CATEGORIES

CATEGORIES

 SB1020

Effective Date
General

SERIOUS OFFENSES; CONSECUTIVE SENTENCING
Sen. Waring

Requires a consecutive sentence if convicted of a felony committed while under the jurisdiction of the Department of Corrections.

Statute(s) Impacted:  13-708

Court Impact:  The court must impose consecutive sentences under the circumstances stated.

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 SB1043

Effective Date
General

THEFT; MEANS OF TRANSPORTATION; AFFIDAVIT
Sen. Chuck Gray

Requires a person reporting a vehicle theft, excluding joyriding, to sign an affidavit provided by law enforcement attesting to the theft.  The affidavit must be signed in person if an officer comes to take the report or be signed, notarized and mailed within seven days if the report is not taken in person.  Removes the stolen vehicle information from the databases of the National Crime Information Center and the Arizona Criminal Justice Information System if the signed affidavit is not received by the appropriate law enforcement agency within 30 days.  The affidavit must indicate that a person who falsely reports vehicle theft may be subject to criminal prosecution.

Statute(s) Impacted:   13-1814

Court Impact:  Informational.

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 HB2052

Effective Date
General

VEHICLE USE; CAUSING DEATH; INJURY
Rep. Biggs

Blends the two versions of A.R.S. §28-672 enacted last year.  Adds A.R.S. §28-857 (A) to the predicate offenses in A.R.S. §28-672. 

Repeals the prior version of §28-672 and sunset date.  Adds A.R.S. §28-857 (A) to predicate offenses in A.R.S. §28-672, Causing serious physical injury or death by a moving violation; A.R.S. §STATUTE28-675, Causing death by use of a vehicle; and A.R.S. §28-676, Causing serious physical injury by use of a vehicle.

Statute(s) Impacted:  28-672, 28-675, 28-676

Court Impact:  Alters the classification of failure to stop for a school bus, under certain circumstances.

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HB2469

Effective Date
General

CONCEALED WEAPONS; PETTY OFFENSE
Rep. Pearce

Reclassifies the failure of a concealed weapon permit holder to present the permit when requested by a law enforcement officer as a petty offense.

Statute(s) Impacted:  13-3112

Court Impact:  Informational.

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SB1084

Effective Date
General

AGGRAVATED ASSAULT
Sen. Chuck Gray

Reorganizes A.R.S. § 13-1204, the Aggravated assault statute.

Statute(s) Impacted: 13-1204

Court Impact:  Reorganizes A.R.S. sec. 13-1204 to clarify the conduct that constitutes aggravated assault and the corresponding penalties.

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SB1126 

Effective Date
General

APPELLATE PROCEEDINGS; VICTIM NOTIFICATION; CONTINUATION
Sen. Chuck Gray

Repeals Laws 2005, Chapter 260 to continue to allow a victim the right to respond to a request for an extension to file a brief in any appellate proceeding or post-conviction relief proceeding for a capital case.

Statute(s) Impacted:  13-4042, 13-4234.01

Court Impact:  Continues a victim's right to respond to a request for an extension to file a brief in any appellate proceeding or post-conviction relief proceeding in a capital case.

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SB1424

Effective Date
General 

AGGRAVATED DOMESTIC VIOLENCE
Sen. Bee

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

Statute(s) Impacted: 13-3601.02

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

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HB2088

Effective Date
General

BADGES; OFFICER PURCHASE; ILLEGAL USE
Rep. Miranda

Expands the offense of wearing a Department of Public Safety (DPS) badge without authority or impersonating a member of DPS with intent to deceive.  Currently this violation applies only to wearing a badge or impersonating a member of the highway patrol.  A violation of the offense is a Class 1 misdemeanor.

Statute(s) Impacted:  41-1713, 41-1754

Court Impact:  Establishes wearing a DPS badge without authority or impersonating a member of DPS with intent to deceive as a class 1 misdemeanor.  Currently this violation applies only to wearing a badge or impersonating a member of the highway patrol.

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HB2323

Effective Date
General

HAZARD DISCLOSURES; REPORTS
Rep. Reagan

Creates a new offense amorphously titled, Representation of legal requirement.  It is unlawful for a third party provider offering a disclosure report pursuant to section A.R.S. § 33-423, having to do with the sale of real property to make certain enumerated representations in marketing materials, contracts or by any other means.  A violation is a Class 1 misdemeanor.

Statute(s) Created:  33-424

Statute(s) Amended:  33-423

Court Impact:  Establishes new class 1 misdemeanors.  Authorizes a civil action with prescribed damages and prosecution for misrepresentations regarding a real estate Hazard Disclosure Report.  The violations stated above are subject to enforcement through private action in a court of competent jurisdiction and to prosecution by the attorney general or the appropriate county attorney.  In addition to any other remedies provided by law, a provider found in violation of the marketing requirements is liable to the receiving party for damages (maximum $2,000 per occurrence).  The court must also award the prevailing party reasonable costs and attorney’s fees.

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HB2734

Effective Date
Delayed
01/01/2008

SEX OFFENDERS; REGISTRATION; ELECTRONIC IDENTITY
Rep. Robson

Beginning January 1, 2008, requires a registered sex offender to provide the sheriff with any required online identifier (defined as any electronic email address information or instant message, chat, social networking or other similar internet communication name) and the name of any website or internet communication service that the offender uses or intends to use.  The offender must confirm the identifier and the name of any website or internet communication service each year and before use of the identifier.  The offender must also notify the sheriff in person or electronically, within 72 hours excluding weekends and legal holidays, of any changes to the identifier or to the name of any website or internet communication service, This information must be provided regardless of whether the offender was required to register the identifier or the name of any website or internet communication service at the offender’s initial registration.

Statute(s) Impacted:  13-3821, 13-3822, 13-3827

Court Impact:  Probation departments will need to continue to ensure that offenders on supervision register and now also will need to ensure that offenders  provide any online identifier, website, and internet communication service.  The bill has a delayed effective date; however the Department of Public Safety is to begin collection of online identifier information no later than ninety days after the bill is enacted. Penalties cannot be imposed until January 1, 2008, but the bill encourages sex offender registrants to submit current online identity information before that date.

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 SB1100

Effective Date
General

REGISTERED NURSE PRACTITIONERS; AUTHORITY
Sen. Allen

In pertinent part, expands the list of eligible persons who may provide the court with a medical statement excusing an individual from jury duty to include a registered nurse practitioner licensed pursuant to Title 32, Chapter 15.

Statute(s) Impacted:  21-202

Court Impact:  Courts must now accept a juror medical excuse statement signed by a registered nurse practitioner (in addition to a physician).  The existing medical excuse form (prepared by the AOC) will be revised to reflect this change.  The form must be added to the Board of Nursing website (in addition to the Arizona Medical Board as currently).

