HB2594 - 572R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 25-403.06, Arizona Revised Statutes, is amended to read:

START_STATUTE25-403.06. Parental access to prescription medication and records; address confidentiality program; applicability

A. Unless otherwise provided by court order or law, on reasonable request both parents are entitled to have equal access to prescription medication, documents and other information concerning the child's education and physical, mental, moral and emotional health, including medical, school, police, court and other records, directly from the custodian of the records or from the other parent.

B. A person who does not comply with a reasonable request shall reimburse the requesting parent for court costs and attorney fees incurred by that parent to force compliance with this section.

C. A parent with joint legal custody shall not designate one pharmacy in a single location as the only source of the child's prescription medication without the agreement of the other parent.

D. A parent who attempts to restrict the release of documents or information by the custodian or attempts to withhold prescription medication without a prior court order is subject to appropriate legal sanctions.

e. If a parent has sole legal decision-making authority and that parent is a participant in the address confidentiality program established pursuant to section 41-162 because of the actions of the other parent, subsection A of this section does not apply to The parent who does not have sole legal decision-making authority. the parent with legal decision-making authority who is a participant in the address confidentiality program may provide the information required pursuant to this subsection by email, cell phone application or regular mail. END_STATUTE

Sec. 2. Title 25, chapter 11, article 1, Arizona Revised Statutes, is amended by adding section 25-1502, to read:

START_STATUTE25-1502. Participants in address confidentiality program; use of substitute address; applicability; violations; classification

A. In any matter brought pursuant to this title, if a party to the matter is a participant in the address confidentiality program established pursuant to section 41-162, the court shall use the party's address CONFIDENTIALITY program substitute address in all filings, notices and communications relating to the matter.

B. An address CONFIDENTIALITY program participant's residence address shall be sealed in all court records and may not be disclosed to any party or attorney.

C. The party who is a participant in the address confidentiality program may receive service as prescribed in section 41-162, subsection C.

D. The court may not consider a party's participation in the address confidentiality program as evidence of any of the following:

1. Parental alienation.

2. Failure to cooperate with the other party.

3. Instability.

E. Any person who intentionally or knowingly obtains or discloses information in violation of this section or section 41-165 is guilty of a class 1 misdemeanor. Any person who intentionally or knowingly obtains or discloses information in violation of this section or section 41-165 for the purpose of harassment, stalking or domestic violence against a party to a matter that is brought pursuant to this title is guilty of a class 6 felony. END_STATUTE

Sec. 3. Section 41-162, Arizona Revised Statutes, is amended to read:

START_STATUTE41-162. Address confidentiality program; duties of secretary of state; substitute address; application assistants

A. On or before December 31, 2012, The secretary of state shall establish the address confidentiality program to allow persons who have been subjected to domestic violence offenses, sexual offenses or stalking to keep their residence addresses confidential and not accessible to the general public. Participants in the program shall receive a substitute address that becomes the participant's lawful address of record.

B. The secretary of state shall:

1. Designate a substitute address for a program participant that is used by state and local government entities as set forth in this section.

2. Receive mail sent to a program participant at a substitute address and forward the mail to the program participant as set forth in paragraph 3 of this subsection.

3. Receive first-class, certified or registered mail on behalf of a program participant and forward the mail to the program participant for no charge. The secretary of state may arrange to receive and forward other classes or kinds of mail at the program participant's expense. The secretary of state is not required to track or otherwise maintain records of any mail received on behalf of a program participant unless the mail is certified or registered mail.

C. Notwithstanding any other law and except as provided by court rule, a program participant may be served by registered mail or by certified mail, return receipt requested, addressed to the program participant at the program participant's substitute address with any process, notice or demand required or allowed by law to be served on the program participant. This subsection does not prescribe the only means, or necessarily the required means, of serving a program participant in this state.

D. A court may not order the disclosure of a program participant's residence address or location information unless the court finds, by clear and convincing evidence, that disclosure of a program participant's residence address is essential to a compelling state interest and that no reasonable alternative exists to accomplish that purpose without the disclosure of the program participant's residence address.

D. e. The secretary of state may designate as an application assistant any person who:

1. Provides counseling, referral or other services to victims of domestic violence, a sexual offense or stalking.

2. Completes any training and registration process required by the secretary of state.

E. f. Any assistance and counseling rendered by the secretary of state or an application assistant to an applicant related to this section is not legal advice. END_STATUTE

Sec. 4. Section 41-165, Arizona Revised Statutes, is amended to read:

START_STATUTE41-165. Disclosure of actual address prohibited; exceptions; violations; classification

A. The secretary of state shall not disclose any address or telephone number of a program participant other than the substitute address designated by the secretary of state, except under any of the following circumstances:

1. The information is required by direction of a court order. , except that Any person to whom a program participant's address or telephone number has been is disclosed pursuant to this PARAGRAPH shall not disclose the address or telephone number to any other person unless permitted allowed to do so by order of the court or as otherwise provided by law.

2. The secretary of state grants a request by a state or local government entity pursuant to section 41-167, subsection D.

B. The secretary of state shall provide immediate notification of disclosure to a program participant if disclosure is made pursuant to subsection A of this section.

C. If, at the time of application, an applicant or an individual identified pursuant to section 41-163, subsection C, paragraph 10 is subject to a court order related to dissolution of marriage proceedings, child support or the allocation of parental responsibilities or parenting time, the secretary of state shall notify the court that issued the order of the certification of the program participant in the address confidentiality program and the substitute address designated by the secretary of state. If, at the time of application, an applicant or an individual identified pursuant to section 41-163, subsection C, paragraph 10 is involved in a court action related to dissolution of marriage proceedings, child support or the allocation of parental responsibilities or parenting time, the secretary of state shall notify the court having jurisdiction over the action of the certification of the applicant in the address confidentiality program and the substitute address designated by the secretary of state.

D. A person shall not intentionally or knowingly obtain a program participant's actual address or telephone number from the secretary of state or a state or local government entity knowing that the person is not authorized to obtain the address information.

E. An employee of the secretary of state or a state or local government entity shall not intentionally or knowingly disclose a program participant's actual address or telephone number unless the disclosure is permissible by law. This subsection only applies only if an employee obtains a program participant's actual address or telephone number during the course of the employee's official duties and, at the time of disclosure, the employee has specific knowledge that the actual address or telephone number disclosed belongs to a program participant.

F. Any person who intentionally or knowingly obtains or discloses information in violation of this section is guilty of a class 1 misdemeanor. Any person who intentionally or knowingly obtains or discloses information in violation of this SECTION for the purpose of harassment, stalking or domestic violence against a party to a matter that is brought pursuant to title 25 is guilty of a class 6 felony. END_STATUTE