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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
records; confidentiality; eligible individuals
Purpose
Allows a hearing officer, former prosecutor, municipal court commissioner and member of the Commission on Appellate Court Appointments (Commission) to request that the court prohibit the public from accessing specified personal information.
Background
In any county, an eligible person may request that the general public be prohibited from accessing records relating to that person which are 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. An eligible person may request this action by filing an affidavit with the presiding judge of the superior court in the county in which the person resides that states information prescribed by statute on an application form developed by the administrative office of the courts in agreement with an association of counties, an organization of peace officers and ADOT, if applicable.
Statute outlines nine persons 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).
A person who knowingly shares the personal information of certain eligible persons on the internet is guilty of a class 5 felony if: 1) the dissemination of the information poses a serious threat to the safety of the eligible person or the eligible person's family; and 2) the threat is reasonably apparent to the person making the information available on the internet (A.R.S. § 13-2401).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Adds a hearing officer and a Commission member to the definition of eligible person for requesting that the general public be prohibited from accessing:
a) the unique identifier and the recording date contained in indexes of recorded instruments maintained by the county recorder;
b) the person's documents, instruments or writings recorded by the county recorder;
c) the person's identifying information, including any of the person's documents and voting precinct number contained in that person's voter registration record;
d) the person's identifying information, including any of that person's documents, instruments, writings and information maintained by the county assessor and the county treasurer; and
e) the person's identifying information, including any of the person's documents, contained in any record maintained by ADOT.
2. Allows a contributor to a candidate committee, political action committee or political party, whose residential address is protected from public disclosure, to not disclose the person's residential address, and instead provide an alternate mailing address to the committee or party.
3. Prohibits a person from knowingly making the personal information of a former prosecutor, commissioner of the municipal court, hearing officer or Commission member available on the internet if the dissemination of the personal information poses an imminent and serious threat to the prosecutor, commissioner, officer or member.
4. Defines hearing officer as a hearing officer who is:
a) appointed by a justice court to preside over civil traffic violation cases, subject to the concurrence of the presiding judge of the superior court in the county in which the justice court is located; or
b) appointed by a city or town to preside over civil traffic violation cases in a manner provided by ordinance of the city or town.
5. Adds a municipal court commissioner to the definition of commissioner.
6. Adds a former county attorney, municipal prosecutor, attorney general, U.S. attorney, assistant or deputy U.S. attorney, county attorney, municipal prosecutor and attorney general to the definition of prosecutor for the purpose of address confidentiality.
7. Adds a hearing officer's and Commission member's home addresses, home telephone number, pager number, personal photograph, directions to the person's home or photographs of the person's home or vehicle to the definition of personal information.
8. Defines judge as a judge or former judge of a U.S. district court, U.S. court of appeals, U.S. magistrate court, U.S. bankruptcy court, U.S. immigration court, Arizona Court of Appeals, superior court or municipal court regarding the privatization of records maintained by ADOT.
9. Defines justice as a justice of the U.S. Supreme Court or Arizona Supreme Court or a justice of the peace regarding the privatization of records maintained by ADOT.
10. Makes technical and conforming changes.
11. Becomes effective on the general effective date.
House Action
JUD 1/27/21 DP 10-0-0
3rd Read 2/10/21 59-0-0-0-1
Prepared by Senate Research
March 2, 2021
JA/gs