Assigned to JUD                                                                                                                     FOR COMMITTEE

 


 

 

 


ARIZONA STATE SENATE

Fifty-Fifth Legislature, First Regular Session

 

FACT SHEET FOR H.B. 2158

 

protective orders; central repository; notification

Purpose

            Modifies record-keeping procedures for protective orders between the Arizona Supreme Court and sheriffs.

Background

            Statute requires, within 24 hours after the filing of an affidavit, declaration, acceptance or return of service, excluding weekends and legal holidays, the court from which an injunction against harassment, injunction against workplace harassment, order of protection or any modified injunction or order was issued to register the injunction or order with the National Crime Information Center (NCIC). The Arizona Supreme Court is required to maintain a central repository for injunctions against harassment, injunctions against workplace harassment and orders of protection so that the existence and validity of the injunctions and orders can be easily verified (A.R.S. §§ 12-1809; 12-1810; and 13-3602).

            Statute allows an order of protection and an emergency order of protection to grant one party the use and exclusive possession of the parties' residence on a showing that there is reasonable cause to believe that physical harm may otherwise result. While the order of protection is in effect, if a party was granted the use and exclusive possession of the parties' residence and subsequently moves out of the house, the party must notify the court within five days after moving out of the residence (A.R.S. §§ 13-3624 and 13-3602).

            There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.   Requires the Arizona Supreme Court to enter specified filings for injunctions against harassment, injunctions against workplace harassment and orders of protection into the Court's central repository for injunctions and orders, rather than register the injunctions and orders directly with NCIC.

2.   Requires the Arizona Supreme Court to transmit copies of a protective order and proof of service from the central repository to the county sheriff.

3.   Removes the requirement that, while an emergency order of protection is in place, a party granted the use and exclusive possession of the parties' residence notify the court within five days after moving out of the residence.

4.   Removes the stipulation that the purpose of the central repositories for injunctions against harassment and orders of protection is to easily verify the existence and validity of the injunctions.

5.   Makes technical and conforming changes.

6.   Becomes effective on the general effective date.

House Action

JUD                 2/10/21      DP     10-0-0-0

3rd Read          2/22/21                 60-0-0

Prepared by Senate Research

March 23, 2021

JA/gs