ESCAPE; DEFINITION
Sen. Chuck Gray

Defines escape as:

• A departure from custody or from a juvenile secure care facility, a juvenile detention facility or an adult correctional facility in which the person is held or detained, with knowledge that the departure is not permitted, or the failure to return to custody or detention following a temporary leave granted for a specific purpose or for a limited period.
• A failure to report as ordered to custody or detention to begin serving a term of incarceration.

The time a person spends on escape status is excluded from the look-back period for purposes of determining an historical prior felony conviction. A conflicting enactment from the 2007 session related to enhanced sentences for felony gang offenses is corrected.

Statutes amended:  A.R.S. §13-604, 13-4062, 31-412, 41-1604.11, 41-1604.13
Statute repealed:  A.R.S. §13-604 as amended by Chapter 287, Laws 2007

Court Impact:  Defines escape and excludes time on "escape" from the look back period for purposes of prior felony convictions.

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RELATING TO CRIMINAL APPEALS
Sen. Chuck Gray

Prohibits a defendant from appealing a final judgment of conviction, verdict of guilty except insane or an order denying a motion for a new trial if the defendant’s absence prevents sentencing from occurring within 90 days of the conviction and the defendant fails to prove by clear and convincing evidence that the absence was involuntary.

Statutes amended: A.R.S. § 13-4033

Court Impact:  Prohibits a defendant's appeal from a final judgment of a conviction or verdict of guilty except insane or an order denying a motion for a new trial if the defendant's absence prevents sentencing from occurring within 90 days of the conviction. In order to retain the right to appeal the defendant must prove to the court by clear and convincing evidence that absence at time of sentencing was involuntary.

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WASTE TIRE COLLECTION SITES
Rep. Barnes

In pertinent part, makes the storage of 100 or more used motor vehicle tires outdoors without prior registration of the storage site with the Arizona Department of Environmental Quality a Class 5 felony. Current owners of storage sites must register within 60 days of the effective date of the act.

Statutes amended: A.R.S. §§ 36-601, 44-1303, 44-1304.01, 49-762, 49-762.01 and 49-762.02

Court Impact:  Courts should be aware of the effect of this bill that establishes new a class 5 felony for a failure to register a "Waste tire collection site." The change requires courts to update their automation system.

Automation Impact:  Adds 44-1304.01 (A)(8) as a class 5 felony for a failure to register a "Waste tire collection site"

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ACJC; COLD CASE INVESTIGATION PROTOCOL
Sen. Huppenthal

The Arizona Criminal Justice Commission (ACJC) is required to compile and distribute information on best practices for cold case investigations, including effective victim communication procedures. “Cold case” is defined as a homicide or a felony sexual assault that remains unsolved a year or more after being reported to a law enforcement agency and has no viable and unexplored investigative leads.

Statute amended:  A.R.S. § 41-2405

Court Impact:  Informational, provides a duty for ACJC to compile and distribute information on best practices for cold case investigations including effective communications with victims. Defines "Cold Case" as an unsolved case more than a year old after being reported to law enforcement involving a homicide or felony assault with no viable or unexplored investigative leads.

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INTERNET AGE MISREPRESENTATION
Rep. Robson

The crime of “Unlawful age misrepresentation”, a Class 3 felony, is established. A person commits this offense by using an electronic communication device to knowingly misrepresent the person’s age for the purpose of committing any sexual offense that would require registration as a sex offender. The person must be at least 18 years old and know or have reason to know that the recipient of the communication is a minor. The offense is added to the list of acts that require registration as a sex offender. It is not a defense to a prosecution if the recipient is not a minor. A police officer acting within the scope of the officer’s authority and in the line of duty is exempted.

If the victim is under 15 years old, Unlawful age misrepresentation is classified and punishable as a Dangerous crime against children with the following sentences:

• If the person has not been previously convicted of a predicate felony, the presumptive term is 10 years
• If the person has been previously convicted of a predicate felony, the presumptive term is 15 years.

“Electronic communication device” is defined as any device that is capable of transmitting visual depictions and includes: computers, computer systems or network, and cellular or wireless telephones.

Statutes amended:  A.R.S. §§ 13-604.01, 13-3560, and 13-3821

Court Impact:  The change requires courts to update their automation system for the violation in A.R.S. § 13-3560(A) as a class 3 felony for unlawful age misrepresentation. The bill conflicts w/HB2480 chapter 219 which designates this same section as aggravating luring of a minor as a class 2 felony. Also, requires the clerk to notify the sheriff in that county of the conviction within ten days after entry of the judgment.

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EMERGENCY MEDICAL SERVICES; PROTOCOL
Rep. Crandall

In pertinent part, disclosure of confidential information in the Arizona State Trauma Registry is classified as a Class 3 misdemeanor. The Department of Health Services is required to provide quarterly trauma system data reports to each hospital and to the designated trauma center submitting data.