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SB1203

Effective Date
General

VARIABLE GROUP CONTRACTS
Sen. Gorman

Creates the offense of selling or offering for sale a variable group insurance contract without being licensed by the Department of Insurance.  A violation is a Class 2 misdemeanor.

Statute(s) Impacted:  20-2631, 20-2661, 20-2662

Court Impact:  Establishes a new class 2 misdemeanor.

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Chapter 111

HB2077

Effective Date
General

WRIT OF RESTITUTION; CRIMINAL TRESPASS
Rep. Nelson

If a person is found guilty of forcible entry or detainer, the court must notify the defendant that if the defendant is served with a writ of restitution and remains or returns unlawfully on or to the property, the defendant will have committed criminal trespassing in the third degree.  Prohibits any reference to a defendant’s social security number from being contained on a forcible entry and detainer judgment.

Statute(s) Impacted:  12-1178

Court Impact:  Clarifies that conduct in disregard of a writ of restitution constitutes criminal trespass, a class 3 misdemeanor.  Courts must give the defendant notice of this fact in forcible entry and detainer proceedings.  Courts should include this notice on the judgment/minute entry.  Courts shall ensure that the defendant's social security number is not contained on the judgment.

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 HB2750

Effective Date
General

JUSTICES OF THE PEACE; JURISDICTION
Rep. Pearce

Justice of the Peace Courts in a county with a population of more than two million have original jurisdiction over the following actions that occur within the precinct in which the Justice of the Peace is elected:

• Civil actions up to the statutory limit,

• Small claims,

• Civil traffic offenses unless filed by a municipal officer or agent or an officer employed by a law enforcement agency under contract to the municipality for law enforcement services,

• Special detainers,

• Forcible detainers ten thousand dollars or less,

• Misdemeanors, unless filed by a municipal officer in municipal court or consolidated with a felony,

The Superior Court no longer may exercise concurrent jurisdiction with JP Courts over civil actions from $5,000 to $10,000.

Statute(s) Impacted:   22-101, 22-201, 22-301

Court Impact:  May reduce the number of civil filings in Superior Court and increase the number of civil filings in Justice of the Peace Courts throughout the state.  In Maricopa County, may reduce the number of civil and criminal filings in Superior and Municipal Courts and increase the number of civil and criminal filings in Justice of the Peace Courts.

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SB1130

Effective Date
General

COMPETENCY REPORTS; DISCLOSURE
Sen. Chuck Gray

Permits a court to grant access to sealed adult or juvenile competency reports to the Department of Corrections for the purposes of assessment and supervision/monitoring if the individual is in the custody of or is scheduled to be transferred into the custody of the Department.

Statute(s) Impacted:  8-291.06, 13-4508

Court Impact:  Expands the courts' authority to grant access to sealed adult or juvenile competency reports beyond the probation department (currently) now to ADC.

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SB1482

Effective Date
General

PSYCHIATRIC SECURITY REVIEW BOARD
Sen. Waring

Requires the court to sentence defendants found guilty except insane to the Department of Corrections to be placed under the jurisdiction of the Psychiatric Security Review Board and to be committed to a state mental health facility under the Department of Health Services.  The court maintains jurisdictional authority over matters not governed by the Board for the duration of the sentence.  If the Board finds that the person no longer needs ongoing treatment for a mental disease but is dangerous or likely to re-offend, the person shall be ordered to serve the remainder of the sentence in the Department of Corrections.  Defendant retains the right to petition for an appeal for judicial determination within 20 days of the Board’s decision.  The scope of the hearing is limited to whether the person no longer needs ongoing treatment and whether the person has a propensity to reoffend.  The burden of proof is on the defendant by clear and convincing evidence.

Statute(s) Impacted:  13-502, 13-3994

Court Impact:  Establishes new procedures for sentencing and post-conviction proceedings when a person is found guilty except insane.

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 SB1455

Effective Date
Conditional

LOW SULFUR DIESEL FUEL STANDARDS
Sen.  Allen

Identifies additional conduct that constitutes a Class 2 misdemeanor under the existing A.R.S. § 41-2113 relating to the sale of diesel fuel, labeling of diesel fuel dispensers and use of product transfer documents.

Statute(s) Impacted:  41-2083, 41-2083

Court Impact:  Could result in additional misdemeanor filings for violation.  Under current law, the attorney general and the county attorney have concurrent jurisdiction to prosecute violations.

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SB1118

Effective Date
General

VEHICLE ACCIDENTS; MINIMUM REPORTING REQUIREMENT
Sen. Chuck Gray

Increases the classification of Leaving the scene of an accident involving death or personal injury from a Class 4 to a Class 3 felony, except that if a driver caused the accident the driver is guilty of a Class 2 felony.  Increases the classification of Leaving the scene of a damage-only accident from a Class 3 to a Class 2 misdemeanor.

Statute(s) Impacted:  28-661, 28-662

Court Impact:  Also, reclassifies a failure to stop or give information or assistance at the scene of an accident leading to injury that is not serious as a class 5 felony (currently a class 6 felony).

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 SB1131

Effective Date
General

TRAFFIC VIOLATIONS; STATUTE OF LIMITATIONS
Sen. Chuck Gray

Requires a civil traffic violation case to be commenced as follows:

• Within 60 days of an alleged violation if commenced by issuance of a citation,

• Within 60 days of an alleged violation if commenced by filing of a citation and must be served within 90 days from the filing date,

• Within one year of the alleged violation if the alleged violation is under investigation in conjunction with an accident resulting in death (180 days if the accident under investigation does not involve death).

Statute(s) Impacted:  28-1592

Court Impact:  Potential impact to photo enforcement programs due to time limitation for service.

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 SB1229

Effective Date
General

AGGRAVATED DUI; PROBATION; INCARCERATION
Sen. Waring

In an Aggravated DUI case, the time a probationer is on absconder status or the time the person is incarcerated is excluded when determining the 84 month look- back period.

Statute(s) Impacted:  28-1383

Court Impact:  Alters case processing time calculation requirements for Aggravated DUI cases, and may result in additional Aggravated DUI charges.

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SB1323

Effective Date
General

ANTIFREEZE; AVERSIVE OR BITTERING AGENT
Sen. Leff

Requires engine coolant and antifreeze manufactured on or after September 1, 2007 and sold in Arizona on or after January 1, 2008 to contain an aversive or bittering agent to render it unpalatable.  A violation is a Class 3 misdemeanor.

Statute(s) Created:  41-2086

Court Impact:  Establishes a new class 3 misdemeanor, enforceable by the Department of Weights and Measures.

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 SB1331

Effective Date
General

CRIMINAL JUSTICE COMMISSION; POWERS; DUTIES
Sen. Chuck Gray

Transfers administrative responsibilities related to maintaining the Criminal Justice Information System, including rule and policy-making authority, from the Arizona Criminal Justice Commission to the Department of Public Safety.

