ARIZONA HOUSE OF REPRESENTATIVES Fifty-fifth Legislature Second Regular Session
	Senate: JUD DPA 7-0-1-0 | 3^rd Read DPA 28-0-2-0 House: JUD DP 7-3-0-0

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SB1653: lifetime injunction; crime victim

Sponsor: Senator Kerr, LD 13

House Engrossed

Overview

Specifies that at the time of sentencing, on the request of the victim or the prosecutor, the court must issue an injunction prohibiting the defendant from contacting the victim if the defendant is convicted of the prescribed offenses. Provides that unless the victim submits a written request to the court for an early expiration, the injunction is valid for the defendant's natural lifetime.

History

The sheriff is prohibited from charging a fee for any injunction against harassment if the court indicates the injunction arises out of dating relationship (A.R.S. § 11-445).

An individual may file a verified petition for an injunction prohibiting harassment. The injunction is effective on the defendant on service of a copy of the injunction and petition. The injunction expires one year after service of the defendant (A.R.S. § 12-1809).

The court may terminate the period of probation or intensive probation early. On the petition of the victim and before the court terminates the period of probation early, the court must determine whether to prohibit the defendant from contacting the victim. If necessary, the court may also determine whether to issue an injunction against harassment against the defendant (A.R.S. § 13-901).

The Board of Executive Clemency may inform the victim of the victim's ability to petition the court for an injunction against harassment (A.R.S. § 31-411.01).

Harassment means any of the following:

1) Conduct directed at a specific individual that seriously alarms or annoys the individual;

2) One or more acts of sexual violence; or

3) Any contact, if the individual is the victim of a crime committed by the defendant (A.R.S. § 12-1809).

Provisions

1. Specifies the sheriff is prohibited from charging a fee for any injunction against harassment if the court indicates the injunction arises out of sexual violence. (Sec. 1)

2. Revises the definition of harassment. (Sec. 2)

3. Stipulates that at the time of sentencing, on the request of the victim or the prosecutor, the court must issue an injunction prohibiting the defendant from contacting the victim if the defendant is convicted of any of the following offenses:

a) A dangerous offense that is a felony;

b) A serious offense or violent or aggravated felony; or

c) A felony offense included in statute relating to sexual offenses. (Sec. 3)

4. Establishes that an injunction is effective immediately and must be served on the defendant at the time of sentencing. (Sec. 3)

5. Specifies unless the victim submits a written request to the court for an early expiration, the injunction does not expire and is valid for the defendant's natural lifetime unless:

a) The defendant shows victim has died or the conviction has been dismissed, expunged or overturned or the defendant has been pardoned; or

b) The victim submits a written request to the court for an early expiration.  (Sec. 3)

6. Authorizes the court to hold a hearing to verify the victim's request to dismiss the injunction. (Sec. 3)

7. Adjusts the procedure for an injunction prohibiting contact by a defendant:

a) Requires the court to provide information to the Department of Public Safety to register the injunction with the national crime information system;

b) Requires the court to notify the victim of the injunction; and

c) Strikes the board of Executive Clemency's authority to inform the victim of the victim's ability to petition the court for an injunction against harassment. (Sec. 3, 5)

8. Allows a victim to petition to the court requesting an injunction against a defendant who is sentenced for a prescribed offense before the effective date of this act. (Sec. 3)

9. Establishes that a law enforcement agency serves an issued injunction at no charge to the victim. (Sec. 3)

10. Requires the Supreme Court to develop and adopt procedures for a victim who is eligible for an injunction prohibiting contact by a defendant who was sentenced before the effective date of this act. (Sec. 6)

11. Entitles this act as "Kayleigh's Law". (Sec. 7)

12. Makes technical and conforming changes. (Sec. 1, 2, 4)

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16.                   SB 1653

17. Initials LC/DG/JH Page 0 House Engrossed

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