Arizona Judicial Branch

 HB2457

Effective Date
General 

FIREARMS; PEACE OFFICERS
Rep. Pearce

Restricts this state, a county, city, town or any other political subdivision of this state from prohibiting a peace officer from carrying a firearm if the peace officer is in compliance with the Arizona Police Officer Training and Standards Board firearm requirements.  A number of exceptions are made, including a prohibition by order of the presiding judge or justice on carrying firearms while attending any court, unless the peace officer is providing security or responding to an emergency.  Does not create a civil liability for acting or failing to act.

Statute(s) Created:  38-1102

Court Impact:  A court that wishes to prohibit a peace officer from carrying a firearm into court should issue an administrative order using the language of this bill.  A peace officer may be prohibited from carrying a firearm by order of a judge when attending any court, except if the peace officer is providing security or responding to an emergency, and under certain other specific conditions.

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 SB1100

Effective Date
General 

REGISTERED NURSE PRACTITIONERS; AUTHORITY
Sen. Allen

In pertinent part, expands the list of eligible persons who may provide the court with a medical statement excusing an individual from jury duty to include a registered nurse practitioner licensed pursuant to Title 32, Chapter 15.

Statute(s) Impacted:  21-202

Court Impact:  Courts must now accept a juror medical excuse statement signed by a registered nurse practitioner (in addition to a physician).  The existing medical excuse form (prepared by the AOC) will be revised to reflect this change.  The form must be added to the Board of Nursing website (in addition to the Arizona Medical Board as currently).

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 HB2209

Effective Date
General 

LAW ENFORCEMENT OFFICERS; MISCONDUCT INTERVIEWS
Rep. Adams

Prior to a misconduct interview that a law enforcement or probation department believes may result in dismissal, demotion or suspension of an officer, the employer must provide written notice informing the officer of the specific nature of the investigation, the officer’s status in the investigation, any known allegations of misconduct that are the reason for the interview and the officer’s right to have a representative at the interview.  The employer is not required to stop an interview and issue another notice for allegations based on information provided by the employee during an interview or to disclose any fact that would impede the investigation.

Statute(s) Impacted:  38-1101

Court Impact:  Courts that hire probation officers will need to abide by these requirements with regard to misconduct interviews.

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 HB2750

Effective Date
General 

JUSTICES OF THE PEACE; JURISDICTION
Rep. Pearce

Justice of the Peace Courts in a county with a population of more than two million have original jurisdiction over the following actions that occur within the precinct in which the Justice of the Peace is elected:

• Civil actions up to the statutory limit,

• Small claims,

• Civil traffic offenses unless filed by a municipal officer or agent or an officer employed by a law enforcement agency under contract to the municipality for law enforcement services,

• Special detainers,

• Forcible detainers ten thousand dollars or less,

• Misdemeanors, unless filed by a municipal officer in municipal court or consolidated with a felony,

The Superior Court no longer may exercise concurrent jurisdiction with JP Courts over civil actions from $5,000 to $10,000.

Statute(s) Impacted:   22-101, 22-201, 22-301

Court Impact:  May reduce the number of civil filings in Superior Court and increase the number of civil filings in Justice of the Peace Courts throughout the state.  In Maricopa County, may reduce the number of civil and criminal filings in Superior and Municipal Courts and increase the number of civil and criminal filings in Justice of the Peace Courts.

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 SB1006

Effective Date
General 

PUBLIC RECORDS; CONFIDENTIALITY
Sen. Waring

Adds probation officers, among others, to the list of persons who may request redaction of personal identifying information, such as home address and phone numbers, from records maintained by the county assessor, recorder or treasurer or by the state Department of Transportation.  Probation officers were already included in the statutes under different language.

Statute(s) Impacted:  11-483, 11-484, 16-153, 28-454, 39-123, 39-124

Court Impact:  Judges and commissioners now will be able to have their addresses and phone numbers in MVD records protected from public inspection.  Will require the AOC to revise the mandatory affidavit forms filed by eligible parties with the presiding judge of their county of residence.  The AOC is working with MVD to identify the information needed on the affidavit to be able to match names with records.  The AOC also is working with MVD on developing one or more automated reporting options to enable clerks to transmit the necessary information electronically. However, since electronic reporting options may not be available for some time, a paper-based protocol is being developed.  Presiding judges are likely to see a substantially greater number of these affidavits being filed.

