Arizona Judicial Branch

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BUDGET RECONCILIATION; SUPPLEMENTAL APPROPRIATIONS

Sen. Burns, et al

Makes several appropriations from the state general fund and other funds for FY 2004-2005. Reduces to the prisons and operations fund by $4,000,000. This is accompanied by a $4,000,000 appropriation to the Arizona Department of Corrections for operating expenses needed by a DUI assessment shortfall.

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COUNTY PRECINCT OFFICERS; SALARIES

Rep. Nelson, et al

Changes the following annual salaries of constables who serve in precincts with an average case load of more than one hundred total civil cases.  The salary shall:

·         Not exceed $23,500 with fewer than 10,000 registered voters.

·         Be between $29,000 and $36,000 for precincts with more than 10,000 but less than 12,000 registered voters.

·         Be between $36,100 and $45,800 for precincts with more than 12,000 but less than 16,000 registered voters.  

·         Remain the same at a minimum of $48,200 for precincts with 16,000 or more registered voters.     

Statutes Affected:  11-424.01

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FEDERAL PEACE OFFICERS; CROSS CERTIFICATION

Sen. Huppenthal, et al

Simplifies the statute permitting federal peace officers to be cross-certified as state officers.  Federal peace officers employed by an agency of the United States who submit a certification request to a sheriff, have completed the agency's training curriculum, and are authorized by federal law to engage in law enforcement activities may be cross-certified on a county-by-county basis by the sheriff.  Cross-certification is in effect for one year.

Statutes Affected:  13-3875

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RECORDS ACCESS; VICTIMS OF VIOLENCE

Sen. Waring

In Maricopa and Pima counties, (in all counties effective, July 1, 2006 pursuant Chapter 243) victims of domestic violence or stalking and persons under orders of protection or injunctions against harassment are added to the list of persons who may request the general public be prohibited from accessing identifier information contained in recorded instruments maintained by the County Assessor, Recorder and County Treasurer.  These same persons, as well as those residing with the person, are added to the list of people who may request their personal voter information be kept from the public. 

All redactions are at the discretion of the presiding judge and are effective for five years. Note, confidentiality of personal voter information currently applies statewide.

“Stalking” and “Victim of domestic violence” are defined. Procedures to apply for redaction are included in statute.

Statutes Affected:  11-483; 11-484; 16-153

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CONCEALED WEAPONS; COUNTY DETENTION OFFICERS

Sen. Johnson, et al

An active duty county detention officer who has been weapons certified by the Sheriff's Office does not need to complete an otherwise required firearms safety training program to obtain a permit to carry a concealed weapon.

Statutes Affected:  13-3112

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AUDIT REQUIREMENTS; COUNTY JAIL DISTRICTS

Sen. Huppenthal, Sen. Bennett

The County Jail Fund may be audited either by a certified public accountant or in conjunction with the annual county audit. Previously this audit was required to be performed independent of the county audit.

Statutes Affected:  48-4025

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DOMESTIC VIOLENCE FATALITY REVIEW TEAMS

Sen. Waring

Authorizes a political subdivision to establish a domestic violence fatality review team to examine incidents of domestic violence-related fatalities in order to understand better the dynamics of these fatalities. The review team reports its findings and recommendations as to how incidents of domestic violence related fatalities may be prevented and how the system can be improved to the Office of the Attorney General. The makeup of the review team is specified in the law and, among other members, specifies that one of the members must be a representative from a county or municipal court.

Statutes Affected:  41-198

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COLD CASE FILE TASK FORCE

Sen. Huppenthal, et al

Establishes the Cold Case File Task Force. The task force is required to review procedures used by law enforcement agencies in investigating and preserving cold case homicides and recent homicides and to take testimony from members of victim’s families and the public. The task force will submit a report by December 31, 2007 that details its findings, recommendations, and research data to the Speaker, President, and Governor. The composition of the task force is specified in the law.

Repealed October 1, 2008 .

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SUPERIOR COURT CLERKS SALARY

Rep. Nelson

Increases the salary of the Clerk of the Superior Court, effective January 2007. $76,000 per year in counties with a population of 500,000 or greater, and $63,000 per year in counties with a population of less than 500,000. 

