Assigned to JUDE                                                                                                                   FOR COMMITTEE

 


 

 

 


ARIZONA STATE SENATE

Fifty-Seventh Legislature, Second Regular Session

 

FACT SHEET FOR S.B. 1723

 

domestic violence; release conditions

Purpose

Requires a judicial officer to impose electronic monitoring as a condition of being released on bail or on the person's own recognizance if the person is charged with a domestic violence offense. Requires a defendant subject to an order of protection to provide identifying information to the plaintiff as outlined.

Background

Persons may file a verified petition with a magistrate, justice of the peace or superior court judge for an order of protection for the purpose of restraining a person from committing an act of domestic violence. If the court issues an order of protection, the court may: 1) enjoin the defendant from committing a violation of acts that constitute domestic violence; 2) grant one party the use and exclusive possession of the parties' residence on a showing that there is reasonable cause to believe that physical harm may otherwise result; 3) restrain the defendant from contacting the plaintiff and from coming near the residence, employment or school of the plaintiff; 4) prohibit the defendant from possessing or purchasing a firearm for the duration of the order if a credible threat to the safety of the plaintiff is found; 5) require the defendant to complete domestic violence offender treatment; 6) grant the plaintiff exclusive custody of animals as outlined; and 7) grant other relief necessary for the protection of the victim (A.R.S. § 13-3602).

When appearing before a judicial officer, a person who is charged with a bailable offense must be ordered release pending trial on the person's own recognizance or on the execution of bail in an amount specified by the judicial officer. After providing notice to the victim, the judicial officer may impose certain conditions on the person who is released, including: 1) placement in the custody of a designated person or organization; 2) placement of restrictions on the person's travel, associates or place of abode during the period of release; 3) a requirement to deposit cash or other security with the clerk of the court; 4) a prohibition against the person possessing any deadly weapon, engaging in certain activities or indulging in drugs or alcohol; 5) a requirement that the person regularly report to an remain under the supervision of an officer of the court; and 6) imposition of any other conditions deemed reasonably necessary to assure appearance. In addition to these conditions, the judicial officer must also impose a condition of electronic monitoring if the defendant is charged with a felony sexual offense (A.R.S. § 13-3967).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.   Allows a court that has issued an order of protection against a defendant, on a showing that there is reasonable cause to believe that physical harm may otherwise result, to require the defendant to provide identifying information to the plaintiff, including the defendant's:

a)   residence;

b)   place of employment; or

c)   vehicle information.

2.   Requires a judicial officer to impose electronic monitoring and a no-contact order on a defendant who is charged with domestic violence and who is released on bail or on the person's own recognizance.

3.   Makes technical changes.

4.   Becomes effective on the general effective date.

Prepared by Senate Research

February 16, 2026

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