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Chapter 142

SB1054

Effective Date
General 

ARBITRATION; CLAIMS; COMPENSATION
Sen. Huppenthal

Increases the compulsory arbitration limit that is established by each county from $50,000 to $65,000.  Increases the arbitrator’s compensation, raising the maximum daily fee from $75 to $140.  Lowers disincentive for a trial de novo from 25% to 23%.

Statute(s) Impacted:  12-133

Court Impact:  The superior court may choose to modify court rule to reflect new arbitration amounts.

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 SB1085

Effective Date
General 

CONSTABLE ETHICS STANDARDS AND TRAINING
Sen. Verschoor

Establishes the Constable Ethics Standards and Training Board and the Constable Ethics Standards and Training Fund in place of the Constable Ethics Committee and related fund and transfers any remaining fund balance.  Alters formula for computing certified mileage calculations for constables in a county with a population or more than three million persons.  The clerk of those courts is to calculate the mileage as provided in statute.

Statute(s) Impacted:  11-445, 22-131, 22-132, 22-136

Statute(s) Created:  22-137, 22-138

Court Impact:  Maricopa County Justice Courts will need to adjust the amount of certified mileage calculations paid to constables as indicated.

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 SB1331

Effective Date
General 

CRIMINAL JUSTICE COMMISSION; POWERS; DUTIES
Sen. Chuck Gray

Transfers administrative responsibilities related to maintaining the Criminal Justice Information System, including rule and policy-making authority, from the Arizona Criminal Justice Commission to the Department of Public Safety.

Statute(s) Impacted:  41-2405

Court Impact:  Informational.

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 SB1639

Effective Date
General  

NOTARIES; CITIZENSHIP REQUIREMENT
Sen. Johnson

Requires a notary public to be a citizen or a legal permanent resident of the United States.

Statute(s) Impacted:  41-312

Court Impact:  Informational.

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 HB2001

Effective Date
Delayed
01/01/2009 

DEFENSIVE DRIVING SCHOOLS
Rep. Jim Weiers

Upon the expiration of all contracts that are in existence on July 1, 2007 between the court and a defensive driving school provider, an eligible individual who elects to attend a defensive driving school is permitted to attend any Supreme Court certified defensive driving school that complies with the court automation and reporting requirements The renewal of any contract between a court and a defensive driving school after July 1, 2007 will be considered a new contract.  Authorizes a court to adopt requirements for a school to electronically report school completions and transfer funds, subject to the approval of the Defensive Driving Board.

Statute(s) Impacted:  28-3393

Court Impact:  Effective January 1, 2009, courts must allow eligible traffic violators to attend any supreme court certified Defensive Driving School. A court may require that a school electronically report school completions and electronically transfer funds, subject to the approval of the Defensive Driving Board.   Any contract renewed by a court after July 1, 2007, is considered a new contract.

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HB2226

Effective Date
General

TRAFFIC TICKETS; COLLECTIONS; CIVIL PENALTIES
Rep. McClure

Prohibits the court from initiating collection procedures on an unpaid civil penalty and subsequently notifying the Motor Vehicle Division to suspend a person's driving privileges or refuse to renew a vehicle registration for an unpaid civil traffic violation if all of the following apply:

• The unpaid civil penalty is for a civil traffic violation for which the final disposition occurs more than 36 months before the court initiates collection proceedings,

• The court does not have a paper or electronic record dated within 36 months after the traffic violation occurs indicating that the responsible person was notified that the civil penalty is unpaid and due,

• The court has not notified MVD to suspend the responsible person's driver license or permit,

• The court has not notified the responsible person or the MVD about the court's request that MVD refuse to renew the responsible person's vehicle registration,

• The court does not have a record of extending the time for payment of the civil penalty or providing for installment payments.

