Bill Amendment: AZ HB2322 | 2014 | Fifty-first Legislature 2nd Regular
Bill Title: National instant criminal background checks
Status: 2014-04-30 - Chapter 261 [HB2322 Detail]
Download: Arizona-2014-HB2322-HOUSE_ADOPTED_AMENDMENT_Public_Safety_Military_and_Regulatory_Affairs.html
Fifty-first Legislature
Second Regular Session
COMMITTEE ON PUBLIC SAFETY, MILITARY AND REGULATORY AFFAIRS
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2322
(Reference to printed bill)
Page 1, line 4, after the semicolon insert "supreme court database;"
Lines 5 and 6, strike "centralized case index; definitions" insert "definition"
Strike lines 7 through 22
Reletter to conform
Line 24, strike "clerk of"
Line 27, strike "the centralized case index" insert "a database"
Line 32, strike "clerk of"
Line 34, strike "centralized case index" insert "database"
Between lines 37 and 38, insert:
"C. If a person is found guilty except insane, the court shall transmit the case information and the date of the verdict to the supreme court. The supreme court shall enter the case information and the date of the verdict in a database and transmit the case information and the date of the verdict to the department of public safety. The department of public safety shall transmit the case information and the date of the verdict to the national instant criminal background check system.
D. On request, the clerk of the court that originally found the defendant incompetent or in which the defendant was found guilty except insane shall provide certified copies of the order to a law enforcement or prosecuting agency that is investigating or prosecuting a prohibited possessor as defined in section 13-3101.
E. The department of public safety may provide a law enforcement agency access to the case information only to enforce an order or to assist in an investigation or in returning property."
Reletter to conform
Line 38, strike the colon insert a comma
Line 39, strike "1."
Strike lines 42 through 45
Page 2, strike lines 1 and 2
Page 4, line 30, after "is" strike remainder of line; strike lines 31 and 32, insert "found guilty except insane."
Page 5, between lines 34 and 35, insert:
"Sec. 4. Title 13, chapter 38, article 12, Arizona Revised Statutes, is amended by adding section 13-3970, to read:
13-3970. Release conditions that prohibit firearm possession; transfer of criminal justice information to national criminal background check system; definition
A. The court shall transmit to the supreme court a notice of the condition of release and the case information of every case in which the court as a condition of release ordered the defendant not to possess a firearm. The supreme court shall transmit the notice and case information to the department of public safety. The department of public safety shall transmit the notice and case information to the national instant criminal background check system.
B. On termination of the condition of release ordering the defendant not to possess a firearm, the court shall transmit to the supreme court the notice that the condition of release terminated and the supreme court shall transmit the notice to the department of public safety. On receipt of the notice, the department of public safety shall transmit the notice to the national instant criminal background check system.
C. For the purposes of this section, "case information" means the person's name, sex and date of birth, the last four digits of the person's social security number, if available, the court case number and the court originating agency identification number."
Renumber to conform
Page 8, line 18, strike "the centralized case index" insert "a database"
Lines 22 and 23, strike "centralized case index" insert "database"
Page 9, line 21, strike "the centralized case index" insert "a database"
Line 22, strike "centralized case index" insert "database"
Page 10, between lines 17 and 18, insert:
"(d) Found guilty except insane."
Page 18, lines 17 and 18, strike "the centralized case index" insert "a database"
Line 24, strike "centralized case index" insert "database"
Line 29, after the first "the" insert "clerk of the"
Strike line 34, insert:
"A. Section 13‑609, Arizona Revised Statutes, as added by this act, and sections 13‑925, 13‑3101, 14‑5303, 14‑5304, 14‑5307, 32‑2612, 36‑509 and 36‑540, Arizona Revised Statutes, as amended by this act, are effective from and after December 31, 2014.
B. Section 13‑3970, Arizona Revised Statutes, as added by this act, is effective from and after June 30, 2015."
Amend title to conform
