Bill Text: AZ HB2055 | 2019 | Fifty-fourth Legislature 1st Regular | Chaptered
Bill Title: Juvenile court; jurisdiction
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2019-04-24 - Chapter 125 [HB2055 Detail]
Download: Arizona-2019-HB2055-Chaptered.html
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Senate Engrossed House Bill |
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State of Arizona House of Representatives Fifty-fourth Legislature First Regular Session 2019
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CHAPTER 125
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HOUSE BILL 2055 |
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AN ACT
amending sections 8‑202, 8-348 and 8-349, Arizona Revised Statutes; relating to juvenile court.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 8-202, Arizona Revised Statutes, is amended to read:
8-202. Jurisdiction of juvenile court
A. The juvenile court has original jurisdiction over all delinquency proceedings brought under the authority of this title.
B. The juvenile court has exclusive original jurisdiction over all proceedings brought under the authority of this title except for delinquency proceedings.
C. The juvenile court may consolidate any matter, except that the juvenile court shall not consolidate any of the following:
1. A criminal proceeding that is filed in another division of superior court and that involves a child who is subject to the jurisdiction of the juvenile court.
2. A delinquency proceeding with any other proceeding that does not involve delinquency, unless the juvenile delinquency adjudication proceeding is not heard at the same time or in the same hearing as a nondelinquency proceeding.
D. The juvenile court has jurisdiction of proceedings to:
1. Obtain judicial consent to the marriage, employment or enlistment in the armed services of a child, if consent is required by law.
2. In an action in which parental rights are terminated pursuant to chapter 4, article 5 or 11 of this title, change the name of a minor child who is the subject of the action. If the minor child who is the subject of the action is twelve years of age or older, the court shall consider the wishes of the child with respect to the name change.
E. The juvenile court has jurisdiction over both civil traffic violations and offenses listed in section 8‑323, subsection B that are committed within the county by persons who are under eighteen years of age unless the presiding judge of the county declines jurisdiction of these cases. The presiding judge of the county may decline jurisdiction of civil traffic violations committed within the county by juveniles if the presiding judge finds that the declination would promote the more efficient use of limited judicial and law enforcement resources located within the county. If the presiding judge declines jurisdiction, juvenile civil traffic violations shall be processed, heard and disposed of in the same manner and with the same penalties as adult civil traffic violations.
F. The orders of the juvenile court under the authority of this chapter or chapter 3 or 4 of this title take precedence over any order of any other court of this state except the court of appeals and the supreme court to the extent that they are inconsistent with orders of other courts.
G. Except as provided in subsection H of this section, jurisdiction of a child that is obtained by the juvenile court in a proceeding under this chapter or chapter 3 or 4 of this title shall be retained by it, for the purposes of implementing the orders made and filed in that proceeding, until the child becomes eighteen years of age, unless terminated by order of the court before the child's eighteenth birthday.
H. If the state files a notice of intent to retain jurisdiction when proceedings are commenced pursuant to section 8‑301, paragraph 1 or 2, the court shall retain jurisdiction over a juvenile who is at least seventeen years of age and who has been adjudicated a delinquent juvenile until the juvenile reaches nineteen years of age, unless before the juvenile's nineteenth birthday either:
1. Jurisdiction is terminated by order of the court.
2. The juvenile is discharged from the jurisdiction of the department of juvenile corrections pursuant to section 41‑2820.
I. Persons who are under eighteen years of age shall be prosecuted in the same manner as adults if either:
1. The juvenile court transfers jurisdiction pursuant to section 8‑327.
2. The juvenile is charged as an adult with an offense listed in section 13‑501.
J. The juvenile court shall retain jurisdiction after a juvenile's eighteenth birthday for the purpose of designating an undesignated felony offense as a misdemeanor or felony, including after an adjudication is set aside pursuant to section 8‑348.
Sec. 2. Section 8-348, Arizona Revised Statutes, is amended to read:
8-348. Setting aside adjudication; application; release from disabilities; exceptions
A. Except as provided in subsections C and D subsection I of this section, a person who is at least eighteen years of age, who has been adjudicated delinquent or incorrigible and who has fulfilled the conditions of probation and discharge ordered by the court or who is discharged from the department of juvenile corrections pursuant to section 41‑2820 on successful completion of the individual treatment plan may apply to the juvenile court to set aside the adjudication. The court or the department of juvenile corrections shall inform the person of this right in writing at the time the person is discharged of the disposition of the case.
