ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

                                                                                     House: JUD DP 10-0-0-0 | 3rd Read 60-0-0-0

                                                                                     Senate: JUD DPA 8-0-0-0 | 3rd Read 30-0-0-0

HB 2158: protective orders; central repository; notification

Sponsor:  Representative Kavanagh, LD 23

Senate Engrossed

Overview

States the supreme court is required to maintain a central repository for inunctions.

History

A person can file a verified petition with a magistrate, justice of the peace or superior court judge for an injunction prohibiting harassment.  The petition must include: the name of the plaintiff, the name of the defendant; a statement with specified details regarding the alleged harassment; the name of the court in which there is any prior or pending proceedings concerning the conduct that is sought to be restrained; and the relief requested.  If an injunction is issued, the court may do any of the following: enjoin the defendant from committing a violation of one or more acts of harassment; restrain the defendant from contacting the plaintiff or other specified areas; or grant relief necessary for the protection of the alleged victim and other designated persons (A.R.S. § 12-1809).

An employer or an authorized agent of an employer can file a verified petition with a magistrate, justice of the peace or superior court judge for an injunction prohibiting workplace harassment.  The petition must include: the name of the employer, the name of the defendant; and a statement with specified details regarding the alleged workplace harassment.  If an injunction is issued, the court may do any of the following: restrain the defendant from coming near the employers property or place of business; restrain the defendant from contacting the employer or other person on the employers property; or grant relief necessary for the protection of the employer, the workplace and the employers employees (A.R.S. § 12-1810). 

Provisions

1.   Requires the Supreme Court to maintain a central repository for injunctions. (Sec. 1, 2, 3)

2.   Requires the court issuing an injunction, or modifying an injunction, to enter the order and proof of service into the Supreme Court's central repository for injunctions. (Sec. 1, 2, 3)

3.   States the Supreme Court must register the injunction with the national crime information center. (Sec. 1, 2, 3)

4.   Removes the requirement that an individual must notify the court within five days if the individual was granted exclusive use of the residence, and moves out of the residence, while an order of protection is in effect. (Sec. 4)

5.   Makes technical and conforming changes. (Sec. 1, 2, 3)

 

 

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteSenate Amendment

1.   Requires the Supreme Court to register the injunction or order with NCIC, rather than the county sheriff.

 

2.   Removes the requirement that the Supreme Court transmit copies of the order and proof of service from the Court's repository to the county sheriff.

 

3.   Requires only the order and proof of service, rather than all filings for an injunction or order, to be entered into the Supreme Court's central repository.

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6.   ---------- DOCUMENT FOOTER ---------

7.                     HB 2158

8.   Initials LC  Page 0 Senate Engrossed

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10.  ---------- DOCUMENT FOOTER ---------