Statute(s) Impacted:  41-2405

Court Impact:  Informational.

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SB1333 

Effective Date
General

SHOPLIFTING; CONTINUING CRIMINAL EPISODE
Sen. Chuck Gray

Defines a continuing criminal episode for shoplifting purposes as theft of property worth $1,500 or more during at least three separate incidences within a period of three months with the intent to resell the merchandise.  Presumes a person intends to commit shoplifting if an artifice, instrument, container, device or other article is used to facilitate the act.  Repeals the current Class 4 felony for a person who enters a business with an artifice, instrument, container, device or other article to facilitate shoplifting.

Statute(s) Impacted:  13-1805

Court Impact:  Alters the elements of proof in certain shoplifting cases.

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SB1592

Effective Date
General

CONTRACTORS; VIOLATIONS; SALES TAX
Sen. Gould

Requires the court, as a condition of probation, to order a person convicted of a contract license violation to pay any state and local transaction privilege taxes and use taxes associated with the act or omission that constituted the violation.  Expands the list of individuals who may access confidential tax information to include a prosecutor for the purpose of determining taxes owed.

Statute(s) Impacted:  32-1164, 42-2003

Court Impact:  Requires courts to order payment of unpaid taxes for certain misdemeanor contractor license violations.

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SB1628

Effective Date
General

YOUTHFUL SEX OFFENDERS; TREATMENT
Sen. Johnson

Requires a sex offender placed in a treatment program by order of a court or a probation department to be placed with offenders of similar age and maturity level if group treatment is prescribed by the provider.  A mental health treatment program must comply with the professional code of ethics from the Association for the Treatment of Sexual Abusers and can not include images in violation of Title 13, Chapters 35 and 35.1.  Sex offender is defined as a person 21 years of age or younger, who is convicted or adjudicated of an offense in violation of Title 13, Chapters 14 or 35.1 that does not involve a deadly weapon or dangerous instrument.

Requires the court to hold a hearing to determine if jurisdiction of the criminal prosecution of a juvenile prosecuted as an adult pursuant to A.R.S. §13-501 (B) for a Title 13, Chapter 14 or 35.1 offense should be transferred to the juvenile court on either motion of the juvenile or the court or if the juvenile is being prosecuted for an offense that was committed more than twelve months before the date of the filing.  The juvenile must be transferred to the juvenile court if the court finds by clear and convincing evidence that doing so would best serve the public safety and the rehabilitation of the juvenile.  Outlines the determining factors that must be considered.  The court must make a written determination regarding transfer to the juvenile division and is prohibited from deferring the decision.  On transfer, the court must order that the juvenile be taken to the juvenile court, a court-designated place of detention, or released to the custody of the juvenile’s parent or legal guardian who must then bring the juvenile to appear before the juvenile court at a designated time.

Requires the court to conduct a probation review hearing at least once a year upon request of a probationer who is under 22 years of age and committed an offense for which sex registration is required prior to age 18.  The court must consider whether to continue, modify or terminate probation, registration and community notification.  The probation department supervising the individual must prepare a report prior to the hearing and make the report available to listed individuals.  Conforming language in the registration statute, but not in the community notification statute.

Statute(s) Impacted:  13-3821

Statute(s) Created:  8-350.01, 13-501.01, 13-923

Court Impact:  The court must carry out the specific requirements for placing certain sex offenders in mental health treatment programs; transferring juveniles being prosecuted as adults for specific sexual offenses to the juvenile court; and conducting annual probation review hearings for certain probationers set forth in this bill.

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 HB2016

Effective Date
General

MATERIAL WITNESS; RELEASE; DETENTION; DEPOSITION
Rep. McClure

Permits the court in a human smuggling case to order a person be temporarily detained if it is shown that the person’s immigration status may make it impracticable to secure presence by a subpoena.  The testimony of the person must be material and the person must be treated according to the bailable release provisions.  Prohibits the witness from being detained for more than 24 hours unless an affidavit is filed with the court.  The release of the material witness may be delayed for a reasonable period of time until a deposition can be taken.  The witness may be detained for up to seven days after entry of the order, however, the examination must be completed if reasonably feasible and the person may be released.  On the motion of any party or a detained material witness, the court may order the examination, by oral deposition, of the material witness unless the material witness is the defendant or a victim excluded pursuant to the Arizona Rules of Criminal Procedure.  A material witness must be kept physically separate or segregated from a person charged with or convicted of a criminal offense.  A juvenile witness may be detained in a juvenile facility or, if otherwise permissible, a jail pursuant to A.R.S. § 8-305.

Statute(s) Created:  13-4085

Court Impact:  The court may order the temporary detention of a material witness in a criminal proceeding involving human smuggling, under certain circumstances.

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HB2314

Effective Date
Emergency
 05/08/2007

SCRAP METAL DEALERS; RECORDS
Rep. JP Weiers

In pertinent part, expands the offense of Aggravated criminal damage to include intentionally or recklessly defacing, damaging or tampering with any utility or agricultural infrastructure or property, construction site or existing structure for the purpose of obtaining nonferrous metals.  Establishes penalties as follows:

• Class 3 felony if cost of damage exceeds $10,000

• Class 4 felony if cost of damage is greater than $1,500 but not more than $10,000

• Class 5 felony for all other damages

Statute(s) Impacted:  13-1604, 44-1642, 44-1644, 44-1646

Statute(s) Created:  44-1647

Court Impact:  The damage amount for the aggravated criminal damage charge includes the cost of loss of crops and livestock.  The bill also expands the transaction record-keeping and reporting requirements for scrap metal dealers, including that reporting shall now be to the Department of Public Safety instead of the local law enforcement agency.  Violation of the reporting requirements continues to be a class1 misdemeanor under existing A.R.S. sec. 44-1644(D).

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HB2391

Effective Date
General

SPIRITUOUS LIQUOR; OMNIBUS
Rep. Crandall

In pertinent part, classifies the act of knowingly admitting an underage person into a bar as a Class 1 misdemeanor.  Authorizes the court to suspend the driving privilege of a person less than 18 years of age for a maximum 180 days upon conviction of buying, possessing or consuming spirituous liquor.

Statute(s) Impacted:  4-101, 4-202, 4-205.02, 4-213, 4-241, 4-243.02, 4-244, 4-246, 28-3309, 28-3320

Court Impact:  Establishes a new class 1 misdemeanor and modifies the penalties for certain alcohol-related offenses by a minor.  Makes the violations currently listed in statute (A.R.S. sec. 28-3309) the maximum penalties for underage persons who are convicted of using a false identification.

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HB2694

Effective Date
General 

RACING; PARI-MUTUAL WAGERING
Rep. Mason

Creates the offense of accepting a wager or betting on a race that is placed outside an Arizona authorized wagering facility.  Wagers made by an individual in this state are assumed to have occurred within this state.  A violation is a Class 6 felony.