DHS may authorize other persons and organizations to use state trauma registry data:

• To study the sources and causes of trauma
• To evaluate the cost, quality, efficacy and appropriateness of diagnostic, therapeutic, rehabilitative and preventive services and programs related to trauma

Statutes amended:  A.R.S. §§ 36-2204, 36-2220, 36-2221 and 36-2222

Court Impact:  Courts should be aware of the effect of this bill that establishes A.R.S. § 36-2221(D) as a new Class 3 misdemeanor offense for the disclosure of confidential information from the state trauma registry. The change requires courts to update their automation system.

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SCHOOLS; STUDENT TEACHERS; TUTORS; FINGERPRINTING
Rep. Anderson

In pertinent part, renumbers A.R.S. §15-534 (H) to §15-534 (I). This statute makes it a Class 3 misdemeanor to provide a false statement, representation or certification on any application to the Department of Education for certification.

Statute amended:  A.R.S. § 15-534

Court Impact:  Technical renumbering of the violation section, renumbers A.R.S. § 15-534(h) to 15-534(I) a class 3 misdemeanor. The change requires the court to update their automation system. Also provides that any person who participates in a teacher preparation program that is approved by the state board or any person who is contracted by this state, by a school district or by a charter school to provide tutoring services shall obtain a fingerprint clearance card pursuant to this section before the person participates in field experience in which services will be provided directly to pupils.

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AIRPORTS; DESIGNATED SECURITY AREAS; WEAPONS
Rep. JP Weiers

The offense of “Misconduct involving weapons in a secure area of the airport” is established and the offense is classified as a Class 1 misdemeanor. A person commits the offense by intentionally carrying, possessing, or exercising control over a deadly weapon in a secured area of an airport, excluding the following:

• A peace officer while in performance of official duties
• A member of the military forces while in performance of official duties
• A federally sworn officer in the performance of official duties
• An individual who is authorized by a federal agency in the actual performance of official duties
• General aviation areas not included in the security identification display area or the sterile area as defined in the Airport Security Program
• The lawful transportation of deadly weapons in accordance with state and federal law

“Secured area” of an airport is defined as any area of an airport specified in an airport security program that is authorized and approved by the U.S. Transportation Security Administration.

“Deadly weapon” is defined as anything designed for lethal use, including a firearm (A.R.S. §13-105).

Statute created:  A.R.S. §28-8429

Court Impact:  Established 28-8429A as a class 1 misdemeanor for misconduct involving weapons in a secure area of the airport. The change requires the court to update their automation system. Weapon is defined in A.R.S. §13-105.

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COUNTERFEIT MARKS; INTELLECTUAL PROPERTY
Sen. Harper

In pertinent part, the court must order a person convicted of “Unlawful copying or sale of sounds or images from recording devices” to make restitution to any owner or lawful producer of the master device or article who has suffered injury resulting from the violation. The order of restitution is to be based on the aggregate wholesale value of lawfully manufactured and authorized recorded devices corresponding to the nonconforming recorded devices involved in the violation. The order must also include investigative costs relating to the violation, and proof of the specific wholesale value of each nonconforming device is not required.

The threshold for the number of unlawfully copied or sold sounds or images that constitute a Class 3 felony is decreased from 1,000 to 100 or more; additionally, the range for a Class 6 felony charge is now between 10 and 100, with anything under 10 being classified as a Class 1 misdemeanor.

Statutes amended:  A.R.S. §13-3705, 44-1453

Court Impact:  Reduces the number of unlawfully copied items of sounds or images involving 1000 to 100 or more articles containing sound recordings for a class 3 felony. Reduces the number of unlawfully copied items for copying or sale of sounds or images involving 10 or more but less than 100 articles containing sound recordings for a class 6 felony. Reduces the number of unlawfully copied items for sale of sounds or images involving less than 10 articles containing sound recordings for a class 1 misdemeanor. Requires court ordered restitution based on the aggregate wholesale value of lawfully manufactured and authorized recorded devices corresponding to the nonconforming recorded devices involved in the violation.

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JUSTICE COURTS; CRIMINAL ACTION; JURISDICTION
Rep. Biggs

Time payment fee and any other penalties or additional assessments are excluded when calculating the total fine for the purposes of determining justice of the peace jurisdiction.

Statute amended:  A.R.S. §22-301

Court Impact:  Technical clarification concerning the jurisdictional limits of justice courts.

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MOTOR CARRIER SAFETY, VEHICLE EQUIPMENT
Rep. Biggs

The statute regarding limitations of hours placed on motor carriers or private carrier drivers found in Title 23, Labor, is repealed.

Changes to laws dealing with additional lighting on a bus, truck, truck tractor, trailer, semi-trailer and pole trailer are enacted. Changes to some of the laws dealing with required brake equipment are enacted.

