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Chapter 9
SB1021
Effective Date
General
| Item of interest to: |
Superior Court:
Chief Probation Officer
Clerk of the Court
Court Administrator
Clerk
Judge |
Justice Court:
Court Administrator
Clerk
Justice of the Peace |
Municipal Court:
Court Administrator
Clerk
Judge/Magistrate |
| Administrative Office of the Courts |
|
COMMUNITY NOTIFICATION
Sen. Chuck Gray
A conforming change to A.R.S. §13-923 granting the court authority to
continue, defer, or terminate community notification for a sex offender
under the age of 22 who committed the act resulting in notification before
age 18. This is a cleanup from last year’s juvenile sex offender bill (SB
1628) and is not intended to have any substantive effect.
Statute Amended: A.R.S. §13-3825
Court Impact: Technical correction from
last years SB1628.
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Chapter 24
SB1067
Effective Date
General
| Item of interest to: |
Superior Court:
Chief Probation Officer
Clerk of the Court
Court Administrator
Clerk
Judge |
Justice Court:
Court Administrator
Clerk
Justice of the Peace |
Municipal Court:
Court Administrator
Clerk
Judge/Magistrate |
| Administrative Office of the Courts |
|
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Statute repealed: A.R.S. §13-604 as amended by Chapter 287, Laws 2007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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Chapter 78
SB1100
Effective Date
General
| Item of interest to: |
Superior Court:
Clerk of the Court
Court Administrator
Clerk
Judge |
| |
| |
| Administrative Office of the Courts |
|
CPS SERVICES; COURT ORDER
Sen. Landrum-Taylor
Current restrictive language on a family court’s authority to request or
order services from the Division of Children and Family Services is replaced
with more permissive language. The court, not the Department of Economic
Security, must believe a child may be the victim of child abuse or neglect
in order for services to be requested or ordered.
Statute Amended: A.R.S. §25-403.03
Court Impact: Removes the language in
A.R.S. §25-403.03 that prohibited the court from ordering services for a
child the court believed to be the victim of child abuse or neglect through
the Department of Economic Security.
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Chapter 166
HB2601
Effective Date
General
| Item of interest to: |
Superior Court:
Clerk of the Court
Court Administrator
Clerk
Judge |
| |
| |
| Administrative Officer of the Courts |
|
SHORT-TERM CAREGIVERS; FOSTER CHILDREN
Rep. Adams
If a foster parent experiences circumstances that would necessitate leaving
a foster child in the short-term care of another person, the foster parent
is required to:
- Use reasonable judgment in their choice of an adult to provide care
- Notify the Department of Economic Security case manager within twenty-four
hours in a nonemergency situation
- Notify the DES case manager within seventy-two hours in an emergency
situation
A foster parent who is certified to care for a developmentally disabled
child, a child needing special treatment, or a medically fragile child must
implement the alternate care plan approved by DES if the foster parent needs
to leave the child in the care of another person.
Statute created: A.R.S. § 8-511
Court Impact: Informational, requires a
foster parent to notify DES under defined circumstances when leaving a
foster child in the care of another person. Requires the foster parent to
have an alternative care plan approved by DES to provide care to a child
with developmental disabilities, a medically fragile child or a child
receiving treatment foster care when leaving the child in the care of
another person.
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Chapter 168
HB2764
Effective Date
General
| Item of interest to: |
Superior Court:
Clerk of the Court
Court Administrator
Clerk
Judge |
| |
| |
| Administrative Office of the Courts |
|
DEPENDENT CHILDREN; SUCCESSOR PERMANENT GUARDIANSHIP
Rep. Hershberger
A “successor permanent guardianship” is established in the event a
permanent guardian dies or becomes unable or unwilling to care for a child
and allows the permanent guardian, DES or an interested party to file a
motion for appointment. A motion that identifies a potential successor
guardian must be accompanied by an affidavit signed by that individual. The
requirements of the motion necessary procedures for the court and DES are
enumerated.
The court is required to set a date for an initial successor guardianship
review hearing within 30 days after the motion is filed and to appoint an
attorney for the child and the proposed successor guardian if necessary. The
court does not have to appoint an attorney for the parent of the child. The
court is also required to enter temporary orders as required by statute. The
court must order the person filing the motion to give notice of the hearing
and to provide a copy of the motion and the temporary orders, by first class
mail, to the permanent guardian, DES, the child’s attorney, the child’s
parents and any other interested person as ordered by the court.
The age requirement of a child who may object or approve an appointment for
court consideration is reduced from 14 to 12.
The court must set a review hearing within one year if an appointment of a
successor permanent guardian is made. The order appointing the successor
guardian may allow for contact between the child and the natural or adoptive
parents, siblings, and other relatives if it is in the child’s best
interests and the court may require the parent to contribute to the support
of the child and the cost of visitation to the extent of the parent’s
ability.
If the court does not appoint a provisional or a permanent successor
guardian, the court may order DES or the child’s attorney to file a
dependency petition regarding the child and may enter temporary orders if
needed for the safety and well-being of the child. In these cases, the court
may direct DES not to provide reunification services to the child’s parents
unless there is clear and convincing evidence that it would be in the
child’s best interests. A permanent guardian is permitted to advise the
court as to the identity and contact information of a potential successor
guardian.