Statute(s) Impacted:  5-112

Court Impact:  Informational.  Enforcement shall be by the Department of Racing and the Arizona Attorney General.

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 SB1252

Effective Date
General

EXTREME DUI; SENTENCE
Sen. Waring

In an Extreme DUI, removes the ability of the court to suspend any portion of the minimum required jail sentence.  Authorizes the court after a first conviction to order a person not to consume alcohol for 30 days or more through continuous alcohol monitoring or twice daily alcohol testing.  Following a second or subsequent Extreme DUI, the court may order a person not to consume alcohol for 90 days or more through continuous alcohol monitoring or twice daily alcohol testing.

Statute(s) Impacted:  9-499.07, 11-459, 28-1382

Court Impact:  Removes the authority of the court to suspend any portion of the jail time for a first or second offense Extreme DUI.  The court may require compliance with an order not to consume alcohol be demonstrated through continuous monitoring or twice daily testing.

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SB1434

Effective Date
Delayed
 01/01/2008

JURY; COMMISSIONER DUTIES; JUROR SELECTION
Sen. Chuck Gray

Jurors must be summoned countywide unless an alternative plan is adopted.  Courts wanting to adopt an alternative plan must submit a summoning plan to the Supreme Court or the presiding judge of the county for approval.  Alternate procedures for summoning jurors to superior courts with multiple court locations may include dividing counties into jury districts or using a countywide method that minimizes the distance a prospective juror must travel.  All summoning plans must pass constitutional muster.  The plan must also provide for a summoning of jurors from a fair cross-section of the community.  Requires a judge or jury commissioner to notify a prospective juror if the juror has been permanently excused from jury duty.  Makes a number of changes to the procedure for summoning and selecting jurors to maintain pace with current practices and technologies.

Statute(s) Impacted:  9-823, 12-1176, 21-131, 21-201, 21-202, 21-223, 21-313, 21-314, 21-315, 21-331, 21-332, 21-334, 21-336.01, 21-402, 21-404, 21-406, 21-417, 21-423, 21-428, 22-320

Statute(s) Created:  21-101, 21-132, 21-301, 21-302, 21-311, 21-312, 21-404

Statute(s) Repealed:  21-101, 21-311, 21-312, 21-316, 21-317, 21-318, 22-426

Court Impact:  Makes substantial changes to jury management procedures, bringing statute in line with modern practices, including the use of jury management software.  Jury commissioners and jury personnel at all court levels will need to be aware of the revised statutory requirements and responsibilities in the area of jury management.

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 HB2756

Effective Date
General 

VICTIMS’ RIGHTS; FREE POLICE REPORTS
Rep. Garcia

Requires a law enforcement officer in the initial victim rights contact to notify a victim of the right to a free copy of the police report, if the investigation is for a Part 1 offense.

An employer, who has 50 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of that employer, must allow an employee who is a victim of a crime to leave work to obtain an order of protection, injunction against harassment or other injunctive relief.

Statute(s) Impacted:  13-4405, 13-4439

Court Impact:  Adds "a court order the employee is subject to or any other proper documentation" to the list of documents the employee must provide the employer before the employee may leave work.  Prohibits the employer from denying any privileges of employment because an individual exercises the right to leave work under the provisions of the statute (A.R.S. sec. 13-4439(A)).  Courts (as employers) must follow the requirements of this bill with regard to an employee who is a victim of a crime.

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 HB2726

Effective Date
General

COMMUNICATION SERVICE RECORDS; UNAUTHORIZED USE
Rep. Farnsworth

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

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

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

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SB1555

Effective Date
General

RESIDENCY RESTRICTIONS; SCHOOLS; CHILD CARE
Sen. Tibshraeny

Prohibits a person convicted of a Dangerous crime against children who is required to register as a sex offender and who is a level three sex offender from residing within 1,000 feet of any school or child care facility.  Restricts cities, towns and counties from enacting ordinances calling for greater distance restrictions.  Does not apply to a minor, person on probation, a person who has established residency prior to the effective date of the act or before a new school or child care facility is located and a person whose civil rights were restored or who has not been convicted of a subsequent offense in the previous ten years, excluding incarceration time.  A violation is a Class 1 misdemeanor.

Statute(s) Created:  13-3726

Court Impact:  Courts and probation officers should be aware of this residency restriction directed at certain persons convicted of dangerous crimes against children.

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HB2387

Effective Date
General

COUNTY TREASURER; PROCEDURES
Rep. Konopnicki

In pertinent part, creates an offense, Disclosure of confidential information, knowingly disclosing confidential taxpayer information by any person including a current or former county treasurer employee.  A violation is a Class 6 felony.

Statute(s) Created:  11-505, 11-645

Court Impact:  Establishes a new class 6 felony.

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 SB1029

Effective Date
General

DUI; 0.20 CONCENTRATION ENHANCEMENT
Sen. Waring

Requires a person convicted of a first DUI (A.R.S. §28-1381) to have an ignition interlock device installed pursuant to A.R.S. §28-3319 for a minimum of 12 months.  The court may order the individual to have the device for longer than 12 months.

Requires a person convicted of Extreme DUI with a Blood Alcohol Concentration of .20 or more to be sentenced to serve not less than 45 consecutive days in jail.  The person is not eligible for probation or suspension of execution of sentence unless the entire sentence is served.  Requires the person to pay a fine of not less than $500 and use an ignition interlock device pursuant to A.R.S. §28-3319 for 18 months.

Requires a person convicted of an Extreme DUI with a Blood Alcohol Concentration of .20 or more with a prior DUI conviction within 84 months to be sentenced to 180 days in jail, 90 of which must be served consecutively.  The person is not eligible for probation or suspension of execution of sentence unless the entire sentence has been served.  Requires the person to pay a fine of not less than $1,000 and use an ignition interlock device pursuant to A.R.S. §28-3319 for 24 months.

Note, contrary to Chapter 195, this chapter does not prohibit suspension of a portion of the minimum sentence for an Extreme DUI with a BAC of below .20.

Statute(s) Impacted:  28-1381, 28-1382, 28-3319

Court Impact:  Requires specific, increased penalties for conviction of DUI.

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HB2067

Effective Date
General

CRITICAL INFRASTRUCTURE; INFORMATION; PENALTY
Rep. Nelson

Creates a new offense for a county, city, town, school district or tribal law enforcement agency employee to knowingly divulge critical infrastructure information contained in and protected by the statewide system.  A violation is a Class 5 felony.

Statute(s) Impacted:  41-1801, 41-1803

Statute(s) Created:  41-1805

Court Impact:  Establishes a new class 5 felony.

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HB2200

Effective Date
General

CONTRACTORS; REQUIREMENTS; CONSTRUCTION CONTRACTS
Sen. Leff

Adds recklessly (currently only knowingly) conspiring with a licensed or unlicensed person with the intent to evade the laws pertaining to construction contractors as prohibited conduct.  A violation is a Class 1 misdemeanor.