Changes to certain definitions in Title 28, Chapter 14 are also enacted. However, there is a conflict with Chapter 147 regarding the definition of “commercial motor vehicle” and “lightweight motor vehicle”

Statutes amended:  A.R.S. §§ 23-286.01, 28-929, 28-931, 28-935, 28-945, 28-952, 28-956, 28-5201, 28-5204
Statute repealed:  A.R.S. §23-286

Court Impact:  Adds additional safety equipment requirements for trucks, buses, tractors, and pole trailers. Changes to definitions include striking the definition of "Declared gross weight" and reducing the weight for a "Lightweight motor vehicle" from twenty thousand pounds to eighteen thousand pounds. Definitions section is amended but does not conform to the changes in 28-5201 as amended by Chapter 147.

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SCHOOL CROSSINGS
Rep. Biggs

The doubling of civil penalties for violations in a school crossing zone is only required if signage is present indicating that the civil penalty will be doubled. The statute is reorganized, with separate subsections for violations with the “fines doubled” sign present and for violations without the “fines doubled” violations present.

Conforming changes are made to A.R.S. § 28-672, Causing serious injury or death by a moving violation, § 28-675, Causing death by use of a vehicle and § 28-676, Causing serious injury by use of a vehicle.

Statutes amended:  A.R.S. §§ 28-672, 28-675, 28-676 and 28-797

Court Impact:  Establishes new violations for school zone crossings that increases the civil penalty by the amount of the base fine, if the required signage is present. Surcharges do not apply to the increased penalty. The bill splits former 28-797E and adds the existing violation as 28-797(F), also adds new violations as sections 28-797(H) and 28-797(I). Additional assessment for H and I are equal to base fine and are not subject to surcharges. The change requires the court to update their automation system.

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COMMERCIAL MOTOR VEHICLES; TRAILERS
Rep. Biggs

The definition of “commercial motor vehicle” is revised in both Title 28, Chapter 6, Traffic Regulation and Chapter 14, Motor Carrier Safety. The definitions are not identical. For the purposes of Title 28, Chapter 14, the definition of “motor carrier” encompasses a commercial motor vehicle only. The applicability of Title 28, Chapter 14, centering on the revised definition of “commercial motor vehicle” is redefined.

There is a conflict with Chapter 142 regarding the definition of “Commercial Motor Vehicle” and “Lightweight Motor Vehicle.”

An equipment violation listed in Title 28, Chapter 14, unless requiring an out of service order, is classified as a civil traffic violation.

Statutes amended:  A.R.S. §§ 28-601, 28-5201, 28-5202, 28-5204, 28-5240, 28-5242, 28-5432,
Statutes created:  A.R.S. §§ 28-1111, 28-5245

Court Impact:  A.R.S. 28-5245 is added to specify that an equipment violation of this chapter (or any rule adopted pursuant to this chapter) is a civil traffic violation unless the violation requires issuance of an out-of-service order pursuant to section 28-5241. Equipment violations may pertain to safety violations or hazardous material violations and courts will need to determine if an out of service order has been issued to determine if the violation is a misdemeanor. Definitions section is amended but does not conform to the changes in 28-5201 as amended by Chapter 142.

Makes all R-17 equipment violations civil traffic violations unless the vehicle is given an "out of service order" in which case the charge is a misdemeanor violation. The change requires the court to update their automation system.

Creates civil traffic violations for commercial motor vehicle for equipment violations in Title 28, Chapter 14. See chapter142.

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EMPLOYER SANCTIONS AMENDMENTS
Rep. Pearce

The bill makes significant changes to the Employer Sanctions Law from last year including:

1. Expanding statutory identity theft:  The definition of “taking the identity of another person” is expanded to include accepting personal identification information of another person with the intent of obtaining or continuing employment. The definition of trafficking in the identity of another person” is expanded to include the intent of obtaining or continuing employment.
2. Establishing protocols for allegations of and punishments for violations of employing unauthorized aliens:  A complaint must be filed on form prescribed by the Attorney General (AG); requiring notarization or the social security number of the person filling out the complaint is prohibited. The ‘frivolous’ standard is changed to ‘false and frivolous’. The AG and county attorney may investigate allegations not submitted on the complaint form; prohibits the investigation of complaints based solely on race, color or national origin. Complaints are required be filed in the county in which the alleged unauthorized alien was employed. The county sheriff and local law enforcement agency may assist in investigating a complaint; prohibits any state, county or local officer from making an independent determination as to whether or not an individual is authorized to work in the United States.
   
   If, after an investigation, it is determined that the allegation is not ‘false and frivolous,’ the AG is tasked with certain enumerated requirements.
   For a first violation the court must order:
   
   1. The employer to terminate all unauthorized alien employees;
   2. The employer to a five year term of probation for the business location where the unauthorized alien worked;
   3. The appropriate agencies to suspend all license held by the employer for a minimum of ten days; and
   4. The employer to sign a sworn affidavit which states that the employer has terminated the employment of all unauthorized aliens and will not intentionally or knowingly employ an unauthorized alien.