Statutes amended: A.R.S. §8-814, 8-846, 8-871
Statutes created: A.R.S. §8-874
Court Impact: Allows for procedures for
the orderly transition of a guardianship when a permanent guardian dies or
becomes unable or unwilling to care for a child and allows the permanent
guardian, DES or an interested party to file a motion for appointment.
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Chapter 182
HB2594
Effective Date
General
| Item of interest to: |
Superior Court:
Clerk of Court
Court Administrator
Judge
Clerk |
Justice Court:
Court Administrator
Justice of the Peace
Clerk |
Municipal Court:
Court Administrator
Judge/Magistrate
Clerk |
| Administrative Office of the Courts |
|
CPS; COURT ORDERS
Rep. Adams
Child Protective Service (CPS) workers are
required to make a good faith effort to promptly obtain and abide by
court orders that restrict or deny custody, contact or visitation by
a parent or other person who resides with the child. The CPS worker
must ask the parent, guardian or custodian under investigation if a
current court order exists as part of this effort.
Statute Amended: A.R.S. §8-802
Court Impact: Courts will need to provide CPS with orders that
restrict or deny custody, contact or visitation by a parent or other
person who resides with the child. No contact orders could include
Orders of Protection or Injunctions Against Harassment.
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Chapter 197
SB1440
Effective Date
General
| Item of interest to: |
Superior Court:
Clerk of Court
Court Administrator
Judge
Clerk |
| |
| |
| Administrative Office of the Courts |
|
CHILD DEPENDENCY CASES; PERFORMANCE STANDARDS
Sen. Landrum-Taylor
The Administrative Office of the Court (AOC) is
required to develop judicial performance standards for courts that
handle child dependency cases on or before December 31,2008 and to
conduct a review of the implementation of the standards and the
impact of these standards on the judicial management of child
dependency cases on or before December 31, 2009. The AOC is to
report the findings to the Governor, the Speaker of the House, and
the President of the Senate by February 1, 2010.
Repealed October 1, 2011
Statute Impacted: Session Law
Court Impact: Informational
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Chapter 198
SB1441
Effective Date
General
| Item of interest to: |
Superior Court:
Clerk of Court
Court Administrator
Judge
Clerk |
| |
| |
| Administrative Office of the Courts |
|
FOSTER CARE; EXPEDITED PERMANENCY
Sen. Landrum-Taylor
The list of sufficient evidence for justifiable
termination of a parent/child relationship is expanded to include
circumstances in which a child under the age of three has been in an
out-of-home placement for a cumulative period of six months or
longer and the parent(s) substantially neglected or willfully
refused to remedy the circumstances that necessitated the removal of
the child. Neglect or refusal may include failure to participate in
reunification services offered by the Department of Economic
Security (DES). The court is required to inform all parents at the
preliminary protective hearing of this expanded justification.
The court must determine within six months of
removal if reasonable efforts have been made to provide
reunification services to the parent of the child under the age of
three. The court is prohibited from postponing the permanency
hearing beyond six months unless the party seeking the postponement
shows that the court has already determined or will determine within
six months of the child’s removal that reasonable efforts have been
made to provide reunification services to the parent. At the first
periodic review hearing the court must determine whether the parent
of a child under three years of age substantially neglected or
willfully refused to participate in reunification services.
The right to be heard in any proceeding held with
respect to a child is expanded to include any foster parent,
pre-adoptive parent, or a member of the child’s family with whom the
child is placed or who has been identified as a possible placement
for the child. The court is required to provide notification of this
right at the preliminary protective hearing. At the hearing, if the
child is not returned to the parent or guardian, the court shall
notify a relative of the right to be heard in any proceeding to be
held with respect to the child if a relative is identified as a
possible placement for the child, DES must make reasonable efforts
to place a child in a timely manner.
Statutes Amended: A.R.S. §8-113, 8-533, 8-824,
8-829, 8-847, 8-862
Court Impact: Requires juvenile court to hold a hearing within
ninety days for a child under three years of age or has resided in
the home of the prospective adoptive parent or parents for at least
six months preceding the filing of the petition for adoption on a
petition to remove the child from the prospective adoptive parents
home. Expands the grounds for termination of a parent/child
relationship to include circumstances in which a child under the age
of three has been in an out-of-home placement for a cumulative
period of six months or longer and the parent(s) substantially
neglected or willfully refused to remedy the circumstances that
necessitated the removal of the child.
The court is required to provide notification of
the right to be heard in any proceeding held with respect to a child
including any foster parent, pre-adoptive parent, or a member of the
child’s family with whom the child is placed or who has been
identified as a possible placement for the child at the preliminary
protective hearing.