B. The person or, if authorized in writing, the person's attorney, probation officer or parole officer may apply to set aside the adjudication. A copy of the application shall be served on the prosecutor. The clerk of the court may not charge a filing fee for an application to set aside an adjudication. The clerk shall transmit a copy of the application to the county attorney in the county where the referral was made.
C. The court may consider the following factors when determining whether to set aside an adjudication:
1. The nature and circumstances of the offense on which the adjudication is based.
2. Whether the person has been convicted of a felony offense.
3. Whether the person has any pending criminal charges.
4. The victim's input.
5. Any other factor that is relevant to the application.
B. D. Except as provided in subsection F of this section, if the court grants the application, the court shall set aside the adjudication, dismiss the petition and shall order that the person be released from all penalties and disabilities resulting from the adjudication except those imposed by the department of transportation pursuant to section 28‑3304, 28‑3306, 28‑3307, or 28‑3308 or 28‑3319. Regardless of whether the court sets aside the adjudication, the adjudication may be used for any purpose as provided in section 8‑207 or 13‑501 and the department of transportation may use the adjudication for the purposes of enforcing the provisions of section 28‑3304, 28‑3306, 28‑3307 or 28‑3308 as if the adjudication had not been set aside.
C. A person may not apply to set aside the adjudication if the person either:
1. Has been convicted of a criminal offense.
2. Has a criminal charge pending.
3. Has not successfully completed all of the terms and conditions of probation or been discharged from the department of juvenile corrections pursuant to section 41‑2820 on successful completion of the individual treatment plan.
4. Has not paid in full all restitution and monetary assessments.
E. On a showing of good cause, The court may modify any monetary obligation that is owed by the person except for victim restitution.
F. If the court grants an application, any remaining unpaid monetary obligation continues to be owed and is subject to the remedies included in sections 8-344 and 8-345 until the monetary obligation is paid.
G. If the court denies an application, the court shall state its reasons for the denial in writing.
H. If a victim has made a request for post adjudication notice, the victim has the right to be present and heard at any hearing on the application. The state shall provide the victim with notice of the application and of the rights provided to the victim in this section.
D. I. This section does not apply to a person who was adjudicated delinquent for any of the following:
1. An A dangerous offense involving the infliction of serious physical injury as defined in section 13‑105.
2. An offense involving the use or exhibition of a deadly weapon or dangerous instrument as defined in section 13‑105.
2. An offense for which there has been a finding of sexual motivation pursuant to section 13‑118.
3. An offense in violation of title 13, chapter 14.
4. An offense in violation of section 28‑1381, 28‑1382, or 28‑1383 or 28‑3473 if the offense can be alleged as a prior violation pursuant to title 28, chapter 4.
5. A civil traffic violation under title 28, chapter 3.
5. An offense for which the person has not paid in full the victim restitution ordered by the court.
Sec. 3. Section 8-349, Arizona Revised Statutes, is amended to read:
8-349. Destruction of juvenile records; electronic research records; definition
A. A person who is at least eighteen years of age and who has been referred to juvenile court adjudicated delinquent or incorrigible may apply for destruction of the person's juvenile court and department of juvenile corrections records.
B. if the records concern a referral or citation that did not result in further action or that resulted in diversion, placement in a community based alternative program or involve an adjudication for an offense other than an offense listed in section 13‑501, subsection A or B or title 28, chapter 4. , the person shall file an application with the juvenile court and shall serve a copy of the application on the county attorney in the county in which the referral was made. The person shall certify under oath that all of the following apply:
B. The person shall attest to all of the following in the application:
1. The person is at least eighteen years of age.
2. The person has not been convicted of a felony offense or adjudicated delinquent for an offense that would be an offense listed in section 13‑501, subsection A or B or title 28, chapter 4.
3. A criminal charge is not pending.
4. The person has successfully completed all of the terms and conditions of court ordered court-ordered probation or been discharged from the department of juvenile corrections pursuant to section 41‑2820 on successful completion of the individualized individual treatment plan.
5. All restitution and monetary assessments have been is paid in full.
6. The person is not under the jurisdiction of the juvenile court or the department of juvenile corrections.
7. The person is not currently required to register pursuant to section 13‑3821.
8. The person has either paid All monetary obligations in full or has requested the court to modify the outstanding monetary obligations pursuant to subsection K of this section.