Statutes Affected:  12-281

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INMATES; COMMUNITY ACCOUNTABILITY PILOT PROGRAMS

Rep. Konopnicki

The entity contracted with the Department of Corrections to provide services to inmates eligible for the Community Accountability Pilot Program shall not provide housing, but may provide guidance in obtaining housing. The Department, however, is not prohibited from offering housing to eligible inmates.

Statutes Affected:  41-1609.05

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CONCEALED WEAPONS CERTIFICATION

Rep. Murphy

Allows DPS to issue certificates of firearms proficiency according to the Arizona Peace Officer Standards and Training Board firearms qualification in accordance with the Law Enforcement Officers Safety Act of 2004 (authorizes a qualified law enforcement officer or retired officer with specific identification to carry a concealed weapon notwithstanding any state law).  DPS must adopt rules.

Statutes Affected:  13-3112

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STATE LIBRARY; RECOVERY OF COSTS

Rep. Robson

Requires state officers, boards, commissions and agencies to deliver enough of their annual reports to satisfy requirements of the Department of Library, Archives and Public Records. An agency must pay the department a fee, to be set by the department, to cover the cost if the agency refuses to deliver a report and the department incurs expense in obtaining the copies it needs. Agencies are required to notify the department if its reports are posted on the internet.

Statutes Affected:  35-103; 41-1335; 41-1338; 41-1345

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SCHOOL POLICIES; PUPILS; BULLYING

Rep. Downing, et al

Requires school district governing boards to adopt and enforce procedures that prohibit the harassment, bullying and intimidation of pupils. Allows for, among other things, confidential reports of incidents, procedures to submit written reports, reporting requirements of employees, and consequences for false reporting.  Provides civil immunity for district employees who follow adopted policies and procedures.

Statutes Affected:  15-341

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SCHOOLS; CRIME REPORTS; PUPIL INTERVIEWS

Sen. Gray, et al

Added discretionary powers of school governing board include adopting guidelines to standardize school report cards which contain crime reports; guidelines for parental notification when law enforcement interviews pupils, and when parents may be present, with reasonable exceptions.

Statutes Affected:  15-342; 15-746

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VICTIM COMPENSATION FUND; SUBROGATION

Sen. Huppenthal, et al

Allows the State of Arizona or a qualified program to be substituted to the rights of an individual who receives monies from the Victim Compensation and Assistance Fund to recover or receive monies or benefits from a third party, to the extent of the amount of money the individual receives from the Fund.

Statutes Affected:  41-2407

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FINGERPRINTING; UNIVERSITY SECURITY PERSONNEL

Sen. Bee

Requires universities to submit a full set of fingerprints in order to obtain criminal background checks for finalists in security or safety-sensitive positions. Restricts the universities’ use of the information to evaluation of employment only, and allows the information to be shared with the other universities. A university relying on information in making employment decisions obtained as a result of the fingerprinting is immune from civil liability unless the information obtained is false and the university knows it is false or the university acts with reckless disregard of the information’s truth or falsity.

Statutes Affected:  15-1649

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ELECTIVE OFFICES; TEMPORARY MILITARY VACANCIES

Sen. Tibshraeny, et al

If a state or local elected officer, other than the governor, is ordered to active military duty projected to last at least 3 months but less than the term of office, a temporary replacement may be appointed. The replacement shall be chosen according to the same statutes that govern a permanent replacement.

Statutes Affected:  38-297; 38-300

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COMMUNITY COLLEGES; ELECTIONS; POLITICAL INFLUENCES

Sen. Gray

Prohibits a person acting on behalf of a community college or university from using college and university personnel, equipment, materials, buildings, or resources to influence the outcome of elections, except for information on bond elections. The Attorney General’s Office shall distribute guidelines to comply with this section. Colleges or universities may request legal opinions regarding compliance.  The Attorney General or County Attorney may collect civil penalties from those who violate this section.

Statutes Affected:  15-1408; 15-1633

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CONCEALED WEAPONS PERMIT; LIFETIME ISSUANCE

Rep. Gray, et al

A permit to carry a concealed weapon is now valid for 5 years instead of 4 years and is renewable every 5 years.  The person must be fingerprinted for the original and first renewal.  A member of the Armed Services who was on active duty and deployed overseas when the permit expired will have 90 days to renew the permit once their deployment is complete. The required firearms safety course is reduced from 16 to 8 hours and the refresher course is reduced from 4 hours to two.