The court must also notify MVD to remove a violation from the person’s driving record if the court is prohibited from collecting fine monies or suspending the person’s license for the reasons listed above.  Note, however, if MVD was notified within 36 months, this statute would not be applicable.  Requires the court to cease collection activities and notify MVD if an individual presents reasonable evidence that a civil penalty and other fees, fines or surcharges has been paid.  MVD actions based upon the case in question must be rescinded.

Statute(s) Impacted:  28-1601

Court Impact:  As long as at least one of the following actions has occurred, a court may initiate collection proceedings on an unpaid civil penalty:

1. The unpaid civil penalty is less than 36 months old,

2. The court has a paper or electronic record dated within 36 months of the violation indicating that the responsible person was notified that the civil penalty is due,

3. The court notified ADOT to suspend the responsible person's driver license,

4. The court notified either the responsible person or ADOT about the court's request that the person's vehicle registration not be renewed, or

5. The court has a record of extending the time for payment of the civil penalty or providing for installment payments.

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 SB1167

Effective Date
(See Summary) 

CRIMINAL CASE INFORMATION; DISCLOSURE
Sen. Chuck Gray

Requires the clerk of the superior court, on or after January 1, 2008, in counties with a population of two million or more persons, to electronically publish all criminal case minute entries, which must be arranged or searchable by case name, number, and the name of the judge or commissioner.  Beginning January 1, 2010, the clerk of a superior court in a county with a population of less than two million persons must begin compiling and electronically publishing all superior court case minute entries, which shall be arranged and searchable at a minimum by case name, number and the name of the judge or commissioner.

Statute(s) Impacted:  12-283

Court Impact:  The clerks of the court must post criminal case minute entries, online, by the stated dates.

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SB1434

Effective Date
Delayed
 01/01/2008  

JURY; COMMISSIONER DUTIES; JUROR SELECTION
Sen. Chuck Gray

Jurors must be summoned countywide unless an alternative plan is adopted.  Courts wanting to adopt an alternative plan must submit a summoning plan to the Supreme Court or the presiding judge of the county for approval.  Alternate procedures for summoning jurors to superior courts with multiple court locations may include dividing counties into jury districts or using a countywide method that minimizes the distance a prospective juror must travel.  All summoning plans must pass constitutional muster.  The plan must also provide for a summoning of jurors from a fair cross-section of the community.  Requires a judge or jury commissioner to notify a prospective juror if the juror has been permanently excused from jury duty.  Makes a number of changes to the procedure for summoning and selecting jurors to maintain pace with current practices and technologies.

Statute(s) Impacted:  9-823, 12-1176, 21-131, 21-201, 21-202, 21-223, 21-313, 21-314, 21-315, 21-331, 21-332, 21-334, 21-336.01, 21-402, 21-404, 21-406, 21-417, 21-423, 21-428, 22-320

Statute(s) Created:  21-101, 21-132, 21-301, 21-302, 21-311, 21-312, 21-404

Statute(s) Repealed:  21-101, 21-311, 21-312, 21-316, 21-317, 21-318, 22-426

Court Impact:  Makes substantial changes to jury management procedures, bringing statute in line with modern practices, including the use of jury management software.  Jury commissioners and jury personnel at all court levels will need to be aware of the revised statutory requirements and responsibilities in the area of jury management.

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 HB2756

Effective Date
General 

VICTIMS’ RIGHTS; FREE POLICE REPORTS
Rep. Garcia

Requires a law enforcement officer in the initial victim rights contact to notify a victim of the right to a free copy of the police report, if the investigation is for a Part 1 offense.

An employer, who has 50 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of that employer, must allow an employee who is a victim of a crime to leave work to obtain an order of protection, injunction against harassment or other injunctive relief.

Statute(s) Impacted:  13-4405, 13-4439

Court Impact:  Adds "a court order the employee is subject to or any other proper documentation" to the list of documents the employee must provide the employer before the employee may leave work.  Prohibits the employer from denying any privileges of employment because an individual exercises the right to leave work under the provisions of the statute (A.R.S. sec. 13-4439(A)).  Courts (as employers) must follow the requirements of this bill with regard to an employee who is a victim of a crime.