   When determining whether or not an individual is an unauthorized alien the court is only permitted to consider the federal government’s determination. Licenses eligible for suspension are those specific to the site where the unauthorized alien worked. If the employer does not have a license specific to the particular location, the employer’s general license is suspended. The length of suspension of relevant licenses is determined by the court based on:

   1. The number of unauthorized aliens employed;
   2. Any prior misconduct by the employer;
   3. The degree of harm resulting from the violation;
   4. The duration of the violation,;
   5. Whether or not the employer made a good faith effort to comply with regulations; and
   6.  Any other factors the court deems appropriate.

   For a second violation licenses are permanently revoked rather than suspended.

3.  Amending state employment law requirements
4.  Establishes requirements of government entities when entering into contracts and of employers to receive state benefits:
   Various situations and circumstances to the law requiring the participation in the E-Verify program are added.
5.  Clarifying confusion surrounding ‘independent contractors’ and redefining related terms:
   
   The terms ‘”independent contractor” and “social security number verification service” are defined. Factors for determining if an individual is an independent contractor are enumerated. In cases of independent contractor, the independent contractor is the employer, not the person that uses the contract labor. “Employee,” “employ” and “employer” are defined.

Emergency Clause: effective May 1, 2008

Statutes amended:  A.R.S. §13-2008, 13-2010, 23-211, 23-212, 23-214
Statutes created:  A.R.S. §23-212.01, 23-215, 23-216, 23-361.01, 41-1080, 41-4401

Court Impact:  The definition of ‘taking the identity of another person’ is expanded to include accepting personal identification information of another person "with the intent of obtaining or continuing employment." (A.R.S. §13-2008(A)) The definition of ‘trafficking in the identity of another person’ is expanded to include the "allowing another person to obtain or continue employment." (A.R.S. §13-2010(A))

The bill adds a class 4 felony for "knowingly accepting the identity of another person" when a person both accepts any personal identifying information knowing that the person is not the identified person and then uses the provided information for work authorization under federal law. A.R.S. §13-2008 (B)

The bill clarifies the definition of employee and excludes independent contractors from the definition. An “independent contractor” is included in the definition of employer. (A.R.S. § 13-2010(C)(4)) A separate definition of independent contractor is added by the bill. The Basic Pilot Program is changed to the E-Verify Program. The bill separates the offenses of “knowingly employing” unauthorized aliens and “intentionally employing” unauthorized aliens.

The bill adds a class 3 misdemeanor for filing a false and frivolous complaint. (A.R.S. § 23-212.01(B))

The bill requires the Attorney General’s Office to post the court orders for employer violation, a list of Arizona employers registered with the federal E-verify program and employers enrolled in the voluntary enhanced compliance program on their websites.

The bill requires an employer with two or more employees that are paid in cash to comply with state laws relating to income tax withholding, employer reporting, employment security (unemployment) and workers' compensation. Failure to comply may result in the Attorney General filing an action in superior court. If the court finds a violation, the court shall order the employer to pay a civil penalty that is equal to treble the amount of all withholdings, payments, contributions or premiums that the employer failed to remit as prescribed by subsection a of this section or five thousand dollars for each employee for whom a violation was committed, whichever is greater. (A.R.S. § 23-361.01(B)) The funds are deposited with the State Treasurer in the general fund. (A.R.S. § 23-361.01(C))

The bill also establishes requirements for government entities when entering into contracts. (A.R.S. § 41-4401)

The changes require the court to update their automation system.

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FORGERY; DROP HOUSE PROPERTY TRANSACTIONS
Rep. Driggs

A new offense, the act of knowingly owning, selling, leasing, or brokering a transaction involving property or real property that will be used as a drop house, is created and classified as a Class 4 felony. There is a defense to prosecution if the person or company that conducted the transaction discovers after the fact that the property is being used as a drop house if the information is reported to a law enforcement agency. The definition of “smuggling of human beings” is expanded to include the use of property or real property by a person or an entity that knows or has reason to know that the person/s transported are not United States citizens, permanent resident aliens or persons otherwise lawfully in this state.

“Drop house” is defined as property or real property used to facilitate smuggling.

Statute amended:  A.R.S. §13-2319
Statute created:  A.R.S. §13-2322

Court Impact:  Defines "drop house" and establishes A.R.S. § 13-2322(A) as a new class 4 felony for knowingly owning, selling, leasing, or brokering a transaction involving property or real property that will be used as a drop house. The change requires the court to update their automation system. Provides a defense if the party discovers the property is being used as a drop hose and reports the fact to law enforcement.

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PUBLIC RECORDS; CPS INFORMATION
Rep. Paton

The list of people to whom CPS information must be provided is expanded to include law enforcement, a prosecutor, and an attorney or guardian ad litem representing a child victim of crime. The list of reasons why information must be provided is expanded to include information to a defendant after a criminal charge has been filed as required by an order of the criminal court. CPS is required to promptly provide information to the public pertaining to child abuse, abandonment or neglect that resulted in a fatality or near fatality.

