House of
Representatives
SB 1006
ADOT records; domestic violence victims
Sponsor: Senator Waring.
Senate Bill 1006 allows a victim of domestic violence or stalking or a person protected under an Order of Protection (OOP) or an Injunction Against Harassment (IAH) to have records maintained by the Department of Transportation (ADOT) redacted.
The Strike Everything Amendment to Senate Bill 1006 adds to the categories of people eligible for redaction of personal information maintained by governmental entities by incorporating the following into statute: a victim of domestic violence or stalking who are protected by an Order of Protection (OOP) or Injunction Against harassment (IAH), a person with an Order of Protection (OOP) or Injunction Against Harassment (IAH), a corrections or detention officer or law enforcement or court support staff member.
History
Over the past decade, public officials have sought and received changes to statutes governing the public’s access to records containing the public officials’ personal information. Statute allows the following persons to request their records and personal information be held confidential: a peace officer, justice, judge, commissioner, public defender, prosecutor, code enforcement officer, victim of domestic violence or stalking or a person who is protected under an Order of Protection (OOP) or Injunction Against Harassment (IAH). Laws passed in 1995 and 1996 allow public officials to file affidavits requesting removal of personal information maintained by the county recorder, the county assessor, the county treasurer, a law enforcement agency or employing state or local government entity or the Department of Transportation (ADOT). An eligible person may request the recorder prohibit access to their residential address and telephone number contained in recorded documents.
To do any business with the MVD, a person who has their information redacted must physically come into any MVD office. Currently, there are 18,687 records redacted by MVD including driver licenses, titles and registrations of officers, prosecutors and enforcers. The Arizona Coalition Against Domestic Violence reports five calls per year to their Legal Advocacy Hotline where a victim’s personal information was acquired from the MVD either through occupational connection with the MVD or through legal procedures allowing the release of personal information.
An Order of Protection (OOP) is issued by a municipal judge, justice of the peace, or superior court judge in a domestic violence proceeding for the purpose of restraining a person from committing an act included in domestic violence. The OOP is a civil court order that prohibits or restricts the offender from contacting the victim. An OOP can be granted only if the relationship between the victim and the defendant is one of the following: a marriage or former marriage, the persons reside or resided in the same household, the victim and defendant have a child in common, the victim or defendant is pregnant by the other party, the victim is related to the defendant or defendant’s spouse by blood or law, the victim is a child who resides or has resided in the same household as the defendant. A violation of an OOP constitutes a class 1 misdemeanor and a possible charge of contempt of court.
Statute allows a person not in any of the above relationships that qualify for an OOP to petition a court for an Injunction Against Harassment (IAH). The court may do any of the following when an IAH is issued: enjoin the defendant from committing a violation of one or more acts of harassment, restrain the defendant from contacting the victim in any way or grant relief necessary for protection of the victim. If the defendant violates the IAH the court may charge them with “interfering with judicial proceedings” which is a Class 1 misdemeanor.
Provisions
· Allows a victim of domestic violence who is protected under an OOP or IAH, a person with an OOP or IAH, a corrections or detention officer or law enforcement or court support staff member to request that the general public be prohibited from accessing personal information contained in voter registration documentation or records maintained by the county recorder, county assessor, county treasurer, the Department of Transportation (ADOT), any law enforcement agency or employing state or local governmental entity.
· Prescribes the method and documentation needed for a person to request their information be maintained as confidential.
· Requires the eligible person to present to the county recorder a certified copy of the court order or the recording number of the court order to include in the court order any subsequent voter registrations.
· Defines “eligible person” as: a peace officer, justice, judge, commissioner, public defender, prosecutor, adult or juvenile corrections officer, corrections support staff member, law enforcement support staff member, National Guard member acting in support of a law enforcement agency, code enforcement officer, probation officer, member of the Board of Executive clemency, any person who is protected under an OOP or an IAH, a firefighter assigned to the Arizona Counter Terrorism Center in the Department of Public Safety or a victim or domestic violence or stalking who is protected under an OOP or IAH.
· Defines corrections support staff member, law enforcement support staff member, stalking, victim of domestic violence and peace officer.
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Forty-eighth Legislature
First Regular Session 2 March 9, 2007
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