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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
AMENDED
family court; address confidentiality
Purpose
Outlines protection requirements for an Address Confidentiality Program (ACP) participant in any marital and domestic relation matter and requires the court to seal an ACP participant's residential address and use a substitute address. Prescribes criminal penalties for obtaining or disclosing information protected by the ACP for the purpose of harassment, stalking or domestic violence.
Background
The ACP is administered by the Secretary of State (SOS) to allow victims of domestic violence offenses, sexual offenses or stalking to keep their residence addresses confidential and not accessible to the general public. Participants of the ACP must receive a substitute address that becomes the participant's lawful address of record. The SOS must: 1) designate a substitute address for a participant of the ACP that is used by state and local government entities; and 2) receive mail sent to an ACP participant at a substitute address and forward the mail to the ACP participant (A.R.S. § 41-162).
The SOS may not disclose any address or telephone number of an ACP participant other than the substitute address, unless the information is required by a court order or the SOS grants a request by a state or local government entity. When the SOS discloses the address or telephone number as authorized, the SOS must immediately notify the ACP participant of the disclosure. If, at the time of application, an applicant is subject to a court order related to dissolution of marriage proceedings, child support or the allocation of parental responsibilities or parenting time, the SOS must notify the court that issued the order of the certification of the ACP participant in the ACP and the substitute address. If, at the time of application, an applicant is involved in a court action related to dissolution of marriage proceedings, child support or the allocation of parental responsibilities or parenting time, the SOS must notify the court having jurisdiction over the action of the certification of the participation in the ACP and the substitute address designated by the SOS. A person must not intentionally or knowingly obtain an ACP participant's actual address or telephone number from the SOS or a state or local government entity knowing that the person is not authorized to obtain the address information. Any person who intentionally or knowingly obtains or discloses information in violation of the outlined ACP requirements is guilty of a class 1 misdemeanor (A.R.S. § 41-165).
When a person with an existing voter registration record becomes an ACP participant, the SOS must secure the participant's voter registration record and notify the appropriate county recorder of the participant's secured status, current residence address and substitute address so that the county recorder may revise the participant's voter registration record for confidentiality. Any other registered voter who resides at the same residence address as the eligible person may also request that the general public be prohibited from accessing outlined identifying information (A.R.S. §§ 16-153 and 41-166).
Unless otherwise provided by court order or law, both parents are entitled to 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 records custodian or the other parent. A person who does not comply with a reasonable request must reimburse the requesting parent for court costs and attorney fees incurred by that parent to force compliance. 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 (A.R.S. § 25-403.06).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Determines that the statutory requirements that entitle both parents equal access to a child's information does not apply to a parent who has sole legal decision-making authority and who is a participant in the ACP because of the actions of the other parent.
2. Allows a parent with sole legal decision-making authority and who is a participant of the ACP to provide the information regarding a child that a parent is entitled to by email, cell phone application or regular mail.
3. Requires the court, in any marital and domestic relation matter and if a party is an ACP participant, to use the party's ACP substitute address in all filing, notices and communications relating to the matter.
4. Requires an ACP participant's residence address to be sealed in all court records.
5. Prohibits an ACP participant's residence address from being disclosed to any party or attorney.
6. Allows the party in a marital and domestic relation matter who is an ACP participant to be served in the same manner as any ACP participant.
7. 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; or
c) instability.
8. 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 disclosure is essential to a compelling state interest and that no reasonable alternative exists to accomplish that purpose without the disclosure.
9. Requires a county recorder, on renewal of the certification of an ACP participant, to 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.
10. Requires the voter registration record of an ACP participant to remain sealed after the death of the ACP participant.
11. Prohibits a person from attempting to obtain an ACP participant's actual address or telephone number by any other means.
12. Classifies, as class 1 misdemeanor, attempting to obtain the address or telephone number of an ACP participant in addition to, intentionally or knowingly obtaining the information.
13. Classifies, as class 6 felony, intentionally or knowingly obtaining, attempting to obtain or disclosing information protected by the ACP for the purpose of harassment, stalking or domestic violence against a party to a matter in marital and domestic relations.
14. Classifies, as a class 5 felony, intentionally or knowingly obtaining, attempting to obtain or disclosing information protected by the ACP for the purpose of harassment, stalking or domestic violence against a party as outlined if the conduct involves:
a) surveillance of a minor;
b) use of a third party; or
c) repeated attempts.
15. Makes technical and conforming changes.
16. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Requires a county recorder, on request, to seal the voter registration record of any other registered voter who resides at the residence address of an ACP participant.
2. Requires the voter registration record of an ACP participant to remain sealed after the death of the ACP participant.
House Action Senate Action
JUD 2/18/26 DPA 9-0-0-0 FFL 3/23/26 DPA 9-0-0
3rd Read 3/4/26 44-9-6-0-1
Prepared by Senate Research
March 30, 2026
AN/TR/ci