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 HB2758

Effective Date
(See Summary)

JUSTICES OF THE PEACE; FUNDING
Rep. Adams

Beginning in FY 2007-08, reduces indigent care liability of a county with a population of more than 1.5 million or more by an amount equal to the amount of state reimbursement the county would have received for Justice of the Peace salaries.  The county is in turn responsible for 100% of the salary and employee related expenses of a Justice of the Peace.

Statute(s) Impacted:  11-292, 11-300, 12-262, 22-117, 22-201, 36-2928

Court Impact:  Limits the requirement for state contribution to JP salaries to those counties with a population of less than 1.5 million persons only.  Counties with a population of 1.5 million or more will pay the entire cost of JP salaries.  (Retroactive to July 1, 2007.)  Claries the geographic jurisdiction of a justice court in a county with a population of more than 2 million persons to be for actions that occur in the "precinct in which the justice of the peace is elected' instead of where the court is located.  (General Effective Date.)

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HB2787

Effective Date
General

BUDGET RECONCILIATION; CRIMINAL JUSTICE
Rep. McComish, Sen. Burns

In pertinent part, requires a county to pay 61.5% of the compensation of a justice of the peace, including ERE, except that the county must pay the full amount of the employee’s contribution to ASRS or any county health plan. 

Effective January 1, 2008, law enforcement is required to secure a sample for DNA testing from any person arrested for certain enumerated offenses.  If a judicial officer releases a person charged with any of the offenses on the person’s own recognizance or on bail, the judicial officer must order the person to report within five days to law enforcement to provide a sample for DNA testing purposes.

Requires the court to revoke the person’s release if a sample is not provided within five days. 

Permits a person who provides a sample under this law to petition the court to order the person’s DNA profile and sample to be expunged from the Arizona DNA Identification System provided criminal charges are not filed within the appropriate period of time or are dismissed, or if the person is acquitted at trial.  There is an exception preventing the person from being eligible to petition the court if arrested or charged with another offense that would require DNA testing or if convicted of another offense that requires DNA testing.  Removes the provision permitting a person convicted of a felony designated as a misdemeanor to petition the court for the removal of the DNA profile.

Increases the surcharge collected for deposit into the Arizona DNA Identification System Fund from 3% to 7% until December 31, 2011, at which point the surcharge is decreased to 6%.

Statute(s) Impacted:  12-116.01, 13-610, 13-2314.01, 13-3967, 38-886.01, 41-191.09

Court Impact:  Bail/bond amounts, bond cards, surcharge schedules, and local court enhancement fees will need to be modified to reflect the surcharge change.  A judicial officer who releases a person charged with certain enumerated offenses on bail or on the person's own recognizance must order the person to report for DNA testing within 5 days.  Courts must revoke the release of a person who does not comply.  Courts may begin to see petitions for the expungement of DNA results filed.

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SB1286

Effective Date
(see Summary)

VICTIMS’ RIGHTS OMNIBUS
Sen. Chuck Gray

Requires adult probation officers to monitor the payment of restitution.

Requires the clerk of the court to provide the prosecutor and court a monthly report listing defendants who are in default of restitution.  Failure to pay restitution subjects a defendant to an order to show cause re: contempt.

Probation may be extended five years for a felony and two years for a misdemeanor if restitution is still outstanding.

Effective January 1, 2008, modifies the warning on an ex parte Order of Protection to state that the defendant will be subject to arrest and prosecuted for Interference with judicial proceedings and any other crime if the order is violated.

Requires the agency with custody of the defendant to notify the victim and other designated persons, if known, on an Order of Protection if the defendant is released after being arrested for an IJP. 

The prosecutor’s office must provide a victim with notice of any continuance.

Effective December 1, 2007, a victim who requests notice of post-conviction or appellate proceedings shall receive immediate notice from the prosecutor of proceedings and any decisions that arise.  A victim or victim’s counsel who requests notice must receive a copy of the memorandum decision or opinion from the Supreme Court or the Court of Appeals concurrently with the parties.

Prohibits any victim contact or identifying information from becoming publicly accessible and requires victim contact information be redacted from a police report by the originating agency.  This provision does not apply to: a victim’s name, records transmitted between law enforcement, prosecutors and the court, records which the victim consented to release or the address or location at which the crime occurred.

