Bill Text: AZ SB1015 | 2014 | Fifty-first Legislature 2nd Regular | Introduced


Bill Title: Parenting time; decision-making; assault; prohibition

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-14 - Referred to Senate JUD Committee [SB1015 Detail]

Download: Arizona-2014-SB1015-Introduced.html

 

 

PREFILED    DEC 06 2013

REFERENCE TITLE: parenting time; decision-making; assault; prohibition

 

 

 

State of Arizona

Senate

Fifty-first Legislature

Second Regular Session

2014

 

 

SB 1015

 

Introduced by

Senator Ableser

 

 

AN ACT

 

Amending section 25-403.05, Arizona Revised Statutes; relating to parenting time and legal decision-making.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 25-403.05, Arizona Revised Statutes, is amended to read:

START_STATUTE25-403.05.  Sexual offenders; murderers; legal decision-making and parenting time; notification of risk to child

A.  Unless the court finds that there is no significant risk to the child and states its reasons in writing, the court shall not grant a person sole or joint legal decision-making of a child or unsupervised parenting time with a child if the person:

1.  Is a registered sex offender.

2.  Has been convicted of murder in the first degree and the victim of the murder was the other parent of the child who is the subject of the order. In making its finding, the court may consider, among other factors, the following:

(a)  Credible evidence that the convicted parent was a victim of domestic violence, as defined in section 13‑3601, committed by the murdered parent.

(b)  Testimony of an expert witness that the convicted parent suffered trauma from abuse committed by the murdered parent.

B.  A child's parent or custodian must immediately notify the other parent or custodian if the parent or custodian knows that a convicted or registered sex offender or a person who has been convicted of a dangerous crime against children as defined in section 13‑705 may have access to the child.  The parent or custodian must provide notice by first class mail, return receipt requested, by electronic means to an electronic mail address that the recipient provided to the parent or custodian for notification purposes or by other communication accepted by the court.

C.  If a child is conceived as the result of a sexual assault and the person convicted of the sexual assault is the natural father of the child, the father has no right to legal decision-making of the child or parenting time with the child. END_STATUTE

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