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2008 Arizona Judicial Branch End-of Session Legislative Report Cover
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GOVERNMENT
JUVENILE
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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Statute repealed:  A.R.S. §13-604 as amended by Chapter 287, Laws 2007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).

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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.

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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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