Statute(s) Impacted:  32-1154, 32-1155, 32-1158

Court Impact:  Informational.

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SB1014

Effective Date
Emergency
05/24/07

UNAUTHORIZED USE; SOLDIER’S NAME; PICTURE
Sen. Waring

Establishes a right of publicity regarding the commercial use of a soldier’s name, portrait or picture without consent and establishes a violation of that right as a Class 1 misdemeanor.  Consent must be obtained from the soldier or soldier’s spouse, immediate family member or trustee if the soldier is a minor; consent from a legally designated representative must be obtained if the person is using the name, portrait or picture for advertising goods, soliciting patronage or receiving consideration for the sale of merchandise.  Allows any person injured by the unauthorized use of the name, portrait or picture of a deceased soldier to bring a civil action against the person who committed the violation.  Provides some exemptions.

Statute(s) Created:  12-761, 13-3726

Court Impact:  Establishes a new class 1 misdemeanor and civil liability.  The civil remedy may include injunctive relief, treble damages, punitive or exemplary damages, attorney fees and costs.

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SB1483

Effective Date
 General

AMUSEMENT  RIDES; SAFETY
Sen. O’Halleran

Creates a new offense, knowingly disclosing records retained by counties and municipalities regarding amusement park safety A violation is a Class 3 misdemeanor.  The records are not subject to public inspection and may only be disclosed on written consent of the owner, on receipt of a court order, or if required by law.

Statute(s) Created:  44-1799.61, 44-1799.62, 44-1799.63, 44-1799.64

Court Impact:  Establishes a new class 3 misdemeanor.

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HB2040

Effective Date
General

RESIDENTIAL MORTGAGE FRAUD
Rep. Anderson

Enacts the crime of Residential Mortgage Fraud, a Class 2 or 4 felony.  Defines Residential Mortgage Fraud as any of the following:

• Knowingly making, using or facilitating the use of any deliberate misstatement, misrepresentation or material omission during the mortgage lending process that is relied on by a mortgage lender, borrower or other party to the mortgage lending process,

• Receiving any proceeds or other monies in connection with a residential mortgage that the person knows resulted from the knowing use of or facilitation of the use of a deliberate misstatement, misrepresentation or material omission,

• Filing or causing the filing with the office of the county recorder of any residential mortgage loan document that the person knows to contain a deliberate misstatement, misrepresentation or material omission.

Statute(s) Created:  13-2320

Court Impact:  Establishes new felony offenses for residential mortgage fraud.

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HB2342

Effective Date
Emergency
06/13/2007

UNLAWFUL SEXUAL CONDUCT INVOLVING PRISONERS
Rep. Burns

Expands the definition of child prostitution to include a person engaging in the act of prostitution with a minor and adds child prostitution to the list of serious offenses defined under A.R.S. § 13-604.

Requires any sentence imposed on a defendant convicted of sex trafficking of a minor or child prostitution with an individual who is 15, 16 or 17 years of age to run consecutively to any other sentence imposed on the defendant at any time.  If a person engaging in an act of prostitution is convicted and the minor is 15, 16 or 17 years of age, a judge imposing a term of probation must order as an initial term of probation that the defendant be imprisoned in the county jail for not less than 30 days.              

Establishes the offense of Engaging in child prostitution with a peace officer posing as a minor, a Class 3 felony.  Provides an enhanced sentence similar to a dangerous offense for enumerated child prostitution offenses.     

Modifies the current defense for child prostitution by making it applicable only to a person who engages in prostitution with a minor who is 15, 16 or 17 years old if the person could not reasonably have known the age of the minor.       

Expands the definition of a Dangerous Crime Against Children to include Luring a minor for sexual exploitation and prescribes sentencing ranges.        

Expands the list of persons prohibited from engaging in unlawful sexual conduct with prisoners and decriminalizes the act of a prisoner engaging in sexual conduct with a corrections employee.

Statute(s) Impacted:  13-604, 13-604.01, 13-1307, 13-1419, 13-3211, 13-3212, 13-3213, 13-3554, 31-412, 41-1604.11, 41-1604.13

Court Impact:  Modifies definitions, mandates specific penalties, and alters a particular defense for certain sex-related criminal offenses.

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HB2787

Effective Date
General

BUDGET RECONCILIATION; CRIMINAL JUSTICE
Rep. McComish, Sen. Burns

In pertinent part, requires a county to pay 61.5% of the compensation of a justice of the peace, including ERE, except that the county must pay the full amount of the employee’s contribution to ASRS or any county health plan. 

Effective January 1, 2008, law enforcement is required to secure a sample for DNA testing from any person arrested for certain enumerated offenses.  If a judicial officer releases a person charged with any of the offenses on the person’s own recognizance or on bail, the judicial officer must order the person to report within five days to law enforcement to provide a sample for DNA testing purposes.

Requires the court to revoke the person’s release if a sample is not provided within five days. 

Permits a person who provides a sample under this law to petition the court to order the person’s DNA profile and sample to be expunged from the Arizona DNA Identification System provided criminal charges are not filed within the appropriate period of time or are dismissed, or if the person is acquitted at trial.  There is an exception preventing the person from being eligible to petition the court if arrested or charged with another offense that would require DNA testing or if convicted of another offense that requires DNA testing.  Removes the provision permitting a person convicted of a felony designated as a misdemeanor to petition the court for the removal of the DNA profile.

Increases the surcharge collected for deposit into the Arizona DNA Identification System Fund from 3% to 7% until December 31, 2011, at which point the surcharge is decreased to 6%.

Statute(s) Impacted:  12-116.01, 13-610, 13-2314.01, 13-3967, 38-886.01, 41-191.09

Court Impact:  Bail/bond amounts, bond cards, surcharge schedules, and local court enhancement fees will need to be modified to reflect the surcharge change.  A judicial officer who releases a person charged with certain enumerated offenses on bail or on the person's own recognizance must order the person to report for DNA testing within 5 days.  Courts must revoke the release of a person who does not comply.  Courts may begin to see petitions for the expungement of DNA results filed.

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HB2136

Effective Date
General

CONTROLLED SUBSTANCES; MONITORING PROGRAM
Rep. Stump

Creates a Controlled Substances Prescription Monitoring Program (CSPMP), provides civil immunity to entities that comply with the reporting requirements of the CSPMP, and establishes the following:

• Failure to report required information to the CSPMP as a Class 2 misdemeanor

• Knowingly failing to report required information as a Class 1 misdemeanor

• Knowingly reporting information to the Board that is known to be false or fraudulent as Class 6 felony

• Knowingly disclosing information maintained by the Board pursuant to the provisions of the CSPMP for an illegitimate purpose as a Class 6 felony

Statute(s) Impacted:  32-1907, 36-2522, 36-2525

Court Impact:  Establishes new misdemeanor and felony violations.  Courts may be asked to make a specific finding of malice or criminal intent against an entity in possession of information pursuant to the Controlled Substance Prescription Monitoring Program (CSPMP).  The CSPMP will track the prescribing, dispensing, and consumption of controlled substances dispensed by a medical practitioner or pharmacy.