CPS is required to promptly release any requested information and to consult with the county attorney’s office as to whether or not releasing such information would cause a specific, material harm to a criminal investigation. CPS is prohibited from releasing information if the county attorney demonstrates that release would cause specific, material harm to a criminal investigation or if the release if it would violate federal law, would likely endanger the safety of any person, or would violate the privacy rights of a child victim of crime.

Any person may file an action in superior court if the person believes that the county attorney has failed to demonstrate the specific, material harm to a criminal investigation and request the court to take an in camera review and order disclosure of the information. A person who has been denied CPS information, or is not specifically authorized to obtain information, may bring a special action in the superior court to order the department to release the information. The court must take all reasonable steps to prevent any clearly unwarranted invasions of privacy and protect the privacy and dignity of child victims of crime.

CPS information provided to a legislator pursuant to statute may only be further disclosed as enumerated in statute.

The court may release CPS information to a person not specifically authorized only if it determines that the rights of the parties seeking the information outweigh the rights of the parties who are entitled to confidentiality.

Statute Amended: A.R.S. § 8-807

Court Impact:

Requires information be provided to a defendant after a criminal charge has been filed as required by an order of the criminal court.

Any person may file an action in superior court if the person believes that the county attorney has failed to demonstrate the specific, material harm to a criminal investigation and request the court to take an in camera review and order disclosure of the information. A person who has been denied CPS information, or is not specifically authorized to obtain information, may bring a special action in the superior court to order the department to release the information. The court must take all reasonable steps to prevent any clearly unwarranted invasions of privacy and protect the privacy and dignity of child victims of crime.

A person who has been denied CPS information regarding a fatality or near fatality caused by abuse, abandonment or neglect may bring a special action pursuant to section 39-121.02 in the superior court to order the department to release that CPS information. The department or a person who is not specifically authorized by this section to obtain CPS information may petition a judge of the superior court to order the department to release cps information. The plaintiff shall provide notice to the county attorney, who has standing and may participate in the action. The court shall review the requested records in camera and shall balance the rights of the parties who are entitled to confidentiality pursuant to this section against the rights of the parties who are seeking the release of the CPS information. The court may release otherwise confidential cps information only if the rights of the parties seeking the CPS information and any benefits from releasing the cps information outweigh the rights of the parties who are entitled to confidentiality and any harm that may result from releasing the cps information.

Courts should be aware of the technical change that renumbers A.R.S. § 8-807(S) as A.R.S. § 8-807(T) and A.R.S. § 8-821(H) as A.R.S. § 8-821(G).

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CHILD PROTECTIVE SERVICES; RECORDS; DUTIES
Rep. Paton

In providing services to the child and the family, the court must consider any criminal prosecution relating to the offenses which led to the child’s removal from the home as well as any orders of the criminal court. Such information may be provided by law enforcement or the county attorney.

The list of people to whom CPS information must be provided is expanded to include law enforcement, a prosecutor, and an attorney or guardian ad litem representing a child victim of crime. The list of reasons why information must be provided is expanded to include information to a defendant after a criminal charge has been filed as required by an order of the criminal court. CPS is required to promptly provide information to the public pertaining to child abuse, abandonment or neglect that resulted in a fatality or near fatality.

CPS is required to promptly release any requested information and to consult with the county attorney’s office as to whether or not releasing such information would cause a specific, material harm to a criminal investigation. CPS is prohibited from releasing information if the county attorney demonstrates that release would cause specific, material harm to a criminal investigation or if the release if it would violate federal law, would likely endanger the safety of any person, or would violate the privacy rights of a child victim of crime.

Any person may file an action in superior court if the person believes that the county attorney has failed to demonstrate the specific, material harm to a criminal investigation and request the court to take an in camera review and order disclosure of the information. A person who has been denied CPS information, or is not specifically authorized to obtain information, may bring a special action in the superior court to order the department to release the information. The court must take all reasonable steps to prevent any clearly unwarranted invasions of privacy and protect the privacy and dignity of child victims of crime.

The court may release CPS information to a person not specifically authorized only if it determines that the rights of the parties seeking the information outweigh the rights of the parties who are entitled to confidentiality.

All CPS files, records, reports and other papers compiled are subject to disclosure. CPS training must include knowledge of a child’s rights as a victim of crime. CPS must investigate all complaints of “criminal conduct” formerly “extremely serious conduct.”

For each county, the county attorney, sheriff, chief law enforcement officer and the CPS shall develop, adopt and implement protocols to guide the investigation regarding allegations involving criminal conduct.

