Arizona Judicial Branch

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CHAPTER 46  

SB 1051

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VICTIMS' RIGHTS; CLEANUP

Sen. Huppenthal

Repeals one of two versions of A.R.S. §8-241 and A.R.S. §13-4402.01 that were double enacted in 2005 regarding victims' rights.  The other versions remain in statute.  No substantive change.

Statutes Affected:  8-421; 13-4402.01

SB 1126

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 VICTIM'S RIGHT TO REFUSE INTERVIEW

Sen. Huppenthal

Extends the right of a victim to refuse to submit to an interview with the defendant or defendant's attorney to include the parent or legal guardian of a minor child who exercises victims' rights on behalf of the child.

Statutes Affected:  8-382; 8-412; 13-4401; 13-4433

SB 1305

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CAPITAL DEFENDANTS; MENTAL EVALUATIONS

Sen. Huppenthal

Allows the defendant in a capital case to object to the prescreening that determines the defendant's intelligence quotient.  By objecting to prescreening the defendant waives the right to a pretrial determination of mental retardation status.  This waiver does not preclude the defendant from offering evidence of mental retardation in the penalty phase.  Expands those authorized to determine if a defendant has mental retardation to include certain physicians as well as psychologists with at least five years experience in testing or testing assessment, evaluation and diagnosis of mental retardation, defined in statute as an 'expert in mental retardation.'

SB 1027

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VEHICLE THEFT; CHOP SHOPS

Sen. Jarrett

The definition of vehicle is expanded to include a device that could have been transported or drawn upon a highway, waterway or airway.  Classifies theft of any vehicle engine of transmission as a Class 4 felony regardless of value.  Expands the crime of conducting a chop shop to include a violation of buying, selling, transferring or possessing a motor vehicle or a motor vehicle part knowing that the identification number that was placed on the motor vehicle or motor vehicle part by the manufacturer has been remove, altered or destroyed.

Statutes Affected:  13-105; 13-1802; 13-4702

SB 1093

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BLANK SUBPOENAS; VICTIMS; NOTICE

Sen. Huppenthal

Prohibits blank subpoenas from being issued to procure discovery in a criminal case including the records of a victim.  Records relating to recovered or disassociated memories may be subject to subpoena only if the state seeks to introduce evidence of the victim's recovered or disassociated memory, the records are not otherwise privileged, and the court approves the subpoena after a hearing.

The victim must be given notice and the right to be heard at a proceeding in which the victim's records are requested from a third party.

Statute Affected:  13-4071

SB 1128

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JUVENILE; COMPETENCY

Sen. Tibshraeny

A juvenile may not be found incompetent based solely on age.

Statute Affected:  8-291

SB 1176

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VICTIMS' RIGHTS; FAILURE TO COMPLY

Sen. Huppenthal

A victim has a right to request a re-examination hearing within ten days of the proceeding at which the victim's constitutional or statutory right was not complied with or for good cause shown in order to consider issues raised by the denial of a victim's rights in a criminal case.  If the victim was not voluntarily absent from the proceeding and asserted the right to be heard and was denied the right or if the accused has not pled to the highest offense charged the victim may make a motion to reopen any proceeding, excluding sentencing, except a trial. 

Statute Affected:  13-4436

CHAPTER 104 

HB 2083

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HIT AND RUN; MITIGATING; AGGRAVATING

Rep. Konopnicki

Adds commission of leaving the scene of an accident to the list of aggravating factors in sentencing and adds compliance with hit-and-run statutes to the list of mitigating factors in sentencing.

Statute Affected: 13-702

HB 2376

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INDECENT EXPOSURE; BREAST-FEEDING

Rep. Paton, Sen. Bee

Excludes breast-feeding an infant from the crime of indecent exposure.  Adds an accommodation for a mother to breast-feed in public when the mother is otherwise lawfully present.

