Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 16-153, Arizona Revised Statutes, is amended to read:
16-153. Voter registration; confidentiality; definitions
A. Eligible persons, 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 accessing the eligible person's identifying information, including any of the following:
1. That person's documents and voting precinct number contained in that person's voter registration record.
2. If the person is a public official, the address of a property held in trust by the public official.
B. Eligible persons may request this action by filing an affidavit that states all of the following on an application form developed by the administrative office of the courts in agreement with an association of counties and an organization of peace officers:
1. The person's full legal name, residential address and date of birth.
2. Unless the person is the spouse of a peace officer or the spouse or minor child of a deceased peace officer or the person is a former public official or former judge, the position the person currently holds and a description of the person's duties, except that an eligible person who is protected under an order of protection or injunction against harassment shall instead attach a copy of the order of protection or injunction against harassment.
3. The reasons for reasonably believing that the person's life or safety or that of another person is in danger and that sealing the identifying information and voting precinct number of the person's voting record will serve to reduce the danger.
C. The affidavit shall be filed with the presiding judge of the superior court in the county in which the affiant resides. To prevent multiple filings, an eligible person who is a peace officer, prosecutor, public defender, code enforcement officer, corrections or detention officer, corrections support staff member or law enforcement support staff member shall deliver the affidavit to the peace officer's commanding officer, or to the head of the prosecuting, public defender, code enforcement, law enforcement, corrections or detention agency, as applicable, or that person's designee, who shall file the affidavits at one time. In the absence of an affidavit that contains a request for immediate action and is supported by facts justifying an earlier presentation, the commanding officer, or the head of the prosecuting, public defender, code enforcement, law enforcement, corrections or detention agency, as applicable, or that person's designee, shall not file affidavits more often than quarterly.
D. On receipt of an affidavit or affidavits, the presiding judge of the superior court shall file with the clerk of the superior court a petition on behalf of all requesting affiants. The petition shall have attached each affidavit presented. In the absence of an affidavit that contains a request for immediate action and that is supported by facts justifying an earlier consideration, the presiding judge may accumulate affidavits and file a petition at the end of each quarter.
E. The presiding judge of the superior court shall review the petition and each attached affidavit to determine whether the action requested by each affiant should be granted. The presiding judge of the superior court shall order the sealing for five years of the information contained in the voter record of the affiant and, on request, any other registered voter who resides at the same residence address if the presiding judge concludes that this action will reduce a danger to the life or safety of the affiant.
F. The recorder shall
remove the restrictions on all voter records submitted pursuant to subsection E
of this section by January 5 in the year after the court order
expires. The county recorder shall send by mail one notice to either
the health professional, election officer, public official, former
public official, peace officer, spouse of a peace officer, spouse or minor
child of a deceased peace officer, public defender, prosecutor, code
enforcement officer, corrections or detention officer, corrections support
staff member, law enforcement support staff member, employee of the department
of child safety or employee of adult protective services who has direct contact
with families in the course of employment or the employing agency of the peace
officer, public defender, prosecutor, code enforcement officer, corrections or
detention officer, corrections support staff member or law enforcement support
staff member who was granted an order pursuant to this section of the order's
expiration date at least six months before the January 5 removal
date. If the notice is sent to the employing agency, the employing
agency shall immediately notify the person who was granted the order of the
upcoming expiration date. The county recorder may coordinate with
the county assessor and county treasurer to prevent multiple notices from being
sent to the same person.
G. On entry of the court order, the clerk of the superior court shall file the court order with the county recorder. On receipt of the court order the county recorder shall seal the voter registration of the persons listed in the court order not later than one hundred twenty days from the date of receipt of the court order. To include a subsequent voter registration in the court order, a person listed in the court order shall present to the county recorder at the time of registration a certified copy of the court order or shall provide the county recorder the recording number of the court order. The information in the registration shall not be disclosed and is not a public record.
H. If the court denies an affiant's requested sealing of the voter registration record, the affiant may request a court hearing. The hearing shall be conducted by the court where the petition was filed.
I. On motion to the court, if the presiding judge of the superior court concludes that a voter registration record has been sealed in error or that the cause for the original affidavit no longer exists, the presiding judge may vacate the court order prohibiting public access to the voter registration record.