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 HB2753

Effective Date
General

VEHICLE IMPOUNDMENT AND IMMOBILIZATION
Rep. Pearce

In pertinent part, requires an impounding agency to allow access to the owner of a vehicle for the purpose of inspecting it for damage or to a representative of an ignition interlock device company seeking to remove the device.  An agency is prohibited from charging a fee for the access.  Failure to allow access is a Class 2 misdemeanor.  An owner who does not inspect the vehicle prior to the removal of the device creates a rebuttable presumption that any damage to the vehicle did not occur while in possession of the impounding agency.  Does not create a cause of action against an impounding agency for allowing access to a representative of an ignition interlock device company.  An individual who violates an agreement to prevent an unlicensed driver from operating a vehicle or a lending entity who releases a vehicle to an owner in violation of statute is subject to a minimum civil penalty of $250.

Statute(s) Impacted:  28-3511, 28-3512, 28-3513, 28-3514, 28-3815, 41-1752

Statute(s) Created:  28-4848

Court Impact:  Justice courts will need to be familiar with the changes to existing statutes, regarding the impoundment and immobilization of motor vehicles operated by persons who do not have a valid driving privilege, in order to properly conduct an immobilization or poststorage hearing to determine the validity of the immobilization or storage.

Generalizes the existing, specific driver’s license suspensions and revocations that will result in vehicle impoundment or immobilization to now simply include any driver’s license suspension or revocation, for whatever reason; the driver cannot produce evidence of ever having a valid license or permit issued by another jurisdiction; failure to have a required ignition interlock device.  Eliminates the exemption from vehicle impoundment for a minor driving a parent’s or guardian’s vehicle when the minor has consumed alcohol.  Requires proof of a rental agreement, effective on the date of impoundment, if the owner is in the business of renting vehicles and is requesting release prior to the end of the 30-day impoundment period.  Clarifies that the spouse or any other vehicle owner requesting vehicle release prior to the end of the 30-day impoundment period had to be listed on the Department of Transportation’s (DOT) records as an owner at the time of impoundment.  Provides that if a spouse or vehicle owner requests release of the vehicle before the end of the 30-day impoundment period and enters into an agreement with the impounding agency prohibiting operation of the released vehicle by an unlicensed driver, the spouse or other owner will be ineligible for early release of the vehicle if it is subsequently impounded within one year.  Adds "a valid salvage or dismantle certificate" to the proof of ownership documents necessary for release of a vehicle.  Requires proof of motor vehicle liability insurance as a condition of releasing the vehicle.  Clarifies that an owner in the business of renting vehicles, a motor vehicle dealer, or a financial institution that requests the release of a vehicle must pay administrative charges to the impounding agency.  Specifies that the person requesting release of the vehicle on behalf of a rental company or financial institution cannot be the person who was operating the vehicle at the time of impoundment. 

States that a person to whom a vehicle has been released, other than an owner, identified in the DOT's records as having an interest in the vehicle,  (e.g. a rental car company, motor vehicle dealer or financial institution) cannot return the impounded vehicle to the person who was operating the vehicle at the time of impoundment unless the vehicle owner or owner’s agent presents a valid driver’s license, current vehicle registration or salvage or dismantle title and evidence of a motor vehicle liability policy.  Violation constitutes a civil traffic violation, subject to a civil penalty of $250.

Establishes a new civil traffic violation, subject to a civil penalty of $250, for a person who enters into an agreement with the impounding agency for early release of the vehicle who then allows a person to operate the vehicle in violation of the agreement.

Alters the time from five working days to five business days within which a justice court must conduct a post storage hearing after receiving a hearing request.  Limits the time to within ten days after the date on the notice of impoundment that a vehicle owner, spouse or other person may request a post storage hearing.  Specifies that a person is entitled to only one post storage hearing with either the impounding agency or a justice court, but not both.

Establishes a new class 2 misdemeanor for a towing company, storage yard, facility or person that has physical possession of a vehicle who refuses access or charges a fee during normal business hours to an ignition interlock device manufacturer or installer or a person who is listed as a lien holder on the DOT’s records for the purpose of removing an interlock device from the vehicle or assessing the vehicle’s condition.

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Chapter 279

HB2779

Effective Date
(See Summary)

FAIR AND LEGAL EMPLOYMENT ACT
Rep. Pearce

Expands the provisions of the crime, Aggravated taking the identity of another person or entity, to include the act of knowingly committing identity theft with the intent to obtain employment.  Decreases the number of stolen identities necessary to constitute the crime from five to three or more persons.

Beginning January 1, 2008, employers are prohibited from intentionally (as defined in A.R.S. §13-105) employing an unauthorized alien or knowingly employing an unauthorized alien (as defined in 8 U.S.C. §1324a).  Requires the Attorney General or appropriate county attorney to conduct an investigation upon receipt of a complaint that an employer allegedly intentionally or knowingly employs an unauthorized alien.

Filing a frivolous complaint is a Class 3 misdemeanor.

The investigating body must verify the work authorization of the alleged alien with the federal government and notify federal immigration and local law enforcement agencies of any unauthorized alien.  Each county attorney is charged with bringing an action in superior court against an employer following an investigation or upon direction of the Attorney General.  Requires the superior court to expedite any action, including assigning a hearing at the earliest possible date.

For a first violation of knowingly employing an unauthorized alien, the court must order the employer to terminate employment of all unauthorized aliens and direct the appropriate agencies to suspend any business licenses held by the employer unless a signed sworn affidavit is filed with the county attorney within three business days.  The affidavit must state that the employer has terminated the employment of all unauthorized aliens and will not intentionally or knowingly employ an unauthorized alien.  Upon filing of the affidavit, any suspended licenses are to be automatically reinstated unless otherwise directed by the court.  The court may order the suspension of the licenses for a period not to exceed ten business days and must order the employer to be subject to a three-year probationary period.  During this time, quarterly reports for each new hire must be filed with the county attorney for the location where the unauthorized alien performed work.

For a first violation of intentionally employing an unauthorized alien, requires the court to order the employer to terminate the employment of all unauthorized aliens and direct the appropriate agencies to suspend any licenses held by the employer necessary to conduct business until a signed sworn affidavit is filed with the county attorney.  The court must order the suspension of the licenses for a minimum of ten business days and order the employer to be subject to a five-year probationary period.  During this time, quarterly reports for each new hire must be filed with the county attorney for the location where the unauthorized alien performed work.

Enumerates factors the court must consider before determining the length of suspension of an employer’s business licenses.