 Statutes Affected:  13-1402; 13-3821; 41-1443

SB 1039

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VOYEURISM; SURREPTITIOUS VIEWING

Sen. Waring

Establishes the crime of voyeurism, a Class 5 felony, as either the knowing invasion of another person's privacy for the purposes of sexual stimulation without that person's knowledge or the disclosure, display, distribution or publication of a photograph, videotape, film or digital recording without the consent or knowledge of the person depicted.  It is a Class 4 felony if the depicted person is recognizable.  Expands the definition of 'surreptitious viewing' to include violations committed in a manner that captures or allows the viewing genitalia, buttocks or female breast, clothed or unclothed, that is not otherwise viewable by the public.  The law now includes individuals committing a violation without the use of a device.  If a device is not utilized, the charge is a Class 6 felony, and a second or subsequent violation is a Class 5 felony.  Photographs, videotape, film or digital recording used for security purposes are exempt so long as notice of a camera is clearly posted if the location is one in which the person has a reasonable expectation of privacy.  Exceptions for security purposes include correctional facilities for purposes of an investigation of alleged misconduct, by law enforcement officers pursuant to a lawful investigation, or the use of a child monitoring device as defined in statute.

 Statutes Affected:  13-1424; 13-3019

SB 1048

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SERIOUS DRUG OFFENSES; DEFINITION

Sen. Huppenthal

Expands the definition of 'serious drug offense' to include any attempt or conspiracy to commit a violation of listed offenses.

 Statute Affected:  13-3410

SB 1050

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PRIOR CONVICTIONS AND ADMISSIONS; SENTENCING

Sen. Huppenthal

The aggravating circumstance of a prior conviction is to found by the court instead of the trier of fact.

 Statutes Affected:  13-702; 13-702.01

SB 1052

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VICTIM COMPENSATION AND ASSISTANCE FUND

Sen. Huppenthal

A person who suffered a personal injury or death that resulted from an attempt to aid a public safety officer may be eligible for compensation from the Victim Compensation and Assistance Fund.  The Arizona Criminal Justice Commission must establish rules that provide for eligibility of compensation from the fund.

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 Statute Affected:  41-2407

SB 1116

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COMPETENCY; SEALED REPORTS; EXCEPTIONS

Sen. Huppenthal

Expands the list of individuals for whom competency reports may be opened for use to include a treatment provider responsible for assessing and treating the defendant and the probation department or ADJC for assessment, supervision, or monitoring of the defendant.  Reports may only be opened after plea, trial, or finding of a defendant not restorable.

 Statutes Affected: 8-291.06; 13-4508

SB 1230

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SEX OFFENDERS; ADDRESS VERIFICATION

Sen. Huppenthal

Requires the Motor Vehicle Division annually update the addresses of sex offenders and provide daily address updates to DPS.

Requires that the sheriff secure a sufficient sample of blood or other bodily substance for testing and submit the sample to DPS if the person registering was convicted of a sex offense in another jurisdiction.  Failure to register is reclassified form a Class 1 misdemeanor to a Class 6 felony.

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 Statutes Affected:  13-3821; 13-3822; 13-3824

SB 1328

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YOUTHFUL SEX OFFENDERS; STUDY COMMITTEE

Sen. Johnson

Establishes a Joint Legislative Committee on Youthful Sex Offenders.  Charge and membership of the committee are defined in statute.  Repealed October 1, 2007.

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 Statutes Affected:  Session Law

SB 1386

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CRIME VICTIMS; FREE POLICE REPORTS

Sen. Tibshraeny

A person or an immediate family member of a person who is killed or incapacitated as a victim of a Part I crime has the right to receive a free copy of the police report form the investigating agency.

 Statutes Affected: 39-121.01; 39-127

SB 1444

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SENTENCING; THIRD FELONY OFFENSES

Sen. Verschoor

Requires a life sentence for a 3rd violent or aggravated offense (defined).  Prior convictions must have occurred within 15 years of the current offense and sentencing for each felony convictions must have been imposed before the new crime is committed.

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 Statutes Affected:  13-101.01; 13-713

SB 1053

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PROBATION; EXTENSION

Sen. Huppenthal

Allows inmates sentenced with a probation tail to be eligible for temporary early release to probation, up to 90 days, for purposes preparatory to the return to the community, if community supervision is waived.  The bill is prospective only and the 90 days would be added to the probation term.

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 Statutes Affected:  13-901; 31-233

SB 1229

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SEX OFFENDER REGISTRATION; HOMELESS OFFENDERS

Sen. Huppenthal

Requires a person who does not have an address or permanent place of residence to register with the sheriff of the county where the person is physically present not less than every 90 days.

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 Statutes Affected:  13-3821; 13-3822

SB 1471

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SEX OFFENDER TREATMENT; PRIVILEGED COMMUNICATIONS

Sen. Huppenthal

Sex offender privileged communication provisions do not apply if there is a reasonable belief the person has committed a new violation of Title 13, Chapter 14 or 35.1 during the course of treatment.  A treatment provider who reports communication is not violating any legally established privilege.