Requires the court or clerk of the court to provide at no charge to a victim the minute entry or portion of the record arising out of the offense committed against the victim if reasonably necessary for the purpose of representation regarding a claimed victim’s right. 

Requires the prosecutor to make reasonable efforts to notify a victim of any request for a continuance.  Requires the court, if the request for continuance is in writing and the victim is represented by counsel who files a notice of appearance, to make reasonable efforts to notify the victim’s counsel of the request in the same manner as a party is notified.  A continuance may only be granted if there are extraordinary circumstances and the delay is indispensable to the interests of justice and only for so long as is in the interest of justice.  The reason for the continuance must be stated on the record.  Does not apply to municipal and justice of the peace courts, however, the intent is that the extraordinary circumstances and interest of justice provisions apply to all courts.

Statute(s) Impacted:  12-253, 13-810, 13-812, 13-902, 13-3602, 13-4409, 13-4411, 13-4430, 13-4434, 13-4435, 39-127

Court Impact:  Clerks of the court, trial courts, appellate courts, and probation will need to modify business practices to fulfill the requirements of this bill, as stated.  Continues the courts’ ability to issue a summons or warrant for a defendant’s appearance to show cause why payment of restitution has not been made.  (Can be done on motion from prosecutor, any person entitled to restitution, or on the court’s own motion.)

Maintains the courts’ ability to order garnishment for restitution.  Directs the court to consider the victim's views and the victim's right to a speedy trial before ruling on a motion to continue.  Requires general jurisdiction courts only to send notice of continuance (if the request for continuance is submitted in writing) to victims represented by counsel (who have filed a notice of appearance), as they would with other parties.

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 SB1640

Effective Date
General

FOREIGN MOTOR CARRIERS
Sen. Verschoor

In pertinent part, expands the jurisdiction of municipal and justice courts to include concurrent jurisdiction over all misdemeanor traffic violations listed in Title 28, Chapters 5,11,14, and 15 and Class 2 and 3 misdemeanor violations in Chapter 25.

Statute(s) Impacted:  28-1552, 28-6355

Statute(s) Created:  28-5244

Court Impact:  Places the following restrictions on motor carriers, all of which can constitute a class 1 or 2 misdemeanor or class 6 felony, under existing A.R.S. sec. 28-5240 (depending on the number of previous offenses): prohibits foreign motor carriers from operating in Arizona without a certificate of registration in the vehicle or refusing to show the certificate to a peace officer or an employee of the Department of Transportation; prohibits foreign carriers from operating outside the restrictions in the registration certificate; prohibits foreign carriers from providing point to point transportation services for any goods other than international goods; requires foreign carrier vehicles to be inspected by a commercial vehicle safety alliance certified inspector every three months; requires foreign carrier vehicles to display a safety inspection decal for at least three years after receiving permanent operating authority; prohibits interstate carriers from operating without or outside the bounds of a registration certificate.

Expands the jurisdiction of municipal and justice courts to include the following misdemeanor criminal violations in Title 28:

• failing to notify the Motor Vehicle Department of a name or address change
• injuring or preventing operation of a vehicle
• committing a traffic violation while transporting hazardous material
• directing or knowingly permitting an employee or driver to violate the law
• illegally canceling a traffic citation
• failing to stop or present identification when requested by a peace officer
• failing to notify law enforcement of the previous location of a towed vehicle
• failing to report that a vehicle is lost, stolen, abandoned, unclaimed or seized
• failing to report that a vehicle is abandoned in a public garage or parking lot
• refusing to permit inspection of a vehicle
• violating motor carrier regulations
• operating a motor carrier under an out-of-service order
• operating an overweight vehicle
• violating gross weight restrictions with regard to fees
• dumping trash on highways or airports
• constructing an unauthorized bridge or dam
• failing to construct, maintain or repair a bridge as required by law
• violating regulations pertaining to aircraft operations
• failing to provide an affidavit of total loss of an aircraft to the Arizona Department of Transportation
• Removes language that limits municipal and justice court jurisdiction to specific chapters in Title 28, thereby allowing courts to rule on violations in the entire title.

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