J. On request by a person who is protected under an order of protection or injunction against harassment and presentation of an order of protection issued pursuant to section 13-3602, an injunction against harassment issued pursuant to section 12-1809 or an order of protection or injunction against harassment issued by a court in another state or a program participant in the address confidentiality program pursuant to title 41, chapter 1, article 3, the county recorder shall seal the voter registration record of the person who is protected and, on request, any other registered voter who resides at the residence address of the protected person. The record shall be sealed not later than one hundred twenty days from the date of receipt of the court order. The information in the registration shall not be disclosed and is not a public record. On the renewal of the certification of a program participant in the address confidentiality program pursuant to title 41, chapter 1, article 3, the county recorder shall continue or renew the sealing of the voter registration record of the person who is protected and, on request any other household resident who is certified as a program participant pursuant to section 41-163, subsection D and who is a registered voter. The voter registration record of a program participant in the address confidentiality program pursuant to title 41, chapter 1, article 3 shall remain sealed after the death of the program participant.
K. For the purposes of this section:
1. "Code enforcement officer" means a person who is employed by a state or local government and whose duties include performing field inspections of buildings, structures or property to ensure compliance with and enforce national, state and local laws, ordinances and codes.
2. "Commissioner" means a commissioner of the superior court or municipal court.
3. "Corrections support staff member" means an adult or juvenile corrections employee who has direct contact with inmates.
4. "Election officer" means a state, county or municipal employee who holds an election officer's certificate issued pursuant to section 16-407.
5. "Eligible person" means a health professional, election officer, public official, former public official, peace officer, spouse of a peace officer, spouse or minor child of a deceased peace officer, justice, judge, commissioner, hearing officer, public defender, prosecutor, member of the commission on appellate court appointments, code enforcement officer, adult or juvenile corrections officer, corrections support staff member, probation officer, member of the board of executive clemency, law enforcement support staff member, employee of the department of child safety or employee of adult protective services who has direct contact with families in the course of employment, national guard member who is acting in support of a law enforcement agency, person who is protected under an order of protection or injunction against harassment or firefighter who is assigned to the Arizona counter terrorism information center in the department of public safety.
6. "Former public official" means a person who was duly elected or appointed to Congress, the legislature or a statewide office, who ceased serving in that capacity and who was the victim of a dangerous offense as defined in section 13-105 while in office.
7. "Health professional" means an individual who is licensed pursuant to title 32, chapter 13, 15, 17, 19.1, 25 or 33.
8. "Hearing officer" means a hearing officer who is appointed pursuant to section 28-1553.
9. "Judge" means a judge or former judge of the United States district court, the United States court of appeals, the United States magistrate court, the United States bankruptcy court, the United States immigration court, the Arizona court of appeals, the superior court or a municipal court.
10. "Justice" means a justice of the United States or Arizona supreme court or a justice of the peace.
11. "Law enforcement support staff member" means a person who serves in the role of an investigator or prosecutorial assistant in an agency that investigates or prosecutes crimes, who is integral to the investigation or prosecution of crimes and whose name or identity will be revealed in the course of public proceedings.
12. "Peace officer":
(a) Has the same meaning prescribed in section 1-215.
(b) Includes a federal law enforcement officer or agent who resides in this state and who has the power to make arrests pursuant to federal law.
13. "Prosecutor" means a current or former United States attorney, county attorney, municipal prosecutor or attorney general and includes a current or former assistant or deputy United States attorney, county attorney, municipal prosecutor or attorney general.
14. "Public defender" means a federal public defender, county public defender, county legal defender or county contract indigent defense counsel and includes an assistant or deputy federal public defender, county public defender or county legal defender.
15. "Public official" means a person who is duly elected or appointed to Congress, the legislature, a statewide office or a county, city or town office.
Sec. 2. Section 25-403.06, Arizona Revised Statutes, is amended to read:
25-403.06. 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.
Sec. 3. Title 25, chapter 11, article 1, Arizona Revised Statutes, is amended by adding section 25-1502, to read:
25-1502. 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.
F. 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.
Sec. 4. Section 41-162, Arizona Revised Statutes, is amended to read:
41-162. 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.
Sec. 5. Section 41-165, Arizona Revised Statutes, is amended to read:
41-165. 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 or attempt to obtain a program participant's actual address or telephone number, whether from the secretary of state or a state or local government entity, or by any other means, 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 attempts to obtain or discloses information in violation of this section is guilty of a class 1 misdemeanor.
G. Any person who intentionally or knowingly obtains or attempts to obtain 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. If the conduct involves surveillance of a minor, use of a third party or repeated attempts, the person is guilty of a class 5 felony.