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 Statute Affected:  13-4066

HB 2581

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FELONIES; RECLASSIFICATION

Rep. Farnsworth

Reclassifies the following Class 6 felony offenses as Class 1 misdemeanors:

• §13-1208 Assault; vicious animals

• §13-1802 Theft (value under $1,000)

• §13-1805 Shoplifting (value under $1,000)

• §13-1806 Unlawful failure to return rented or leased property

• §13-2704 Unsworn falsification

• §13-3002 False or forged messages

• §13-3305 Betting and wagering

• §13-3610 Abandonment of spouse

• §13-3611 Refusal or neglect to provide for spouse

Increases the value thresholds for theft and shoplifting as follows:

Statutes Affected:  13-1208; 13-1802; 13-1805; 13-1806; 13-2208; 13-2704; 13-3002; 13-3305; 13-3610; 13-3611

SB 1145

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SELF DEFENSE; HOME PROTECTION

Sen. Bee, et al

A person is justified in using physical and deadly physical force to protect against imminent peril of death or serious injury at the hand of an individual who is either in the process of unlawfully entering or attempting to remove another person from a dwelling, residence or occupied vehicle.  A person has no duty to retreat before threatening or using physical or deadly physical force.

A person is presumed to be acting reasonably against an individual who unlawfully or forcefully entered the person's dwelling, residence or occupied vehicle unless the individual:

• is a lawful resident of the dwelling, residence or vehicle

• had the right to be in the dwelling, residence or vehicle

• is the parent, grandparent or legal guardian of a child being removed from the house or vehicle

• is a law enforcement officer performing official duties

Presumptions do not apply if the person using physical or deadly physical force is engaged in unlawful activity.

Justification defenses are not affirmative defenses; if a defendant presents evidence of justification, the burden of proof is o the state to disprove the evidence a reasonable doubt that the defendant did not act with justification.

Requires the court to award reasonable costs, attorney's fees, lost wages and expenses in the defense if a defendant prevails in a civil action based on justified conduct.

Emergency clause: effective date of April 26, 2006

 Statutes Affected:  13-103; 13-205; 13-411; 13-418; 13-419; 13-420

SB 1396

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JUVENILE CORRECTIONS; WORK RESTITUTION

Sen. Huppenthal

When a youth is committed by the court to the Department of Juvenile Corrections and ordered to pay the minimum fee of $50 per month as required in A.R.S. §41-2812 for the purposes of supervision, the parent or guardian of the youth may pay the fee directly to the department for the deposit in the Department of Juvenile Corrections restitution fund.

 Statute Affected:  41-2812

SB 1339

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FIREARMS; JUVENILE POSSESSORS

Sen. Blendu

Juveniles adjudicated delinquent for a misdemeanor may be prohibited from carrying o repossessing a gun or firearm while the juvenile is under the jurisdiction of the Department of Juvenile Corrections or the Juvenile Court.  The law prohibiting a juvenile adjudicated delinquent for a misdemeanor from carrying or possessing a firearm is repealed, subject to the provision noted above.  Removes the previously declared unconstitutional provisions applying §13-3111 to only Maricopa and Pima Counties.

 Statutes Affected:  8-341; 13-904; 13-3101; 13-3111; 13-3113; 41-1750

HB 2490

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SEXUALLY ORIENTED BUSINESS; LOCATION; PENALTY

Rep. Knaperek

Prohibits an adult oriented business from being located within a quarter mile of the following:  child care facility, private, public or charter school, public playground, public recreational facility, residence, or place of worship.

The distance is measured in a straight line in all directions, without regard to structures or objects, to the nearest point on the property line.  Each day of violation of either the quarter mile location restriction or the operating hours requirement is a separate Class 1 misdemeanor offense.  The county attorney or a citizen residing in the county or city may bring an action to abate the violation.

Exempts existing established and operating adult oriented business that are in compliance with the section relating to adult oriented businesses.

