ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

 

HB 2073: records; confidentiality; eligible individuals

Sponsor:  Representative Pratt, LD 8

Committee on Judiciary

Overview

Adds civil traffic violation hearing officers, former prosecutors, members of the Commission on Appellate Court Appointments and municipal court commissioners to the list of eligible persons who may petition the superior court to prohibit the general public from accessing records relating to that person.

History

In any county, an eligible person may request that the general public be prohibited from accessing records relating to that person maintained by the county recorder, county assessor, county treasurer or the Arizona Department of Transportation (ADOT). Additionally, an eligible person, and any other registered voter who resides at the same residence address as the eligible person, may request that the general public be prohibited from assessing records relating to that person, including any of the person's documents and the voting precinct number contained in their voter registration record.

Statute outlines 19 people who are considered to be an eligible person, including a: 1) former public official; 2) peace officer; 3) spouse of a peace officer; 4) justice; 5) judge; 6) commissioner; 7) public defender; 8) prosecutor; and 9) probation officer (A.R.S. §§ 11-483; 11-484; 16-153; and 28-454). Title 39 of the Arizona Revised Statutes relating to public records, printing and notices includes a victim of domestic violence or stalking protected under an order of protection or injunction against harassment as an eligible person (A.R.S. §§ 39-123 and 39-124).

A person who knowingly shares the personal information of certain eligible persons on the internet is guilty of a class 5 felony if the dissemination of the information is reasonably apparent to pose an imminent and serious threat to the safety of the eligible person or the eligible person's family (A.R.S. § 13-2401).

Provisions

1.    Allows hearing officers, member of the commission on appellate court appointments and other eligible persons to request county recorders, county assessors, county treasurers and the Department of Transportation to prohibit public access to their information. (Sec. 1, 2, 5)

2.    Prohibits a person from knowingly posting the personal information of a hearing officer, member of the commission on appellate court appointments and other eligible persons on the internet if disseminating the information poses a serious threat or risk to the eligible person or the eligible person's family. (Sec. 3)

3.    States an eligible person whose residential address is protected from public disclosure is not required to disclose their residential address and must instead provide an alternate mailing address. (Sec. 5, 6)

4.    Defines hearing officer. (Sec. 1, 2, 3, 4,)

5.    Amends the definition of an eligible person, commissioner, prosecutor and judge. (Sec. 1, 2, 3, 4, 7, 8, 9)

6.    Makes technical and conforming changes. (Sec. 1, 2, 3,4, 5, 6, 7, 8, 9 )☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

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10.                    HB 2073

11.  Initials LC  Page 0 Judiciary

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