For a second violation of intentionally or knowingly employing an unauthorized alien during the respective probationary periods, the court must order the appropriate agencies to permanently revoke an employer’s business licenses.  Requires the Attorney General to keep copies of all court orders related to the knowing or intentional hiring of unauthorized aliens, make the orders available on the AG website and maintain a database of employers found to be in violation of a related court order.

Prohibits the court from considering anything other than the federal government’s determination in finding that the employee is an unauthorized alien.  Restricts the court’s determination of an individual as an unauthorized alien to that of the federal government’s and allows the court to request verification of such from the federal government.  The federal determination provides a rebuttable presumption as to an individual’s lawful status.

Statute(s) Created:  23-211, 23-212, 23-213, 23-214

Statute(s) Amended:  13-2009

Court Impact:  Makes substantial changes to the license eligibility of employers in Arizona and verification of the employment eligibility of employees of which courts will need to be aware due to revocation requirements.  The term "license" is defined broadly to include any agency permit, certificate, approval, registration, charter or similar form of authorization that is required by law and that is issued by any agency for the purposes of operating a business in this state.  Also establishes a new class 3 misdemeanor.  The AOC is working to identify any Rules and procedures that will need to be modified/created for implementation of this legislation.

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SB1099

Effective Date
General 

REVISED UNIFORM ANATOMICAL GIFT ACT
Sen. Allen

Establishes a Class 6 felony for the act of intentionally falsifying, forging, concealing, defacing or obliterating the following:

• A document of anatomical gift

• An amendment or revocation of anatomical gift

• A refusal of anatomical gift

Statute(s) Impacted:  28-3006

Statute(s) Created:  36-841 through 36-863

Court Impact:  Informational.  Establishes a new class 6 felony for certain conduct in violation of the Revised Uniform Anatomical Gift Act.

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SB1134

Effective Date
General

BAD CHECKS; CLASSIFICATION
Sen. Arzberger

Classifies issuing a bad check in excess of $5,000 as a Class 6 felony if the person fails to pay the full amount of the check and any interest and fees within 60 days of receiving notice of the bad check.

Statute(s) Impacted:  13-1807

Court Impact:  Establishes a new class 6 felony for issuing a bad check in the amount of $5,000 or more unless paid in full, as stated.

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SB1222

Effective Date
General

CRIMINAL STREET GANGS; MEMBERSHIP; SENTENCING
Sen. Linda Gray

Increases the presumptive term of incarceration for a person convicted of Committing a felony with the intent to promote, further or assist criminal conduct by a criminal street gang by five years if the offense is a Class 2 or Class 3 felony. 

Allows the court to increase the presumptive sentence for a felony committed within a school zone by up to five years if the individual is a member of a street gang. 

Increases the classification for Threatening or intimidating another person in order to promote, further or assist a criminal street gang, criminal syndicate or racketeering enterprise from a Class 4 to a Class 3 felony. Threatening and intimidating by a criminal street gang member is reclassified from a Class 1 misdemeanor to a Class 6 felony.

Shoplifting if done to promote, further or assist any criminal street gang or criminal syndicate is a class 5 felony.

Establishes the offense, Participating in (Class 2 felony) or Assisting (Class 3 felony) a criminal street gang, separating those provisions from the offense of Participating in or assisting a criminal syndicate.

Allows the use of a common name or identifying sign or symbol to be used to prove the existence of the gang or membership in the gang. 

Creates the offenses of Obstructing a criminal investigation and prosecution with the intent to further, promote or assist a gang and hindering prosecution with the intent to further, promote or assist a gang, class 3 felonies.

The Department of Public Safety may enter into a contract with a qualified vendor to provide data monitoring and an alert system for criminal street gang members and registered sex offenders.

In a bail hearing, proof that a person is a criminal street gang member may give rise to the inference that the person poses a substantial danger to another or the community and no condition or combination of conditions of release may be imposed to reasonably insure the safety of a person or community.

Statute(s) Impacted: 13-604, 13-609, 13-1202, 13-1805, 13-2308, 13-2409, 13-2512

Statute(s) Created:  13-2321, 13-3829

Court Impact:  Courts will need to be aware of the increased penalties for various offenses when the person charged is a criminal street gang member or when the offense involves promoting, furthering or assisting a criminal street gang.  Courts must also be aware that, in a bail hearing, proof that the person is a criminal street gang member may give rise to the inference that the person poses a substantial danger to another person or the community and that no condition or combination of conditions of release may be imposed that will reasonably assure the safety of the other person or the community.

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SB1265 

Effective Date
General 

BAILABLE OFFENSES; ILLEGAL IMMIGRATION
Sen. Linda Gray

Requires a law enforcement agency to inquire of a person and determine the person’s country of citizenship within 24 hours of the person being brought to the agency for incarceration.

Sets the standard of proof as to whether a person has entered or remained in the United States illegally for the purposes of being held without bail pursuant to Article II, Section 22 of the Constitution and A.R.S. §13-3961 at probable cause.  Mandates the court consider certain enumerated factors in making a determination that a person entered or remained in the country illegally.

The initial determination of whether an offense is bailable pursuant to A.R.S. §13-3961(A) must be made by the judicial officer at the initial appearance. 

The prosecutor must provide reasonable notice and an opportunity for victims and witnesses to be present and be heard at a hearing subsequent to the initial appearance to determine if a person charged with a felony poses a substantial danger or engaged in conduct constituting a violent offense and therefore should be held without bond as provided in A.R.S. §13-3961(D) and (E), formerly A.R.S. §13-3961(C) and (D).

Statute(s) Impacted:  13-3906, 13-3961

Court Impact:  Courts must follow the Arizona Rules of Criminal Procedure, as recently modified by the supreme court, for cases that fall within the provisions of SB1265 and Proposition 100.  These rules incorporate the statutory “probable cause” standard and eliminate mandatory timelines for subsequent hearings on bail issues.  The new statute and rules require that a decision regarding bail status is to be made at the defendant’s initial appearance. If new evidence becomes available in the case, the rules permit either the prosecutor or defense counsel to request a subsequent hearing following a defendant’s initial appearance.  The rules became effective during the first part of July 2007.

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SB1286

Effective Date
(see Summary)

VICTIMS’ RIGHTS OMNIBUS
Sen. Chuck Gray

Requires adult probation officers to monitor the payment of restitution.

Requires the clerk of the court to provide the prosecutor and court a monthly report listing defendants who are in default of restitution.  Failure to pay restitution subjects a defendant to an order to show cause re: contempt.

Probation may be extended five years for a felony and two years for a misdemeanor if restitution is still outstanding.

Effective January 1, 2008, modifies the warning on an ex parte Order of Protection to state that the defendant will be subject to arrest and prosecuted for Interference with judicial proceedings and any other crime if the order is violated.

Requires the agency with custody of the defendant to notify the victim and other designated persons, if known, on an Order of Protection if the defendant is released after being arrested for an IJP. 

