PREFILED DEC 02 2019
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REFERENCE TITLE: juvenile arrest warrants; permissible hours |
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State of Arizona House of Representatives Fifty-fourth Legislature Second Regular Session 2020
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HB 2041 |
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Introduced by Representative Townsend
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AN ACT
amending sections 8‑303 and 8‑386.01, Arizona Revised Statutes; relating to juveniles.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 8-303, Arizona Revised Statutes, is amended to read:
8-303. Taking into temporary custody; interference; release; separate custody; violation; classification
A. Except as provided in section 8‑305, a juvenile taken into temporary custody shall not be detained in a police station, jail or lockup where adults charged with or convicted of a crime are detained.
B. A child shall be taken into temporary custody:
1. Pursuant to an order of the juvenile court.
2. Pursuant to a warrant issued according to the laws of arrest. Unless the court orders otherwise for good cause, an arrest warrant may not be executed between the hours of 10:00 p.m. and 6:30 a.m. each day.
C. A juvenile may be taken into temporary custody:
1. By a peace officer pursuant to the laws of arrest, without a warrant, if there are reasonable grounds to believe that the juvenile has committed a delinquent act or the child is incorrigible.
2. By a peace officer if there are reasonable grounds to believe that the child has run away from the child's parents, guardian or other custodian.
3. By a private person as provided by section 13‑3884.
D. A peace officer shall take a juvenile into temporary custody pursuant to the laws of arrest, with or without a warrant, when there are reasonable grounds to believe that either:
1. The juvenile has committed a criminal act or a delinquent act which if committed by an adult could be a felony or breach of the peace.
2. The juvenile has been apprehended in commission of a criminal act or a delinquent act, which if committed by an adult would be a felony, or in fresh pursuit.
E. A juvenile who is taken into temporary custody pursuant to subsection D of this section may be released from temporary custody only to the parents, guardian or custodian of the juvenile or to the juvenile court.
F. A person who knowingly interferes with the taking of a juvenile into temporary custody under the provisions of this section is guilty of a class 2 misdemeanor.
G. In determining if a child should be taken into custody under subsection C of this section, the peace officer or child safety worker may consider as a mitigating factor the participation of the parent, guardian or custodian in the healthy families program established by section 8‑481.
Sec. 2. Section 8-386.01, Arizona Revised Statutes, is amended to read:
8-386.01. Issuance and execution of arrest warrants
A. On the issuance of an arrest warrant, the court issuing the warrant shall state in the warrant whether the person named in the warrant is to be arrested for or is to be charged with committing an offense to which this article applies or that is materially related to an offense to which this article applies. Unless the court orders otherwise for good cause, an arrest warrant may not be executed between the hours of 10:00 p.m. and 6:30 a.m. each day.
B. On receipt of notice of an arrest or an impending arrest of a juvenile and if applicable pursuant to subsection A of this section, the agency that is responsible for holding the original warrant shall notify the law enforcement agency that was responsible for the original investigation of the offense of the impending detainment of the juvenile who is arrested on the law enforcement agency's warrant.
C. On receiving notice that the warrant was executed pursuant to subsection B of this section, the law enforcement agency that was responsible for the original investigation of the offense shall do all of the following if the victim has requested notice pursuant to section 8‑386:
1. Notify the victim of the arrest and advise the victim that to exercise the right to be informed if the juvenile is released the victim must contact the detention center of the juvenile probation department immediately.
2. Inform the victim of the telephone number of the detention center in which the juvenile is detained.
3. Provide the detention center with the victim information pursuant to section 8‑386 so that the detention center may notify the victim of the release or escape of the juvenile pursuant to section 8‑393, if applicable.
D. A law enforcement agency is not required to provide victim information pursuant to section 8‑386, subsections C and E to the custodial agency at the time a juvenile is detained unless the law enforcement agency that performs the warrant arrest is also the law enforcement agency that was responsible for the original investigation of the offense.
E. The victim's right to be informed of an arrest or a release pursuant to an executed warrant applies to warrants that are issued on or after September 1, 1996.
F. Law enforcement, courts and juvenile custodial agencies are not liable pursuant to section 8‑393 for the failure to inform a victim of the arrest or release of a juvenile on warrants that were issued before September 1, 1996.