 Statute Affected:  13-1422

HB 2129

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ILLEGAL HUNTING; PENALTIES

Rep. Weiers, JP

Action taken pursuant to §17-340 may be used as evidence in a juvenile case pursuant to §8-207.  Prohibits a judge, justice of the peace or magistrate from ordering that a person be released from all penalties and disabilities imposed by the Arizona Game and Fish Commission for the unlawful taking or wounding of certain wildlife.  Adds juvenile adjudications to the provisions of §17-340 dealing with revocation of license to take wildlife and increases the revocation periods in certain instances.  The unlawful taking or possession of wildlife while under permanent license revocation by the Commission is added to the list of violations in Title 17, Chapter 3 and classified as a Class 6 felony.  Creates a new offense, "Unlawful feeding of wildlife," classified as a petty offense.  Increases civil penalties imposed by Game and Fish for certain wildlife violations and expands administrative revocations by Game and Fish for wildlife violations.

 Statutes Affected:  8-207; 13-907; 13-2927; 17-101; 17-309, 17-314; 17315; 17-340

SB 1147

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TELEPHONE USAGE; EMERGENCY INTERFERENCE

Sen. Martin

Classifies the prevention or interference with the use of a telephone by another person in an emergency situation as a Class 2 misdemeanor.  A person is not required to allow another person to enter the person's home or place of residence for the purpose of using a telephone in an emergency situation.

 Statute Affected:  13-2915

HB 2307

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PROSTITUTION; CITY ORDINANCES

Rep. Gray, C.

Establishes the following mandatory jail penalties for Class 1 misdemeanor prostitution:

• 15 consecutive days in jail for a 1st offense

• 30 consecutive days in jail for a 2nd offense

• 60 consecutive days in jail for a 3rd offense and completion of an education or treatment program

A fourth or subsequent offense committed after conviction of the first three offenses is a Class 5 felony and requires a mandatory 180 day sentence.

Cities and towns are not prohibited from enacting and enforcing prostitution ordinances that provide stricter penalties.

 Statute Affected:  13-3214

HB 2785

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TELEPHONE RECORDS; UNAUTHORIZED SALE PROHIBITED

Rep. Paton, Sen. Bee, Rep. Mason

Establishes a new offense, "Unauthorized or fraudulent procurement, sales, or receipt of telephone records" belonging to any resident of this date without the authorization of the customer, a Class 1 misdemeanor.  Telephone companies that maintain telephone records are required to establish reasonable procedures to protect against the disclosure of records that could result in a substantial harm or inconvenience to any customer.  Procedures are considered reasonable if in compliance with federal regulations.

Law enforcement officers may obtain telephone records in connection with the performance of the official duties of the agency.  Telephone companies my permit access to any telephone record to a governmental entity if, among other reasons, an emergency involving immediate danger of death or serious physical injury to any person justifies disclosure of the information.

A violation classified as a Class 1 misdemeanor is also classified as an unlawful actor practice.  A customer whose telephone records are sold or received fraudulently is entitled to actual damages and any profits made by the violator, reasonable attorney fees and other litigation costs within two years of discovering the violation.

 Statutes Affected:  44-1376; 44-1376.02; 44-1376.03; 44-1376.04; 44-1376.05

HB 2649

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FIREARMS; POSSESSION; STORAGE

Rep. Murphy

With the exception of the legislature, agencies and political subdivisions are prohibited from enacting or implementing laws, rules or ordinances relating to the possession or storage of firearms.  Political subdivisions of this state may enact rules or ordinances requiring a business that obtains a secondhand firearm to retain the firearm for a period of not more than ten days at its place of business or a storage location that is approved by the law enforcement agency.  State, county or municipal judicial departments, law enforcement agencies or prosecutorial agencies may prohibit a deadly weapon pursuant to §13-3102 relating to misconduct involving weapons.

 Statute Affected:  13-3118

HB 2208

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MOTOR VEHICLES; UNLAWFUL OPERATION

Rep. Biggs

Reclassifies a violation of §28-672 from a civil traffic violation to a Class 3 misdemeanor.  If a victim of serious physical injury appears before the court prior to trial and acknowledges receipt of satisfaction for the injury, upon payment of the costs incurred, the court must order the prosecution be dismissed, and the defendant b e discharged and exempt from further prosecution for the same offense.  Restitution for a violation of §28-672 shall not exceed $10,000.

Establishes two new crimes, "Causing death by use of a vehicle" (a Class 4 felony) and "Causing serious physical injury by use of a vehicle" (a Class 5 felony), if a person causes serious physical injury or death while committing one of the enumerated traffic violations and is driving in violation of the one of the enumerated driver license requirements.  Chapter 297 can not be blended with Chapter 276, adding "Overtaking and passing a school bus" to the provisions of §28-672.