Statute Amended: A.R.S. §8-304, 8-541, 8-542, 8-801, 8-802, 8-807, 8-817, 8-821, 8-846

Court Impact: A person who has been denied CPS information regarding a fatality or near fatality caused by abuse, abandonment, or neglect may file a special action (39-121.02) in superior court for release of the information. The department or a person who is not specifically authorized by this section to obtain CPS information may petition a judge of the superior court to order the department to release CPS information. The court must take all reasonable steps to prevent any clearly unwarranted invasions of privacy and protect the privacy and dignity of child victims of crime. CPS is required to provide information to a defendant after a criminal charge has been filed as required by an order of the criminal court. The court shall consider any criminal prosecution relating to the offenses which led to the child's removal from the home and any orders of the criminal court when considering placement or reunification. Information may be provided by law enforcement or the county attorney. The department is not required by this section to disclose CPS information if, in consultation with the county attorney, the county attorney demonstrates that disclosure would cause a specific, material harm to a criminal investigation. Courts should be aware of the effect of this bill that makes technical changes renumbering A.R.S. § 8-807(S) as A.R.S. § 8-807(T) and A.R.S. § 8-821(H) as A.R.S. § 8-821(G). The change requires courts to update their automation system.

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BIOLOGICAL EVIDENCE; RETENTION; PRESERVATION
Sen. Huppenthal

The court is required to order an arrestee to provide fingerprints if the person is arrested for an offense listed in § 41-1750 (C) and arresting authority files a petition alleging the individual refuses to be printed.

The appropriate governmental entity is required to retain all identified biological evidence that is secured in connection with a felony sexual offense or homicide in a condition that is suitable for DNA testing for the amount of time that a person remains incarcerated for the offense or until the completion of the person’s supervised release or for 55 years or until a person is convicted of the crime and remains incarcerated or under supervised release if the case is a cold case. The retained biological evidence must be made available for post conviction DNA testing. Governmental entities are not prohibited from disposing of evidence in cases where a conviction has been obtained after the expiration of the defendant’s sentence.

The discretion of a governmental entity with regards to the conditions under which the biological evidence is retained, preserved or transferred among different entities is not limited. Governmental entities may dispose of bulk physical evidence after the conclusion of the convicted defendant’s direct appeal and first post conviction relief proceeding if no other law requires the biological evidence be retained, the county attorney and the Attorney General agree and written notice is given to the defendant, the victim and any counsel of record.

Statute Created: A.R.S. §13-3890, 13-4221

Court Impact: Courts should be aware of the effect of this bill that establishes A.R.S. §13-3890 that requires the court to order a defendant arrested for an offense enumerated under 41-1750(C) to appear for fingerprinting on petition of the arresting authority or custodial agency stating that the person refused to provide legible fingerprints. The change requires courts to update their automation system. Places restrictions on the disposal of biological evidence.

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BUDGET RECONCILIATION; HEALTH
Rep. Hershberger

In pertinent part, and beginning January 1, 2010, a process of certification is established for persons employed as behavior analysts conducting habilitation for individuals with Autism Spectrum Disorder. The Board of Psychologist Examiners may petition the superior court to enjoin a non-licensed person from practicing behavior analysis or any actions by a licensee that are of immediate threat to the public.

Acts of engaging in behavior analysis without proper licensure, securing a license by fraudulent means, impersonating a board member in order to issue a license, and using any combination of words, initials, or letters in order to give the appearance that one is licensed as a behavioral analyst are criminalized and classified as a Class 2 misdemeanor.

In cases where the state pays the costs of a defendant’s inpatient restoration to competency treatment, HB2275 continues to require Pima County, Maricopa County and all cities to reimburse the Department of Health Services for 86% of the cost for the treatment services in fiscal year 2009.

Statutes Amended: A.R.S. § 32-2065, 36-2901.03, 36-2912
Statutes Created: A.R.S. §36-2912.04, 36-2981.01, 41-3016.28
Statutes Repealed: A.R.S. §41-3008.16

Court Impact: Courts should be aware of the effect of this bill that establishes A.R.S. § 32-2091.12 (A), (B)(1), (B)(2), & (C), as class 2 misdemeanors for acts of engaging in behavior analysis without proper licensure, securing a license by fraudulent means, impersonating a board member in order to issue a license, and using any combination of words, initials, or letters in order to give the appearance that one is licensed as a behavioral analyst. The change requires courts to update their automation system.

Allows the Board of Psychologist Examiner to file a petition in superior court to enjoin a non-licensed person from practicing behavior analysis or any actions by a licensee that are of immediate threat to the public.

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USER FEES; OFF-HIGHWAY VEHICLES
Sen. Linda Gray

In pertinent part, the current off-highway vehicle (OHV) violation section is expanded by making it a Class 3 misdemeanor for a person to drive an OHV:

• Off an existing road, trail or route in a manner that causes damage to wildlife habitat, riparian areas, cultural or natural resources or property improvements
• On roads, trails, routes or areas closed as indicated in rule or by proper posting (if private land)
• Over unimproved roads, trails, routes or areas unless driving on roads, trails, routes or areas where driving is allowed
• In a manner that damages the environment (as specified)

It is also a Class 3 misdemeanor to:

• Fail to drive an OHV on a road, trail, route or area opened as indicated by the governing entity
• Place or remove a regulatory sign governing OHV use, if the person is not authorized to do so.