C. The juvenile court may order the destruction of records under subsection B A of this section if the court finds all of the following:
1. The person is at least eighteen years of age.
2. The person has not been convicted of a felony offense.
3. A criminal charge is not pending.
4. The person was not adjudicated for an offense listed in section 13‑501, subsection A or B or title 28, chapter 4.
5. The person successfully completed all of the terms and conditions of probation or was discharged from the department of juvenile corrections pursuant to section 41‑2820 on successful completion of the individualized individual treatment plan.
6. All restitution and monetary assessments have been is paid in full.
7. The destruction of the records is in the interests of justice.
8. The destruction of the records would further the rehabilitative process of the applicant.
7. all monetary obligations are either paid in full or have been modified pursuant to subsection K of this section.
8. The person is not under the jurisdiction of the juvenile court or the department of juvenile corrections.
9. The person is not currently required to register pursuant to section 13‑3821.
D. If the records concern a referral that resulted in an adjudication of delinquency for an offense not subject to subsection B of this section the person shall file the application with the juvenile court and shall serve a copy of the application on the county attorney in the county in which the referral was made.
D. A person who is not eligible to have the person's records destroyed pursuant to subsection A of this section may apply to have the person's juvenile court and department of juvenile corrections records destroyed pursuant to subsection E of this section. The person shall certify under oath that attest to all of the following apply in an application:
1. The person is at least twenty‑five years of age.
2. The person has not been convicted of a felony offense.
3. A criminal charge is not pending.
4. The person has successfully completed all of the terms and conditions of court ordered probation or been discharged from the department of juvenile corrections pursuant to section 41‑2820 on successful completion of the individualized treatment plan.
5. 4. All restitution and monetary assessments have been is paid in full.
5. The person has either paid All monetary obligations in full or has requested the court to modify the outstanding monetary obligations pursuant to subsection K of this section.
6. The person is not currently required to register pursuant to section 13‑3821.
E. The juvenile court may order the destruction of records under subsection D of this section if the county attorney does not object within ninety days after the date of the notice and the court finds that all of the following apply to a person who files an application pursuant to subsection D of this section:
1. The person is at least twenty‑five years of age.
2. The person has not been convicted of a felony offense.
3. A criminal charge is not pending.
4. The person has successfully completed all of the terms and conditions of probation, including the payment of all restitution, or been discharged from the department of juvenile corrections pursuant to section 41‑2820 on successful completion of the individualized treatment plan.
5. 4. All restitution and monetary assessments have been is paid in full.
6. The destruction of the records would be in the interests of justice.
5. All monetary obligations are either paid in full or have been modified pursuant to subsection K of this section.
6. The person is not currently required to register pursuant to section 13‑3821.
7. The destruction of the records would further the rehabilitative process of the applicant.
F. The juvenile court and the department of juvenile corrections may store any records for research purposes.
G. At the juvenile's disposition hearing, the court shall inform the juvenile, in writing, of the right to the destruction of the juvenile's court and department of juvenile corrections records.
H. The clerk of the court may not charge a filing fee for the application to destroy juvenile records.
I. The clerk of the court shall transmit a copy of an application submitted pursuant to this section to the county attorney in the county in which the referral was made.
J. The county attorney may file an objection to an application that is submitted pursuant to this section for the destruction of records.
K. On a showing of good cause, The court may modify any monetary obligation except for victim restitution.
L. The juvenile court, the clerk of the superior court and the juvenile probation department, on notification by the probation department, shall destroy the records that concern a referral or citation that did not result in further action or that resulted in a successful completion of diversion within ninety days after the person who was the subject of the referral or citation reaches eighteen years of age. The probation department shall send a copy of the notice to the department of public safety central state repository.
M. Within six months after receiving a notification from the superior court that a person's juvenile delinquency or incorrigibility records were destroyed, the department of child safety shall destroy all court, juvenile probation and department of juvenile corrections records that are in the department of child safety's possession and that were produced in the delinquency or incorrigibility matter.
N. For the purposes of this section, "successfully" means, in the discretion of the court, the person satisfied the conditions of probation.
APPROVED BY THE GOVERNOR APRIL 24, 2019.
FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 24, 2019.
