PREFILED JAN 13 2020
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REFERENCE TITLE: technical correction; juvenile court; records |
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State of Arizona House of Representatives Fifty-fourth Legislature Second Regular Session 2020
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HB 2214 |
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Introduced by Representative Finchem
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AN ACT
amending section 8-208, arizona revised statutes; relating to the juvenile court.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 8-208, Arizona Revised Statutes, is amended to read:
8-208. Juvenile court records; public inspection; exceptions
A. The following records relating to a juvenile who is referred to juvenile court are open to public inspection:
1. Referrals involving delinquent acts, after the referrals have been made to the juvenile court or the county attorney has diverted the matter according to section 8‑321.
2. Arrest records, after the juvenile is an accused as defined by section 13‑501.
3. Delinquency hearings.
4. Disposition hearings.
5. A summary of delinquency, disposition and transfer hearings.
6. Revocation of probation hearings.
7. Appellate review.
8. Diversion proceedings involving delinquent acts.
B. On the request of an adult probation officer or state or local prosecutor, the juvenile court shall release to an adult probation department or prosecutor all information in its possession concerning a person who is charged with a criminal offense.
C. The juvenile court shall release all information in its possession concerning a person who is arrested for a criminal offense to superior court programs or departments, other court divisions or judges or as authorized by the superior court for the purpose of assisting to assist in the determination of release from custody, bond and pretrial supervision.
D. On request by the appropriate jail authorities for the purpose of determining to determine classification, treatment and security, the juvenile court shall release all information in its possession concerning persons who are under eighteen years of age, who have been transferred from juvenile court for criminal prosecution and who are being held in a county jail pending trial.
E. The court shall edit the records to protect the identity of the victim or the immediate family of the victim if the victim has died as a result of the alleged offense.
F. Except as otherwise provided by law, the records of an adoption, severance or dependency proceeding shall not be open to public inspection.
G. The court may order that the records be kept confidential and withheld from public inspection if the court determines that the subject matter of any record involves a clear public interest in confidentiality.
H. The disclosure of educational records received pursuant to section 15‑141 shall comply with the family educational rights and privacy rights act of 1974 (20 United States Code section 1232g).