Sec. 6. Section 41-166, Arizona Revised Statutes, is amended to read:
41-166. Program participants; substitute address; use by state or local government entities
A. The program participant, and not the secretary of state, is responsible for requesting that a state or local government entity use the program participant's substitute address as the program participant's residential, work or school address for all purposes for which the state or local government entity requires or requests the residential, work or school address.
B. Except as otherwise provided in this section or unless the secretary of state grants a state or local government entity's request for disclosure pursuant to section 41-167, if a program participant submits a current and valid address confidentiality program authorization card to the state or local government entity, the state or local government entity shall accept the substitute address designation on the card as the program participant's address for use as the program participant's residential, work or school address when creating a new public record. The substitute address given to the state or local government entity is considered the last known address for the program participant used by the state or local government entity until the time that the state or local government entity receives notification pursuant to section 41-164. The state or local government entity may make a photocopy of the card for the records of the state or local government entity and shall immediately return the card to the program participant.
C. Except as otherwise provided in this section or by order of the court, if a program participant submits a current and valid address confidentiality program authorization card to the court, the court shall accept the substitute address designation on the card as the program participant's address for use as the program participant's residential, work or school address. The substitute address given to the court is considered the last known address for the program participant used by the court until the time that the court receives notification pursuant to section 41-164. The court may make a photocopy of the card for the court file and shall return the card to the program participant.
D. When a person with an existing voter registration record becomes a program participant, the secretary of state shall secure the program participant's voter registration record and notify the appropriate county recorder of the program participant's secured status, current residence address and substitute address for the county recorder to revise the program participant's voter registration record so that the program participant's address can be kept confidential in the same manner as prescribed by section 16-153. A program participant who is not already registered to vote may register to vote using the substitute address and must provide the election official with the program participant's actual residence address for precinct designation purposes. If the program participant registers to vote other than online or at a driver license examination facility, the program participant shall present a completed voter registration form with the program participant's substitute address and address confidentiality program authorization card to the appropriate election official. On the renewal of the certification of a program participant in the address confidentiality program, the county recorder shall continue or renew the sealing of the voter registration record of the person who is protected and, on request, any other registered voter who resides at the residence address of the protected person. The voter registration record of a program participant in the address confidentiality program shall remain sealed after the death of the program participant.
E. A designated election official shall use the actual address of a program participant for precinct designation and all official election-related purposes and shall keep the program participant's actual address confidential from the public. The election official shall use the substitute address for all correspondence and mailings placed in the United States mail. The substitute address shall not be used as an actual residence address for voter registration.
F. A state or local government entity's access to a program participant's voter registration shall be governed by the disclosure process set forth in section 41-167.
G. A program participant who completes an application to register to vote at a driver license examination facility while receiving a driver license or an identification card is required to have the program participant's actual address on the driver license or identification card. A program participant whose driver license has the substitute address may register to vote, if otherwise eligible, pursuant to subsection E d of this section.
H. The substitute address shall not be used for purposes of listing, appraising or assessing property taxes and collecting property taxes. If a program participant would like to keep records maintained by the county assessor and county treasurer confidential, the program participant shall comply with section 11-484.
I. If a program participant is required by law to swear or affirm to the program participant's address, the program participant may use the program participant's substitute address.
J. The substitute address shall not be used for purposes of assessing any taxes or fees on a motor vehicle or for titling or registering a motor vehicle. Notwithstanding any law to the contrary, any record that includes a program participant's actual address pursuant to this subsection shall be confidential and not available for inspection by anyone other than the program participant.
K. The substitute address shall not be used on any document related to real property recorded with a recorder. If a program participant would like to keep real property records confidential, the program participant shall comply with section 11-483.
L. A public school shall accept the substitute address as the program participant's address of record and shall verify student enrollment eligibility through the secretary of state. The secretary of state shall facilitate the transfer of student records from one school to another.
M. Except as otherwise provided in this section, a program participant's actual address and telephone number maintained by a state or local government entity or disclosed by the secretary of state is not a public record that is subject to inspection. This subsection shall does not apply to the following:
1. Any public record created more than ninety days before the date that the program participant applied to be certified in the address confidentiality program.
2. A program participant who voluntarily requests that a state or local government entity use the program participant's actual address or voluntarily gives the actual address to the state or local government entity.
N. For any public record created within ninety days before the date that a program participant applied to be certified in the address confidentiality program, a state or local government entity shall redact the actual address from a public record or change the actual address to the substitute address in the public record, if a program participant who presents a current and valid address confidentiality program authorization card requests the entity that maintains the public record to use the substitute address instead of the actual address on the public record.