If a person charged with Failing to present a permit for inspection presents a permit valid at the time of violation to the court, the charge must be dismissed.

Statutes Affected:  13-3112

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COUNTY RECORDS ; REDACTING RESIDENTIAL INFORMATION

Rep. Alvarez, et al

Enables certain statewide criminal justice personnel to prohibit the public from accessing that person’s information through the County Treasurer , County Assessor and County Recorder . This includes judges and peace officers, prosecutors and public defenders. Expands current application from just Maricopa and Pima County .

Delayed effective date; effective June 30, 2006 .

Statutes Affected:  11-484

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FINGERPRINTING DATA; CLEARANCE CARD

Rep. Konopnicki

Requires DES employees who have contact with children or vulnerable adults, persons who are adopting children, adult and child developmental foster home licensees, and foster parents to submit a fingerprint clearance card. Provides retroactive application after March 31, 2005 to allow DES to begin processing fingerprint cards.

Statutes Affected:  8-105; 8-509; 36-594.02; 41-619.51; 41-619.54; 41-1758; 41-1758.01; 41-1968; 46-141

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STATE EMPLOYEES; MILITARY DIFFERENTIAL PAY

Sen. Bee, et al

Provides a supplemental salary to state employees who are ordered to active military service during a state of emergency at a rate equal to the state salary minus the military salary. All paid military leave must be exhausted before a person is eligible to receive supplemental state pay. An employee receiving a supplemental salary cannot accrue annual leave or sick leave during the period of active duty. Allows an employee to receive supplemental salary continuously during active duty. Sets forth procedures for the employee to follow and requires DOA to establish procedures for employees to receive supplemental pay.

Retroactive date of June 30^th, 2004 .

Statutes Affected:   38-610.01

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GENERAL APPROPRIATIONS; BUDGET

Sen. Burns, et  al

General appropriations bill to fund state agencies for fiscal year 2005-2006. The bill includes a 12.5 per cent salary increase for Supreme Court justices and Court of Appeals and Superior Court judges effective January 1, 2007 .  Justice of the Peace salaries will increase, as they are tied to Superior Court judge salaries pursuant to A.R.S. §22-125.

State employees, with the exception of judges, receive a 1.7% salary increase to cover the increase in the ASRS retirement contribution, effective July 2, 2005 .

The state will also cover the increase in contributions for the Elected Official Retirement Plan (EORP) and for state employee medical costs, effective July 2, 2005 .

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FIRST RESPONDERS; BUILDING INFORMATION SYSTEM

Rep. McComish, et al

The state Office of Homeland Security is required to develop a computer-based program using first responder information technology regarding details of a building, including floor and site plans, fire protection information, tactical and disaster preplans, utility information and known hazards.

State agencies and local governments shall make efforts to ensure that the statewide system is interoperable with other first responder public building information systems allowed by law.

The act becomes effective only if the Department of Public Safety receives direct federal funding earmarked for the critical infrastructure information system by Dec. 31, 2006 .

Statutes Affected:  26-371; 26-372; 26-373; 26-374

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CRIMINAL JUSTICE; BUDGET

Rep. Pearce, et al

Many provisions related to the justice system.

·         Suspends adult probation ratios for Maricopa County in FY 2006.  

·         Continues the intent of the Legis lature in that Maricopa County is to pay for its adult probation programs in FY 2006 including standard, intensive, interstate compact and community punishment.  It is not the intent of the Legis lature that the Administrative Office of the Courts ( AOC ) not allocate monies to Maricopa County for other probation programs or support services it provides for adult probation.

·         Prohibits the AOC from allocating any monies appropriated for adult probation to Maricopa County , except monies allocated for juvenile probation programs. This provision was contained in the FY 2004 and 2005 budget (Laws 2003, Ch. 263, § 83).

·         Requires the Maricopa County Board of Supervisors (Board) to provide administrative oversight and establish program standards for adult probation programs in Maricopa County . 

·         Requires the Maricopa County Adult Probation Department to prepare and submit a monthly performance report to the JLBC and the Board. This provision was contained in the FY 2004 and 2005 budget (Laws 2003, Ch. 263, § 83).

