|
|
ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
Senate: JUDE DP 6-1-0-0 | Third Read 15-14-1-0-0 |
SB 1134: political signs; dates
S/E: firearms; destruction; courts
Sponsor: Senator Gowan, LD 19
Committee on Federalism, Military Affairs & Elections
Summary of the Strike-Everything Amendment to SB 1134
Overview
Allows the victim of certain offenses to request the destruction of a firearm or dangerous instrument involved in the offense. Allows a court to order the forfeiture or destruction of a firearm or dangerous instrument involved in such offenses.
History
A.R.S. Title 12, Chapter 7, Article 8 regulates unclaimed property in the hands of a public agency. In associated sections of statute, property means any item that is held for safekeeping or as evidence or found property or that has been abandoned, unclaimed or awarded by a court (A.R.S. § 12-940).
If after 30 days' notice has been given, and the owner or person entitled to the property has not taken the property away, the property may be sold. The proceeds are required to be paid to the general fund of the jurisdiction from which the unclaimed property was received.
Currently, if the property is a firearm, the agency must sell the firearm to any business authorized to receive and dispose of the firearm under federal and state law. A law enforcement agency may trade a firearm that it has retained to a federal firearms licensed business for ammunition, weapons, equipment or other materials to be used exclusively for law enforcement purposes (A.R.S. § 12-945).
Arizona Criminal Code defines serious physical injury as inclusive of physical injury that creates a reasonable risk of death or causes serious and permanent disfigurement, serious impairment of health or a loss or protracted impairment of the function of any bodily organ or limb (A.R.S. § 13-105).
Provisions
1. Allows a firearm that is in the possession of a court or public agency to be destroyed if the firearm was involved in a homicide offense or an offense resulting in serious physical injury. (Sec. 1)
2. Allows a court to order the forfeiture of a deadly weapon or dangerous instrument involved in a homicide offense or an offense resulting in serious physical injury. (Sec. 2)
3. Directs the law enforcement agency that has responsibility for investigating a criminal offense committed against a victim to give the victim notice that the victim may request the destruction of any deadly weapon or dangerous instrument involved in an offense of assault or an offense resulting in serious physical injury. (Sec. 5)
4. Requires the prosecutor's office to notify the law enforcement agency in possession of the deadly weapon or dangerous instrument of the victim's request to destroy the deadly weapon or dangerous instrument. (Sec. 5)
5. Requires the law enforcement agency, on request by the victim, to destroy the deadly weapon or dangerous instrument as soon as practicable as provided by law. (Sec. 5)
6. Allows the law enforcement agency to destroy the deadly weapon or dangerous instrument on notice from the applicable prosecuting agency that the deadly weapon or dangerous instrument is no longer needed as evidence. (Sec. 5)
7. Makes technical changes. (Sec. 3)
8. Makes conforming changes. (Sec. 3,4)
9.
10.
11. ---------- DOCUMENT FOOTER ---------
12. Initials GG SB 1134
13. 3/23/2026 Page 0 Federalism, Military Affairs & Elections
14.
15. ---------- DOCUMENT FOOTER ---------