 Statutes Affected:  28-672; 28-675; 28-676

HB 2076

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WEAPONS; MISCONDUCT; STORAGE; MAP POCKET

Rep. Gray, C.

Clarifies the provisions of A.R.S. §13-3102 as to the responsibilities of an operator of a public establishment or sponsor of a public event who requests a person carrying a deadly weapon remove the weapon.  The operator or sponsor must provide temporary and secure storage, readily accessible on entry and further allow for immediate retrieval on exit, in order for the person carrying the weapon to fall within the provisions of §13-3102, paragraph 10, relating to misconduct involving weapons.  Permits the carrying of a deadly weapon in a case, holster, scabbard, pack or luggage that is carried in a map pocket of a means of transportation.

 Statutes Affected:  13-3102; 13-3102.01

HB 2554

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SUBSTANCE ABUSE TREATMENT; METH INTERDICTION

Rep. Anderson

Establishes an Addiction Reduction and Recovery Fund to be administered by the Director of the Department of Health Services.

The director will spend monies in the fund through RBHAs for rural detoxification programs including methamphetamine detoxification programs and related follow-up services and for substance abuse and prevention programs including methamphetamine abuse and addiction prevention programs.  The RBHAs will make efforts to partner with community and faith based organizations for implementation.

Includes appropriations.

 Statute Affected:  36-2007

SB 1371

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SEX OFFENDERS; GPS MONITORING; APPROPRIATIONS

Rep. Anderson

GPS monitoring is required for persons convicted on or after November 1, 2006 of a dangerous crime against children and placed on probation, and for persons sentenced to ADC for a dangerous crime against children and released on or after June 21, 2006.  Creates the offense of "Interfering with or aiding in the interference of a monitoring device by removal or bypass," a Class 4 felony.  Appropriates $750,000 to AOC and $750,000 to ADC.

Establishes a thirteen member joint legislative study committee on GPS that includes, among others, two judges, two probation officers appointed by the Chief Justice, and a representative of the AOC with probation experience.

 Statutes Affected:  13-902; 13-3725; 41-1604.08

SB 1376

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CAPITAL CASE LITIGATION; PUBLIC DEFENDER

Sen. Huppenthal

Establishes a state capital  post-conviction public defender office effective February 2007.

Allocates monies from the Public Defenders Training Fund to the office based upon the number of felony cases assigned the previous year.

Specifies appointment, qualifications and duties of employees of the office.  Establishes the Nomination, Retention and Standards Commission on Indigent Defense and specifies requirements for members of the Commission.  Limits the public defender form employing more than three deputies and more than four other employees.

Effective January 1, 2007, court appointed counsel for capital defendants in post-conviction proceedings must be from the capital post-conviction proceedings must be from the capital post-conviction public defender's office unless a conflict exists or the court makes a finding that the office cannot represent the defendant.  Any non-public defender appointees must be in good standing of the state bar for at least five years, have practiced state criminal appeal or post-conviction proceedings for at least three years and have never represented the defendant in question unless the defendant and counsel expressly request continued representation.  Employees of the office are prohibited from lobbying against capital punishment at the state legislature or U.S. Congress during working hours.  For every person represented the state capital post-conviction public defender's office must request reimbursement from the county in which the person was convicted for costs incurred not to exceed $30,000.

Appropriates $220,000 for fiscal year 2006-2007.

 Statutes Affected:  12-116; 12-117; 13-4041; 13-4234; 41-3011.11; 41-4251; 41-4252

HB 2580

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ILLEGAL ALIENS; INCARCERATION; BAIL

Rep. Pearce, et al

Adds a Class 2 felony for smuggling a minor not accompanied by a family member over the age of 18.  Requires an arresting agency to determine the person's country of citizenship and must notify the country of the person's detention if the person does not waive notification or if the country requires notification.  The failure or inability of a law enforcement agency to provide notice does not affect the admissibility of any statements, a voluntary guilty plea, the validity of a conviction, or afford a defendant any rights in a proceeding related to deportation, exclusion or denial of naturalization.

Prohibits bail for a serious felony if the defendant is in the United States illegally.  Allows a judicial officer to take to take into account whether the accused is in the United States illegally and if the person's residence is in this state, another state or outside of the United States in determining method of release or bail amount.

 Statutes Affected:  13-2319; 13-3906; 13-3961; 13-3967