUI PENALTY 
(Rep. L. Gray)

 Numerous changes to the penalties for driving under the influence (DUI) and operating a motorized watercraft or aircraft under the influence (OUI) were made by the 46th Legislature in its second special session during December 2003.  See S.S. Laws 2003, Ch. 5.  Among the many changes made in that legislation, the prison construction and operations fund was established consisting of new and increased fines for DUI and OUI convictions. 

 This measure further amends the OUI statutes by adding an additional civil penalty of $500, not subject to surcharge, for refusing to submit to a blood, breath or urine test.  The additional civil penalty is mandatory pursuant to A.R.S. § 5-398.01 and shall be deposited in the prison construction and operations fund.

 In addition, a new section of law (A.R.S. § 5-398.02) states that within ten days of an OUI conviction, judgment or forfeiture of bail, the court is required to transmit to the Department of Transportation an abstract of the case containing identifying information of the offender and a description of the violation and penalty.

Go to
full text

FRAME REPLACEMENT; IDENTIFICATION NUMBERS
(Rep. Carpenter)

Allows a manufacturer to replace the frame of a vehicle with an attached vehicle identification number (VIN) without notifying the Arizona Department of Transportation (ADOT).

Previously, failure to report to ADOT any transfer of vehicle parts with a VIN attached was a class 2 misdemeanor.

Go to
full text

SEX OFFENDER COMMUNITY NOTIFICATION 
(Rep. Gullett, et al)

 Level two sex offenders are now subject to the same community notification requirements as level three sex offenders. 

 In addition, new appointees to the Community Notification Guidelines Committee include:  one member of the State House of Representatives and one member of the State Senate to serve as co-chairs, one representative of the public defender’s office recommended by a public defenders association and appointed by the Speaker of the House, one advocate or community service provider appointed by the President of the Senate, and two public members, one of whom appointed by the President of the Senate and one of whom is appointed by the Speaker of the House.  The committee is charged with recommending changes to statutes, rules and procedures to improve the uniform and consistent statewide application of community notification guidelines and submit findings to the governor, president of the senate and speaker of the house before December 15, 2004 .

 See Ch. 142 (HB 2452) for other changes made to the laws governing sex offender registration.

Go to
 full text

MONEY LAUNDERING
 (Rep. Reagan)

 The definition of “racketeering” (under A.R.S. § 13-2317) is expanded only for purposes of allowing the attorney general to initiate a racketeering action against persons who acquire more than $5,000 in one month through conduct that violates the federal Immigration and Nationality Act. 

Go to
full text

PRE-MEGAN’S LAW NOTIFICATION 
(Sen. Martin)

 Community notification requirements are extended to sex offenders who were convicted prior to June 1, 1996 .  The notification requirements were first enacted into law in Arizona in 1996 under the assumption that a retroactive application would be found unconstitutional by the courts.  Since that time, the  United States Supreme Court held that retroactive application of sex offender notification requirements does not violate the ex post fact clause of the U.S. Constitution.  Smith v Doe 538 U.S. 84 (2003)

 The Community Notification Guidelines Committee is charged with developing new guidelines on how and whether or not to apply notification requirements to pre 1996 offenders.

Go to
full text

TOBACCO DELIVERY SALES 
(Sen. Leff)

 Requirements for delivery sales of tobacco are established including age verification of the recipient, shipping requirements, registration and reporting requirements, and taxes imposed on the delivery sales. Violations of the statute are classified as a class 5 felony with additional civil penalties unless committed by a minor. 

Go to
full text

CROSS BURNING 
(Rep. Landrum Taylor)

 Persons burning or causing to burn a cross or symbol on another’s property without that person’s consent or on a highway or public place with the intent to intimidate any person or persons are guilty of a class 1 misdemeanor. Intent must be proven by evidence independent from the burning of the cross or symbol.

Description

Go to
full text

HEALTHY FAMILIES PROGRAM 
(Sen. Anderson, et al)

 The Healthy Families Program is extended to serve pregnant women and their families as well as persons with substantiated child abuse or neglect reports.  Pursuant to A.R.S. § 8-824, participation of a parent or guardian in the Healthy Families Program may be found by the court as a mitigating factor at a preliminary protective hearing to review the taking into temporary custody of a child.

Go to
full text

DOMESTIC VIOLENCE DIVERSION 
(Rep. Tully, et al)

Two subsections of A.R.S. §13-3601 are repealed, thereby eliminating the authority of the court to defer proceedings and place persons after conviction of a domestic violence offense on probation or intense probation. Prior to the passage of this law, the court discharged the defendant and dismissed the charges after successful completion of the ordered probation.

Go to
full text

TAXPAYER INFORMATION FOR CHILD SUPPORT 
(Rep. Tully)

For the purposes of child support and spousal maintenance only, the Department of Revenue (DOR) shall provide the court or the clerk of the court the home address of a taxpayer whose debt for overdue support is referred for setoff.  Currently, the DOR is only required to provide such information to the Department of Economic Security.