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Chapter 199
SB1442
Effective Date
General
| Item of interest to: |
Superior Court:
Clerk of Court
Court Administrator
Judge
Clerk |
| |
| |
| Administrative Office of the Courts |
|
DEPENDENT CHILDREN; PLACEMENT; HEARINGS
Sen. Landrum-Taylor
The right to be heard in any proceeding held with
respect to a child is expanded to include any foster parent,
pre-adoptive parent, or a member of the child’s family with whom the
child is placed, and the court is required to provide notification
of this right at the preliminary protective hearing. If a relative
is identified as a possible placement, the court must notify the
relative of the right to be heard in any proceeding with respect to
the child.
Statute Amended: A.R.S. §8-824
Court Impact: The court shall inform a foster parent,
pre-adoptive parent, or a member of the child’s family with whom the
department has placed the child at the preliminary protective
hearing of their right to be heard in any proceeding held. At the
hearing, if the child is not returned to the parent or guardian, the
court shall, if a relative is identified as a possible placement,
notify the relative of the right to be heard in any proceeding with
respect to the child.
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Chapter 276
SB1332
Effective Date
General
| Item of interest to: |
Superior Court:
Chief Probation Officer
Clerk of Court
Court Administrator
Judge
Clerk |
Justice Court:
Court Administrator
Justice of the Peace
Clerk |
Municipal Court:
Court Administrator
Judge/Magistrate
Clerk |
| Administrative Office of the Courts |
|
DNA TESTING; ARREST
Sen. Chuck Gray
The court, at initial appearance, is required to
order a DNA sample be collected if the defendant appears on a
summons and has been charged with an enumerated offense. The change
is intended to eliminate collection of duplicate samples. For
juveniles, the judicial officer at an advisory hearing where the
juvenile appeared on a summons is required to order the juvenile to
report and provide a DNA sample within 5 days to the law enforcement
agency that arrested the juvenile for one of the now clarified
enumerated offenses. If the juvenile does not comply, the court is
required to revoke the juvenile’s release.
Statute Amended: A.R.S. §13-610, 13-3967
Court Impact: Requires the court to order defendants or
juveniles summoned to appear that have been charged with an
enumerated offense to provide a DNA sample to law enforcement within
5 days of the order. If the person does not comply with the order
the court is required to revoke the person's release.
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Chapter 278
HB2453
Effective Date
General
| Item of interest to: |
Superior Court:
Clerk of Court
Court Administrator
Judge
Clerk |
| |
| |
| Administrative Office of the Courts |
|
CHILDREN; OPEN COURT PROCEEDINGS
Rep. Paton
All court proceedings related to dependency,
permanent guardianship and termination of parental rights are open
to the public. The court may close a proceeding for good cause or
open a previously closed proceeding upon request. The factors to be
considered by the court when determining the closure of a proceeding
are enumerated in statute. The court may find an individual in
contempt for disclosure of identifying information of a child,
sibling or parent.
Statute Created: A.R.S. §8-525
Court Impact: Establishes a presumption that court proceeding
related to dependency, permanent guardianship and termination of
parental rights are open to the public. The court must explain to
the parties present that they are prohibited from disclosing any
information that may identify the child and the child's siblings,
parents, guardians and caregivers, and any other person whose
identity will be disclosed during the proceeding. Explain contempt
of court to the attendees and the possible consequences of violating
an order of the court. The court may close the proceeding for good
cause as enumerated in the statute.
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Chapter 279
HB2454
Effective Date
General
| Item of interest to: |
Superior Court:
Chief Probation Officer
Clerk of Court
Court Administrator
Judge
Clerk |
| |
| |
| Administrative Office of the Courts |
|
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).
Back to Top |
Chapter 280
HB2455
Effective Date
General
| Item of interest to: |
Superior Court:
Chief Probation Officer
Clerk of Court
Court Administrator
Judge
Clerk |
| |
| |
| Administrative Office of the Courts |
|
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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Chapter 301
HB2207
Effective Date
Delayed
1/1/2009
| Item of interest to: |
Superior Court:
Chief Probation Officer
Court Administrator
Judge
Clerk
Jury Commissioner/Manager |
Justice Court:
Court Administrator
Justice of the Peace
Clerk |
Municipal Court:
Court Administrator
Judge/Magistrate
Clerk |
| Administrative Office of the Courts |
|
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.
Back to Top |
Chapter 307
HB2701
Effective Date
General
| Item of interest to: |
Superior Court:
Court Administrator
Judge
Clerk |
Justice Court:
Court Administrator
Justice of the Peace
Clerk |
Municipal Court:
Court Administrator
Judge/Magistrate
Clerk |
| Administrative Office of the Courts |
|
COUNTRY GRAFFITI ABATEMENT; PROCEDURES
Rep. Burns
In pertinent part, the court is permitted to
order a parent or guardian of a juvenile to assist in community
restitution if ordered for a second or subsequent graffiti
conviction. The parent or guardian must have knowingly provided the
juvenile with the means to commit the violation and been aware of
the child’s intent.
Statute Amended: A.R.S. §8-341, 11-251, 11-1009
Title(s) Impacted: Title 8 and 11
Court Impact: Allows court to order parents that knowingly
provide the means to commit the violation and who knew the child's
intent to perform community restitution with the child. The
violation must be a second or subsequent violation of 13-1602 for
the provision to apply.
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