OHVs are required to be equipped with specific devices relating to safety and noise dissipation. A violation of the equipment requirements is classified as a civil traffic violation. Any person that owns an OHV, all-terrain vehicle or off-road recreational motor vehicle must apply for a license plate for the vehicle.

Statute Amended: A.R.S. § 32-2065, 36-2901.03, 36-2912
Statutes Created: A.R.S. §36-2912.04, 36-2981.01, 41-3016.28
Statutes Repealed: A.R.S. § 28-1171, 28-1174, 28-1175, and 28-1176

Court Impact: A number of restrictions relating to driving off highway vehicles are added to Title 28 Courts should be aware of the effect of this bill that adds A.R.S. § 28-1174A1 as a class 2 misdemeanor, A.R.S. § 28-1174A2-A4, B, C and D as class 3 misdemeanors, A.R.S. § 28-1179A1-A5 and B as civil traffic violations, and A.R.S. § 28-2512A as a civil traffic violation. All (off highway) violations of Title 28, Chapter 3, Article 20 not classified as misdemeanors are civil traffic offenses, see A.R.S. § 28-1181. The changes require courts to update their automation system.

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ACCOMPLICE LIABILITY
Sen. Pesquiera

The definition of accomplice liability is expanded to include any offense that is a natural and probable or reasonably foreseeable consequence of the offense for which the person was an accomplice.

Statute Amended: A.R.S. §13-301, 13-303

Court Impact: Informational, adds language that clarifies when a defendant is criminally accountable as a accomplice to include any offense that is a natural and probable or reasonably foreseeable consequence of the offense for which the person was an accomplice.

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PROBATION; FACILITIES; SAFE COMMUNITIES ACT
SEN. HUPPENTHAL

An earned time credit (ETC) option is established for probation. The court may adjust a probationer’s period of probation for ETC in the amount of 20 days for every 30 days that a probationer meets specific progress-related requirements. Offenders that are on probation for a Class 2 or Class 3 felony, exclusively on probation for a misdemeanor, on lifetime probation or required to register as sex offenders are not eligible for ETC under SB 1476. The ETC option does not affect the ability of the court to terminate probation early pursuant to A.R.S. 13-901 (E). The ETC section of the bill becomes effective January 1, 2009 to allow for rulemaking and is applicable to anyone on probation from and after the effective date of the act (9/26/08).

Fiscal Incentives
Appropriates, beginning in fiscal year (FY) 2011, 40% of the savings achieved by reducing probation revocations resulting in sentences to the Arizona Department of Corrections (ADC) to each county if there is also a reduction in the number of supervised probationers convicted of a new felony offense in that county. SB 1476 outlines the process for calculating the savings and specifies how the appropriated savings must be used. Monies appropriated as savings cannot be used to supplant any other state or county appropriation for probation. A joint report from ADC and the Administrative Office of the Courts containing specific data relating to probation revocations and convictions of new offenses by probationers is due by October 1 of each year and an Auditor General performance audit of the new program must be completed by June 30, 2014.

Statute Amended: A.R.S. §12-267

Court Impact: Allows the court to adjust the time on supervised probation for earned time credit if a probationer; exhibits progress toward the goals and treatment of the probationer's case plan, is current on payments for court ordered restitution and other obligations and is current in completing community restitution. Any credit shall be revoked if a probationer violates a condition of probation. The credit is not available to a probationer; on lifetime probation, on probation for a class 2 or 3 felony, on probation exclusively for a misdemeanor offense or required to register as a sex offender. The Joint Legislative Budget Committee shall annually calculate the cost avoided by reducing the number of people on supervised probation. The legislature shall annually appropriate to the administrative office of the courts forty per cent of any costs that are avoided as calculated to be deposited in the adult probation services fund of each county established pursuant to section 12-267 if there is a reduction in the percentage of people from that county who are on supervised probation and who are convicted of a new felony offense as calculated in subsection a, paragraph 2 of this section. The appropriation may be used to increase the availability of substance abuse treatment programs for probationers, increase the availability of risk reduction programs and interventions for probationers, and for grants to nonprofit victim services organizations to partner with the probation department and the court to assist victims and increase the amount of restitution collected from probationers.

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MILITARY FACILITY; RESERVATIONS; SECURITY
Rep. Nelson

In pertinent part, the crime of “Criminal trespass on a military reservation or facility” is established, a Class 6 felony. The crime is committed when a person knowingly enters or unlawfully remains within a structure or fenced yard of a military reservation or facility. “Military reservation or facility" is defined as any land or facility that is owned or leased by or designated to the Arizona National Guard.