Go to
full text

CHILD WELFARE AND PLACEMENT 
(Sen. Garcia)

Minors who are in the custody of a tribal welfare agency may participate in the Independent Living Program.  In addition, minors in the custody of a licensed child welfare agency or a tribal child welfare agency are now eligible to participate in the Transitional Independent Living Program.

Go to
full text

CHILD SUPPORT OVERPAYMENTS 
(Sen. Waring, Brotherton)

A new section of law (A.R.S. §25-527) is created, allowing an obligor to receive reimbursement for child support overpayments if 1) the obligation to pay child support has terminated, 2) the obligor files for reimbursement with the clerk of the superior court within 24 months after the obligation terminates, and 3) all arrearages and interest on arrearages have been satisfied.

The judgment for reimbursement is enforceable only in the same manner as a civil judgment and the obligee is directed to pay the obligor directly.

Go to
full text

GREAT-GRANDPARENT ADOPTION 
(Rep. Landrum Taylor)

Great-grandparents are now exempt from the requirement to obtain a preadoption certification prior to filing a petition to adopt a great-grandchild.  Previous law granted exemptions from the preadoption certification requirement only to a spouse of the birth parent, uncle, aunt, adult sibling or grandparent. 

Go to
full text

GUARDIANSHIP OF FOREIGN CITIZENS 
(Sen. Jarrett)

The court may now appoint an adult as the guardian of a foreign citizen if all of the following five conditions are true: 1) the foreign citizen is younger than twenty-five; 2) the foreign citizen has a temporary visa; 3) the adult agrees to sponsor the foreign citizen in obtaining permanent resident alien status; 4) the foreign citizen’s parent, on behalf of the foreign citizen, filed a petition for permanent resident alien status and that parent is now deceased; and 5) the foreign citizen was younger than eighteen when the petition for permanent resident alien status was filed.

Go to
full text

INTERSTATE FAMILY SUPPORT ACT 
(Sen. Waring, Brotherton)

The Uniform Interstate Family Support Act (Act) in A.R.S. Title 25, chapter 5, article 4 is amended and relocated to A.R.S. Title 25, chapter 9.  The changes made to the Act reflect recommendations by the National Conference of Commissioners on Uniform State Laws. 

Go to
full text

CHILD BIGAMY 
(Sen. Jarrett, et al)

The crime of child bigamy is a class 3 felony pursuant to a new section of law (A.R.S. § 13-3609).  An adult commits child bigamy by either having a spouse and marrying a child, marrying a child who already has a spouse, or facilitating the marriage between an adult and a child if either the adult or child already has a spouse.

A person does not commit child bigamy if the person marries a child and either 1) has a spouse who has been absent for at least five successive years without being known to the person within that time to be living or 2) has a former marriage that has been pronounced void, annulled or dissolved.

“Child” is defined as a person under the age of 18 pursuant to the general rules of statutory construction located in A.R.S. § 1-215.

Go to
full text

RETROACTIVE CHILD SUPPORT 
(Sen. Brotherton, et al)

The court is given authority to order up to three years of retroactive child support if the parties lived apart before filing for divorce, legal separation, maintenance or child support.  Before ordering retroactive payments, the court must first consider all relevant circumstances.  If the court determines that child support is appropriate, the court shall direct a retroactive application of the child support guidelines, taking into account any amount of temporary or voluntary support that has already been paid.

Go to
full text

SEPARATE PROPERTY 
(Rep. Reagan, Thompson)

If a spouse purchases real property after a petition is filed for dissolution of marriage, legal separation or annulment, the property remains separate even if the petition does not result in a decree of dissolution of marriage, legal separation or annulment.

Go to
full text

UNEMPLOYMENT BENEFITS 
(Rep. Hanson, et al)

The Department of Economic Security shall not disqualify a person from receiving unemployment benefits if the person is a victim of domestic violence and is separated from employment due to a documented case of domestic violence as defined in A.R.S. §§13-3901 or 13-3602.

Go to
full text

SPECIAL EDUCATION; FOSTER PARENT DEFINITION

(Rep. Allen et al)

Go to
full text

DISSOLUTION OF MARRIAGE; MISCONDUCT 
(Rep. Johnson et al)

In determining dissolution of marriage and maintenance orders, the court may consider criminal convictions of either spouse when the victim is the other spouse or child.

Unless the court finds that there is no significant risk and states as such in writing, the court shall not grant a person sole or joint physical custody of a child to a registered sex offender or a parent of convicted of killing the other parent. When considering custody, the court may take into account evidence and testimony that the parent convicted of killing the other parent suffered from abuse by the murdered parent. 

Two more senators and two more representatives are added to the Domestic Relations Committee. The committee shall develop minimum training standards for persons conducting a court ordered investigation and report concerning the custodial arrangements.

As of July 1, 2006 , persons conducting the report must meet new training requirements, unless the person is a physician pursuant to title 32.

Go to
full text

RIGHT OF TAX APPEAL
(Sen. Leff)

A taxpayer who files an application for amnesty retains all administrative and judicial rights of appeal with respect to any additional tax assessed in a subsequent audit by the Department of Revenue.  Previous law stated that an application for amnesty constituted waiver of all rights to appeal.

