Arizona Judicial Branch

SB1424

Effective Date
General 

AGGRAVATED DOMESTIC VIOLENCE
Sen. Bee

Increases the look-back period in which a third or subsequent domestic violence offense becomes an aggravated domestic violence offense from 60 months to 84 months, similar to the Aggravated DUI statute.

Statute(s) Impacted: 13-3601.02

Court Impact:  May require modification of the written notice (required by A.R.S. sec. 13-3601(M)) or any supplemental oral notice provided to a defendant who is found guilty of a first or second domestic violence offense.  May require modification of the Limited Jurisdiction Court Records Retention Schedule to require that courts retain domestic violence misdemeanor records for 7 years instead of the current 5 years.

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Chapter 100

SB1227

Effective Date
General

DOMESTIC VIOLENCE; LEASE TERMINATION
Sen. Bee

In pertinent part, permits a tenant to terminate a rental agreement for being a victim of domestic violence if written notice is provided within 30 days to a landlord and a request is made to be released from the rental agreement.  The victim must provide the landlord with either a copy of any protective order or a copy of a written departmental report from a law enforcement agency that states that the tenant notified the law enforcement agency that the tenant was a victim of domestic violence.  The landlord may request a receipt or signed statement that an order of protection has been submitted to an authorized officer of the court for service as well as the name and address of the person named if known by the victim.  A person named in the departmental report or the order of protection who provokes an early lease termination is deemed to have interfered with the residential rental agreement between the landlord and tenant, and may be civilly liable for all economic losses incurred by a landlord, including unpaid rent, early lease termination fees, costs to repair damage to the premises and any reductions or waivers of rent for the domestic violence early lease termination.  An emergency order of protection or protective order issued to a resident of a rental property automatically applies to the entire residential rental property in which the tenant has a rental agreement.

Statute(s) Impacted:  33-1361

Statute(s) Created:  33-1318

Court Impact:  Courts should be aware of the effect of this bill on landlord/tenant issues when issuing a protective order, including that a protective order or emergency protective order applies to the entire residential rental property in which the tenant has a rental agreement. The factual situations contemplated by this bill likely will be raised as an argument in some landlord-tenant proceedings, so courts should be familiar with the rights and obligations of all parties.  Courts may begin to see separate civil proceedings for damages filed under the provisions of this bill.

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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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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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