Statute Impacted: A.R.S. §26-102, 41-619.51, 41-1758, 41-1758.01
Statutes created: A.R.S. §13-5001, 13-5002, 26-103

Court Impact: Courts should be aware of the effect of this bill that establishes A.R.S. § 13-5002(A), a class 6 felony, for criminal trespass on a military reservation or facility. The change requires courts to update their automation system.

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SENTENCING; REORGANIZATION
Rep. Farnsworth

The classification and sentencing provisions of the Criminal Code (Title 13, Chapters 6 and 7) are reorganized. Statutes referring to classification of offenses are placed in Chapter 6 and statutes referring to sentencing are placed in Chapter 7. Sentencing statutes are set out in a logical sequence beginning with §13-701.

Related sentencing provisions are grouped in the same statute and unrelated provisions are grouped in separate statutes. Sentencing provisions that require a mathematical deviation from a stated sentence are replaced with a specific sentence set forth in a chart. Virtually all sentences are now written in chart form. Definitions common to multiple statutes in Title 13 are placed in one section (§13-105).

The term, “dangerous offense” is defined. Dangerous offenses and prior offenses are separated in placed in separate statutes. Multiple offenses not committed on the same occasion and exceptional aggravating and mitigating terms (now called aggravated and mitigated) are moved to the same statute as the minimum presumptive and maximum sentences for the particular series of offenses. All misdemeanor sentencing provisions are combined into one statue. Death penalty provisions are combined into one chapter.

Many of the sentencing statutes are renumbered and moved in order to achieve a logical sequence.
There are no substantive or philosophical changes to the sentencing code, with the exception of three minimum or maximum sentences that are rounded.

Statutes Impacted: A.R.S. 8-201, 8-203.01, 8-321, 8-341, 8-348, 8-350, 11-361, 11-459, 12-2703, 13-105, 13-107, 13-501, 13-502, 13-607, 13-610, 13-701,13-702, 13-705, 13-706, 13-707,13-708, 13-709, 13-710, 13-751, 13-752, 13-752, 13-755, 13-901.01, 13-902, 13-905, 13-906, 13-909, 13-910, 13-912.01, 13-921, 13-1104, 13-1105, 13-1204, 13-1207, 13-1212, 13-1304, 13-1307, 13-1404, 13-1405, 13-1406, 13-1410, 13-1411, 13-1414, 13-1417, 13-1423, 13-2308.01, 13-2312, 13-2411, 13-3107, 13-3113, 13-3206, 13-3212, 13-3407, 13-3407.01, 13-3408, 13-3409, 13-3411, 13-3419, 13-3422, 13-3552, 13-3553, 13-3554, 13-3560, 13-3561, 13-3601, 13-3623, 13-3716, 13-3727, 13-3821, 13-3824, 13-3828, 13-3994,13-4032, 13-4501, 13-4511, 13-4515, 15-341, 15-512, 15-550, 20-448, 25-411, 31-281, 31-403, 31-412, 41-1604.08, 41-1604.10, 41-1604.11, 41-1604.13, 41-1604.14, 41-1604.15, 41-1604.16, 41-1609.05, 41-1758.03, 41-1967.01, 41-2814
Statutes Renumbered: A.R.S. §13-604.01, 13-604.02, 13-604.04, 13-609, 13-703, 13-703.01, 13-703.02, 13-703.03, 13-703.04, 13-703.05, 13-704, 13-705, 13-706, 13-708, 13-709 , 13-713, 13-3560,
Statutes Enacted: A.R.S. §13-604, 13-703, 13-704, 13-709.01, 13-709.02, 13-709.03, 13-709.04;
Statutes Repealed: A.R.S. §13-119, 13-604, 13-604.01, 13-604.03, 13-702.01, 13-702.02, 13-711, 13-712, 13-3821

Court Impact: Courts should be aware of the effect of this bill that reorganizes criminal sentencing provisions in Title 13 (Chapters 6 and 7). The bill moves the Sex Offender Monitoring Fund from 13-119 to 13-3121(Q). A technical correction designates 13-3821(J) as a class 6 felony for failure to register. The changes require courts to update their automation system.

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UNLAWFUL PUBLIC SALE OF ANIMALS
Rep. Jim Weiers

In a county with a population greater than 800,000, the public sale of animals is unlawful if the sale takes place on any of the following:

• A public highway, street or park or any public property adjacent to a public highway, street or park.
• Any commercial private property without the express consent of the owner or lessee of the property.

Exceptions are made for retail sales at pet stores, sales by charitable nonprofits organizations, and any rodeo, auction market, county fair, stock show or other sanctioned livestock exhibit event. “Animal” and “pet store” are defined. Violators are subject to a civil penalty not to exceed $50.

Statute Created: A.R.S. §44-1799.71

Court Impact: Allows for a civil penalty for the public sale of animals not to exceed $50 for a violation in a county with a population greater than 800,000.

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