·         Requires Maricopa County to provide the level of funding necessary to maintain the caseload capacity that existed as of December 1, 2002 .  This provision was contained in the FY 2004 and 2005 budget (Laws 2003, Ch. 263, § 83).

·         ­Allows Maricopa County to retain any monies collected by the County (interpreted to mean the political subdivision, county courts, not the municipal courts within the county) from the $5 probation surcharge assessed pursuant to A.R.S. §12-114.01 on civil and criminal traffic violations.

·         ­Establishes the Attorney General Legal Services Cost Allocation Fund (AGLSCA Fund) for the purpose of reimbursing the Department of Law for general agency counsel. Monies in the fund are subject to Legis lative appropriation. The AG shall administer the AGLSCA Fund. Requires all agency-appropriated and non-appropriated funds to contribute a pro-rata share of the general agency counsel services provided by the Department of Law, beginning on July 1, 2006 .  The pro-rata share is payable by payroll fund source, 0.33% of the total payroll.  Includes a list of exempted agencies.  This section is effective July 1, 2006 .

·         Requires the presiding judge of the Superior Court to additionally coordinate with an elected Justice of the Peace and submit a plan to the Supreme Court detailing how monies allocated to the county from the State Aid to the Courts Fund shall be used.  It also requires an elected justice of the peace to sign the plan.

·         ­Requires Pima County to quarterly reimburse the AOC for adult and juvenile probation costs in FY 2006.  The total amount of reimbursement is $1,381,900.  Once the monies are received by the AOC , it shall deposit them into the General Fund.

·         ­Directs 9% of the Criminal Justice Enhancement Fund distribution from the General Fund to the Crime Laboratory Assessment Fund. These monies are for use by the Department of Public Safety and are exempt from distribution to political subdivisions. Monies in the Crime Laboratory Assessment Fund (A.R.S. § 41-2415) may be used to provide enhanced crime lab services, purchase and maintain scientific equipment for crime lab use and for education and training forensic scientists employed in crime labs.

·         Overrides A.R.S. §22-117 in FY 2006. The state is required to pay 38.5% and the county 61.5% of the compensation and employee related expenditures for Justices of the Peace. The bill requires the county to pay the full amount of employer contribution to the Arizona State Retirement System or any county health plan. A.R.S. § 22-117 requires the state to pay 40% and the county 60% of the compensation and employee related expenditures.

Statutes Affected:  12-102.02; 13-901.02; 31-286; 41-191.09; 41-1641; 42-3104; 42-3106

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PRECURSOR CHEMICALS; DANGEROUS DRUGS; BAIL

Sen. Leff, et al.

    A new crime is established, A.R.S. §13-3407.01, Manufacturing methamphetamine under        circumstances that cause physical injury to a minor. The offense is a Class 2 Felony, the        minor must be under 15 years of age and the offense is punishable as a dangerous crime        against children.

 Possession of methamphetamine for sale, possession of equipment or chemicals to manufacture methamphetamine, manufacturing methamphetamine and trafficking in methamphetamine (sale, import, offer to sell etc) carries its own sentencing provisions, A.R.S. §13-712. For the first offense, the range is 5-10-15 years, for second or subsequent offense the range is 10-15-20 years. The defendant is not eligible for probation.

In setting bail the court must consider if the person committed one of the above named offenses.

Products in which pseudoepherine is the single active ingredient must be kept behind a store counter or in a locked facility inaccessible to customers without the assistance of an employee. This does not apply to liquid, liquid capsule or gel capsule form of the product. Places restrictions on purchasing pseudoepherine, norpseudoepherine, phenylpropanolamine and ephedrine.

Permits a county or city to remediate a property contaminated by methamphetamine if the owner does not. The cost is passed on to the owner in the form of a property lien.

Provides authority for DHS to accept and spend grant monies for methamphetamine education. The monies can only be disbursed to local prosecutorial or law enforcement agencies with existing programs, faith based organizations and non profit entities providing services to women with a history of dual diagnosis disorders that provide educational programs on the repercussions of methamphetamine use.

Statutes Affected:  13-604.01; 13-712; 13-3404.01; 13-3407; 13-3967