Go to
full text

BURDEN OF PROOF IN TAX DISPUTES 
(Sen. Martin)

The Department of Revenue is now responsible for meeting the burden of proof in administrative, as well as judicial proceedings, regarding any factual issue that is relevant to ascertaining the tax liability of a taxpayer.  Previously, the DOR had to meet the burden of proof in judicial proceedings, but the taxpayer was required to meet the burden in administrative proceedings.  The level of proof remains at preponderance of the evidence.

Chapter
295
HB 2258

Go to
full text

TAX COURT APPEALS 
(Rep. Huffman, et al)

Go to
full text

IGNITION INTERLOCK DEVICES 
(Rep. L. Gray)

The ignition interlock device (IID) requirements will now begin on the latter of either reinstatement of the person’s driving privilege or when the Arizona Department of Transportation (ADOT) receives the conviction report.  In addition, the measure requires that the person provide proof to ADOT within 30 days that the IID has been properly installed. Failure to comply with the requirements results in suspension of the person’s driving privileges until proof is provided.

Go to
full text

TOWED VEHICLES 
(Rep. G. Pierce)

There is now a presumption that a towing company is not responsible for loss of personal property in or damage to a vehicle if the owner waives the right to inspect the vehicle or remove personal property before the vehicle is moved to a different location.  The presumption may be overcome by a preponderance of evidence to the contrary.

Go to
full text

DUI/OUI PENALTY 
(Rep. L. Gray)

Numerous changes to the penalties for driving under the influence (DUI) and operating a motorized watercraft or aircraft under the influence (OUI) were made by the 46^th Legislature in its second special session during December 2003.  See S.S. Laws 2003, Ch. 5.  Among the many changes made in that legislation, the prison construction and operations fund was established consisting of new and increased fines for DUI and OUI convictions. 

This measure further amends the OUI statutes by adding an additional civil penalty of $500, not subject to surcharge, for refusing to submit to a blood, breath or urine test.  The additional civil penalty is mandatory pursuant to A.R.S. § 5-398.01 and shall be deposited in the prison construction and operations fund.

In addition, a new section of law (A.R.S. § 5-398.02) states that within ten days of an OUI conviction, judgment or forfeiture of bail, the court is required to transmit to the Department of Transportation an abstract of the case containing identifying information of the offender and a description of the violation and penalty.

Go to
full text

FRAME REPLACEMENT; IDENTIFICATION NUMBERS

(Rep. Carpenter)

Allows a manufacturer to replace the frame of a vehicle with an attached vehicle identification number (VIN) without notifying the Arizona Department of Transportation (ADOT).

Previously, failure to report to ADOT any transfer of vehicle parts with a VIN attached was a class 2 misdemeanor.

Go to
full text

TRAFFIC REGULATION 
(Sen. Bee)

Pursuant to A.R.S. §28-649 it is now a class 1 misdemeanor to possess a traffic preemption emitter that is capable of changing the display of any traffic control device used to control the movement of vehicles, bicycles or pedestrians. 

The following three civil traffic violations are added to the list of violations for which a person is subject up to a $500 fine if the violation causes serious physical injury or a mandatory $1,000 fine if the violation causes death:

1) § 28-792  Failure to yield the right-of-way at a crosswalk;

2) § 28-794  Failure to exercise due care to avoid a collision; and

3) § 28-797(E) or (G) Speeding in a school crosswalk zone or failing to stop for children in a school crosswalk zone.

Go to
full text

IMPOUNDED VEHICLES 
(Rep. G. Pierce)

The maximum storage charges allowable under A.R.S. § 28-3512 for impounded vehicles is increased from $10 to $15 for each day of storage.

Go to
full text

COMMERCIAL DRIVERS LICENSE REGULATIONS 
(Rep. Pierce)

The Department of Transportation shall require a United States Department of transportation number, a federal taxpayer identification number and the name of the party responsible for ensuring the vehicle meets the state and federal motor carrier safety laws and regulations, in order to issue a registration card to a commercial vehicle.  

Applicants for a hazardous materials endorsement on a class A, B or C license must submit fingerprints and may be subject to a background check by the Department of Transportation. Applicants for a school bus endorsement on a class A, B or C license shall complete a written and driving skills test. Applicants for a commercial driver license endorsement shall complete the driving skills portion of the exam in a vehicle applicable to the endorsement.

After June 30, 2005 , commercial driver licenses and class A, B and C licenses shall be renewed every five years.

The Department shall disqualify a commercial driver licensee for at least one year if the driver commits the crime of driving under the influence (DUI) and permanently disqualify those who refuse a DUI test on more than one occasion, commit a DUI more than once, or operate a noncommercial motor vehicle in the commission of a felony more than once. If it is determined by a federal agency that the licensee is driving in a manner that constitutes an imminent hazard, the driver shall be disqualified for no more than a year. 

The Department shall keep records of the traffic violations committed by commercial driver licensees. Attendance to the defensive driving school will not dismiss the convictions of violations though defensive driving school may be ordered by the court as an element of sentencing. Licensees shall be disqualified for sixty to one-hundred-twenty days if certain violations are committed within a three year period.