Arizona Judicial Branch

 SB1039

Effective Date
 General

ARIZONA CRIMINAL JUSTICE COMMISSION; CONTINUATION
Sen. Chuck Gray

Continues the Arizona Criminal Justice Commission until July 1, 2017.

Statute(s) Created:  41-3017.07

Statute(s) Repealed:  41-3007.07

Court Impact:  Informational.

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 SB1056

Effective Date
General

MARRIAGE LICENSES; LOCAL COURT CLERKS
Sen. Tibshraeny

Expands the list of individuals who may issue a marriage license to include a city or town court clerk if the city or town is more than four miles from the county seat.

Statute(s) Impacted:  25-127

Court Impact:  Authorizes a city court clerk to perform marriage-related duties, if certain criteria are met.

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 SB1061

Effective Date
General

AUTOMOBILE THEFT AUTHORITY; CONTINUATION
Sen. Gorman

Continues the Arizona Automobile Theft Authority to July 1, 2012.

Statute(s) Created:  41-3012.07

Statute(s) Repealed:  41-3007.10

Court Impact:  Informational.

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 SB1170

Effective Date
General

PUBLIC SAFETY EMPLOYEES; DISEASE TESTING
Sen. Tibshraeny

Adds any employee or volunteer of a state or local law enforcement agency to the list of individuals who may petition the court for an order authorizing testing of another person for a blood disease.  Clarifies a correctional service officer refers to both adult and juvenile officers and places all eligible persons under the definition of public safety employee or volunteer.

Statute(s) Impacted:  13-1210

Court Impact:  May result in more petitions for medical testing being filed.  These petitions must be heard promptly.

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 SB1231

Effective Date
General

GLOBAL POSITION SYSTEM MONITORING; COMMITTEE
Sen. Waring

Re-establishes the Joint Legislative Study Committee on Global Positioning System Monitoring and requires the Committee to provide a report by Dec. 1, 2008 to the Governor, Speaker of the House and President of the Senate.

Statute(s) Impacted:  none

Court Impact:  Informational.

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 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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 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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 SB1344

Effective Date
General

DRUG AND GANG ENFORCEMENT ACCOUNT
Sen. Chuck Gray

Increases the maximum percentage of monies in the Drug and Gang Enforcement Account that can be distributed for investigation of drug and gang-related crimes from 30% to 50% and states that the monies are also to be used in prevention of drug and gang activity.  Up to 30% that funds programs by county sheriffs is now shared with the Department of Corrections, as approved by the Arizona Criminal Justice Commission, to enhance drug offender treatment programs.  Up to 30% is to fund programs and agencies, as approved by the Commission, to enhance the integration of criminal justice records relating to drug and gang offenders and their related criminal activity.

Statute(s) Impacted:  41-2402

Court Impact:  Informational.

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 SB1619

Effective Date
General

PRISONERS; RESTITUTION PAYMENTS
Sen. Verschoor

Requires the Department of Corrections to withdraw between 20% and 50% each month from a prisoner’s spendable or trust fund or retention account for restitution if the restitution is ordered by the court.

Statute(s) Impacted:  31-230, 31-254, 31-261

Court Impact:  Informational.

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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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 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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 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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 SB1326

Effective Date
General

CONCURRENT JURISDICTION; BARRY GOLDWATER RANGE
Sen. Leff

Expands the area of land granted concurrent criminal jurisdiction to include lands administered by Department of Defense and its successor land management agency, consisting of the Barry M. Goldwater Range.

Statute(s) Impacted:  37-620

Court Impact:  Informational.  Grants the United States concurrent jurisdiction to enforce state law on the Barry M. Goldwater Range if certain conditions are met.

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 HB2726

Effective Date
General

COMMUNICATION SERVICE RECORDS; UNAUTHORIZED USE
Rep. Farnsworth

Prohibits the procurement and sale of public utility records and communication service records through unauthorized, fraudulent or deceptive means, with certain exceptions.  Prohibits the unauthorized use of personal information from a telephone record, public utility record or communication service record in a judicial, administrative, legislative or other proceeding, with certain exceptions.

Statute(s) Impacted:  44-1376, 44-1376.01, 44-1376.02, 44-1376.04

Court Impact:  Violation is a class 1 misdemeanor under existing A.R.S. sec. 44-1376.05.  A customer whose communication service records or public utility records are procured, sold or received in violation of the record requirements may pursue injunctive relief, damages, and attorney fees.  Alters evidentiary standards pertaining to public utility, communication service, and telephone records in court proceedings.

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 SB1546

Effective Date
General

CONDOMINIUM RECOVERY FUND
Sen. Cheuvront

Establishes a Condominium Recovery Fund, within the Department of Real Estate, to compensate buyers aggrieved by the failure of a subdivider to complete a condominium project.  Allows the state real estate commissioner to petition the court for a proration proceeding and for the court to determine the distribution of fund awards among multiple claimants.  Outlines procedures for a claimant whose application is denied by the real estate commissioner to file a verified application in court for an order directing payment from the Fund.

Statute(s) Created:  32-2193.31, 32-2193.32, 32-2193.33, 32-2193.34, 32-2193.35, 32-2193.36, 32-2193.37, 32-2193.38, 32-2193.39, 32-2193.40, 32-2193.41, 32-2193.42, 32-2193.43

Court Impact:  The court may begin to receive for filing, petitions for a proration proceeding and applications for payment from the Condominium Recovery Fund.

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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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 HB2298

Effective Date
General

PRISONS; TRANSITION PROGRAMS
Rep. Konopnicki

Provides additional eligibility criteria for inmates participating in the Department of Corrections’ Transition Program for drug offenders.  Requires the Department to provide notice to a victim and the opportunity to be heard before an offender is granted an early release for participation in the Transition Program.  Prohibits offenders who are not classified as “low risk offenders” by the Department from being eligible for early release for participating in the Transition Program.  Permits the Department to require a person on community supervision to participate in an appropriate drug treatment or education program and requires persons enrolled in such a program to pay for the cost of participation.  Clarifies goals and contract requirements for the Community Accountability Pilot Program.  Establishes the Teaching Offenders to Live Program within the Community Accountability Program for offenders who have been returned to custody for violating conditions of community supervision.

Statute(s) Impacted:  31-254, 31-281, 31-282, 31-285, 31-286, 41-1604.07, 41-1609.05, 42-3106

Statute(s) Created:  41-1609.06

Court Impact:  Informational.

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 SB1169

Effective Date
General

COUNTY RECORDERS; SOCIAL SECURITY NUMBERS
Sen. Leff

On or before January 1, 2009 requires the county recorder in a county with a population of 800,000 or more persons to redact references to the complete nine digit social security numbers on instruments available on the county recorder’s website.  The recorder must also redact complete social security number references on all instruments recorded but not available on the website prior to January 1, 2009 before making the instruments available on the website.                                                                  

In counties with a population of less than 800,000 persons redaction is upon request of the holder if the holder identifies the instrument.  The recorder must also redact complete social security number references on all instruments recorded but not available on the website prior to January 1, 2009 before making the instruments available on the website.

County recorders may use monies in the document storage and retrieval conversion and maintenance fund to effectuate law.

Releases the county recorder from liability for errors or cases of identity theft resulting from any redaction.    Prohibits a defendant’s social security number from being placed on a final judgment of forcible entry and detainer and on a taxpayer refund check, voucher or credit documentation issued by the Department of Revenue.

Statute(s) Impacted:  11-461, 12-1178, 42-1118

Court Impact:  Courts will need to ensure that a forcible entry and detainer judgment does not contain the defendant's social security number.

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