The prosecutor’s office must provide a victim with notice of any continuance.

Effective December 1, 2007, a victim who requests notice of post-conviction or appellate proceedings shall receive immediate notice from the prosecutor of proceedings and any decisions that arise.  A victim or victim’s counsel who requests notice must receive a copy of the memorandum decision or opinion from the Supreme Court or the Court of Appeals concurrently with the parties.

Prohibits any victim contact or identifying information from becoming publicly accessible and requires victim contact information be redacted from a police report by the originating agency.  This provision does not apply to: a victim’s name, records transmitted between law enforcement, prosecutors and the court, records which the victim consented to release or the address or location at which the crime occurred.

Requires the court or clerk of the court to provide at no charge to a victim the minute entry or portion of the record arising out of the offense committed against the victim if reasonably necessary for the purpose of representation regarding a claimed victim’s right. 

Requires the prosecutor to make reasonable efforts to notify a victim of any request for a continuance.  Requires the court, if the request for continuance is in writing and the victim is represented by counsel who files a notice of appearance, to make reasonable efforts to notify the victim’s counsel of the request in the same manner as a party is notified.  A continuance may only be granted if there are extraordinary circumstances and the delay is indispensable to the interests of justice and only for so long as is in the interest of justice.  The reason for the continuance must be stated on the record.  Does not apply to municipal and justice of the peace courts, however, the intent is that the extraordinary circumstances and interest of justice provisions apply to all courts.

Statute(s) Impacted:  12-253, 13-810, 13-812, 13-902, 13-3602, 13-4409, 13-4411, 13-4430, 13-4434, 13-4435, 39-127

Court Impact:  Clerks of the court, trial courts, appellate courts, and probation will need to modify business practices to fulfill the requirements of this bill, as stated.  Continues the courts’ ability to issue a summons or warrant for a defendant’s appearance to show cause why payment of restitution has not been made.  (Can be done on motion from prosecutor, any person entitled to restitution, or on the court’s own motion.)

Maintains the courts’ ability to order garnishment for restitution.  Directs the court to consider the victim's views and the victim's right to a speedy trial before ruling on a motion to continue.  Requires general jurisdiction courts only to send notice of continuance (if the request for continuance is submitted in writing) to victims represented by counsel (who have filed a notice of appearance), as they would with other parties.

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SB1552

Effective Date
General

AIR QUALITY PROGRAM
Sen. Allen

In pertinent part, requires Area A cities and towns, by March 31 2008, to adopt and enforce ordinances prohibiting the operation of vehicles on unpaved surfaces that are not public or private roads, streets or lawful easements if the land is closed.   Classifies a violation as a Class 3 misdemeanor and specifies that a judge may also order the person to perform community restitution or complete an approved safety course on the operation of off-highway vehicles.  From May 1 through September 30 each year, it is unlawful for any person to ignite, cause to be ignited, permit to be ignited or suffer, allow or maintain any open outdoor fire in an Area A city or town.  Classifies a violation as a Class 1 misdemeanor.

Statute(s) Created:  9-500.27

Court Impact:  A first offense “no burn” violation is subject to a minimum civil penalty of $500 if it lasts less than 24 hours.  Also establishes a new violation for operating an off-highway vehicle, an all-terrain vehicle or an off-road recreational vehicle on an unpaved surface in Area A during any high pollution advisory day for particulate matter, subject to a warning for the first violation and a civil penalty of $50, $100, and $250 for second, third, and fourth or subsequent violations, respectively.

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SB1623

Effective Date
General

ELECTIONS; MANUAL AUDITS; REVISIONS
Sen. Johnson

In pertinent part, increases the crime of knowingly forging or counterfeiting returns of an election from a Class 4 felony to a Class 3 felony.

Expands the violation, Counterfeiting elections returns to include for knowingly substituting, forging, counterfeiting, changing or manipulating ballot tabulations or election results by electronic means or through the use of a computer, machine or other device.  A violation is a Class 3 felony.  A person convicted of Counterfeiting elections returns is prohibited from being automatically restored the right to vote.  A person who unlawfully releasing information regarding vote tallies or the unauthorized possession of a tally sheet or summary is guilty of a Class 6 felony.

Statute(s) Impacted:  16-550, 16-551, 16-602, 16-621, 16-1011

Court Impact:  Establishes 2 new felonies and reclassifies an existing felony regarding election law procedures.

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 SB1640

Effective Date
General

FOREIGN MOTOR CARRIERS
Sen. Verschoor

In pertinent part, expands the jurisdiction of municipal and justice courts to include concurrent jurisdiction over all misdemeanor traffic violations listed in Title 28, Chapters 5,11,14, and 15 and Class 2 and 3 misdemeanor violations in Chapter 25.

Statute(s) Impacted:  28-1552, 28-6355

Statute(s) Created:  28-5244

Court Impact:  Places the following restrictions on motor carriers, all of which can constitute a class 1 or 2 misdemeanor or class 6 felony, under existing A.R.S. sec. 28-5240 (depending on the number of previous offenses): prohibits foreign motor carriers from operating in Arizona without a certificate of registration in the vehicle or refusing to show the certificate to a peace officer or an employee of the Department of Transportation; prohibits foreign carriers from operating outside the restrictions in the registration certificate; prohibits foreign carriers from providing point to point transportation services for any goods other than international goods; requires foreign carrier vehicles to be inspected by a commercial vehicle safety alliance certified inspector every three months; requires foreign carrier vehicles to display a safety inspection decal for at least three years after receiving permanent operating authority; prohibits interstate carriers from operating without or outside the bounds of a registration certificate.

Expands the jurisdiction of municipal and justice courts to include the following misdemeanor criminal violations in Title 28:

1. failing to notify the Motor Vehicle Department of a name or address change

2. injuring or preventing operation of a vehicle

3. committing a traffic violation while transporting hazardous material

4. directing or knowingly permitting an employee or driver to violate the law

5. illegally canceling a traffic citation

6. failing to stop or present identification when requested by a peace officer

7. failing to notify law enforcement of the previous location of a towed vehicle

8. failing to report that a vehicle is lost, stolen, abandoned, unclaimed or seized

9. failing to report that a vehicle is abandoned in a public garage or parking lot

10. refusing to permit inspection of a vehicle

11. violating motor carrier regulations

12. operating a motor carrier under an out-of-service order

13. operating an overweight vehicle

14. violating gross weight restrictions with regard to fees

15. dumping trash on highways or airports

16. constructing an unauthorized bridge or dam

17. failing to construct, maintain or repair a bridge as required by law

18. violating regulations pertaining to aircraft operations

19. failing to provide an affidavit of total loss of an aircraft to the Arizona Department of Transportation

Removes language that limits municipal and justice court jurisdiction to specific chapters in Title 28, thereby allowing courts to rule on violations in the entire title.

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