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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
House: JUD DPA 9-0-0-0 |
HB 2594: family court; address confidentiality
Sponsor: Representative Keshel, LD 17
Caucus & COW
Overview
Modifies family court and Address Confidentiality Program (ACP) procedures to require the use of ACP substitute addresses in marital law matters and narrows when the residence information of ACP participants may be disclosed.
History
The ACP is a program for victims who have been subjected to domestic violence offenses, sexual offenses or stalking; it allows them to use a state-issued substitute address as their lawful address of record to keep their residence address from being publicly accessible. The Secretary of State must assign the substitute address, receive mail sent to that address and forward specified types of mail to the participant (A.R.S. § 41-162).
Under current law, unless otherwise ordered by the court or provided by law, both parents are entitled to equal access to a child’s prescription medication and records concerning the child’s education and health, including medical and school records, obtained from custodians or the other parent (A.R.S. § 25-403.06).
Provisions
1. Establishes that a parent is not entitled to have equal access to a child's records if:
a. the other parent has sole legal making authority; and
b. the other parent is a participant in the ACP because of the actions of the aforesaid parent. (Sec. 1)
2. Allows the ACP-participant parent to provide specified information by email, cell phone application or regular mail. (Sec. 1)
3. Mandates that in any marital law matter, if a party participates in the ACP, then the court must use the party's substitute ACP address in all filings. (Sec. 2)
4. Requires the residence address of a participant in the ACP to be sealed and prohibits disclosure to any party or attorney. (Sec. 2)
5. Specifies that an ACP participant may be served with documents as currently outlined in existing law. (Sec. 2)
6. Prohibits the court from considering a party's participation in the ACP as evidence of:
a. parental alienation;
b. failure to cooperate with the other party; and
c. instability. (Sec. 2)
7. Establishes that knowingly disclosing information in violation of the ACP statutes is a class 1 misdemeanor. (Sec. 2)
8. Stipulates that illegally obtaining or disclosing ACP information for the purpose of harassment, stalking or domestic violence against a party in a marital law case, is a class 6 felony. (Sec. 2, 4)
9. Prohibits a court from ordering the disclosure of an ACP participant's residence address or location information unless the court finds, by clear and convincing evidence, that:
a. disclosure of the address is essential to a compelling state interest; and
b. no reasonable alternative exists to accomplish that purpose without the disclosure of the address. (Sec. 3)
10. Makes technical and conforming changes. (Sec. 1, 3, 4)
Amendments
Committee on Judiciary
1. Adds that attempting to obtain ACP information for the purpose of harassment, stalking or domestic violence against a party in a marital law case, is also a class 6 felony.
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Initials NM HB 2594
2/18/2026 Page 0 Caucus & COW
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