Bill Text: AZ HB2767 | 2023 | Fifty-sixth Legislature 1st Regular | Introduced
Bill Title: Legislators; personally identifiable information; confidentiality
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2023-02-13 - House read second time [HB2767 Detail]
Download: Arizona-2023-HB2767-Introduced.html
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REFERENCE TITLE: legislators; personally identifiable information; confidentiality |
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State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023
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HB 2767 |
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Introduced by Representatives Sandoval: Aguilar, Gutierrez, Hernandez L, Terech
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An Act
amending sections 11-483, 11-484, 13-2401, 16-153, 16-311, 16-312, 16-314, 16-341, 28-454, 39-123 and 39-124, Arizona Revised Statutes; relating to records confidentiality.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 11-483, Arizona Revised Statutes, is amended to read:
11-483. Records maintained by county recorder; confidentiality; definitions
A. Notwithstanding any other provision of this article, in any county an eligible person may request that the general public be prohibited from accessing the unique identifier and the recording date contained in indexes of recorded instruments maintained by the county recorder and may request the county recorder to prohibit access to that person's identifying information, including any of that person's documents, instruments or writings recorded by the county recorder.
B. An eligible person may request this action by filing an affidavit that states all of the following on an application form developed by the administrative office of the courts in agreement with an association of counties, an organization of peace officers and the motor vehicle division of the department of transportation:
1. The person's full legal name and residential address.
2. The full legal description and parcel number of the person's property.
3. Unless the person is the spouse of a peace officer or the spouse or minor child of a deceased peace officer or the person is a former public official or former judge, the position the person currently holds and a description of the person's duties, except that an eligible person who is protected under an order of protection or injunction against harassment shall instead attach a copy of the order of protection or injunction against harassment or an eligible person who is a participant in the address confidentiality program shall instead attach a copy of the participant's current and valid address confidentiality program authorization card issued pursuant to section 41-163 and a statement of certification provided by the secretary of state's office.
4. The reasons the person reasonably believes that the person's life or safety or that of another person is in danger and that restricting access pursuant to this section will serve to reduce the danger.
5. The document locator number and recording date of each instrument for which the person requests access restriction pursuant to this section.
6. A copy of pages from each instrument that includes the document locator number and the person's identifying information, including the person's full legal name and residential address or full legal name and telephone number.
C. If an eligible person is also requesting pursuant to section 11-484 that the general public be prohibited from accessing records maintained by the county assessor and county treasurer, the eligible person may combine the request pursuant to subsection B of this section with the request pursuant to section 11-484 by filing one affidavit. The affidavit and subsequent action by the appropriate authorities shall meet all of the requirements of this section and section 11-484.
D. The affidavit shall be filed with the presiding judge of the superior court in the county in which the affiant resides. To prevent multiple filings, an eligible person who is a peace officer, spouse of a peace officer, spouse or minor child of a deceased peace officer, public defender, prosecutor, code enforcement officer, corrections or detention officer, corrections support staff member or law enforcement support staff member shall deliver the affidavit to the peace officer's commanding officer, or to the head of the prosecuting, public defender, code enforcement, law enforcement, corrections or detention agency, as applicable, or that person's designee, who shall file the affidavits at one time. In the absence of an affidavit that contains a request for immediate action and that is supported by facts justifying an earlier presentation, the commanding officer, or the head of the prosecuting, public defender, code enforcement, law enforcement, corrections or detention agency, as applicable, or that person's designee, shall not file affidavits more often than quarterly.
E. On receipt of an affidavit or affidavits, the presiding judge of the superior court shall file with the clerk of the superior court a petition on behalf of all requesting affiants. Each affidavit presented shall be attached to the petition. In the absence of an affidavit that contains a request for immediate action and that is supported by facts justifying an earlier consideration, the presiding judge may accumulate affidavits and file a petition at the end of each quarter.
F. The presiding judge of the superior court shall review the petition and each attached affidavit to determine whether the action requested by each affiant should be granted. If the presiding judge of the superior court concludes that the action requested by the affiant will reduce a danger to the life or safety of the affiant or another person, the presiding judge of the superior court shall order that the county recorder prohibit access for five years to the affiant's identifying information, including any of that person's documents, instruments or writings recorded by the county recorder and made available on the internet. If the presiding judge of the superior court concludes that the affiant or another person is in actual danger of physical harm from a person or persons with whom the affiant has had official dealings and that action pursuant to this section will reduce a danger to the life or safety of the affiant or another person, the presiding judge of the superior court shall order that the general public be prohibited for five years from accessing the unique identifier and the recording date contained in indexes of recorded instruments maintained by the county recorder and identified pursuant to subsection B of this section.
G. On motion to the court, if the presiding judge of the superior court concludes that an instrument or writing recorded by the county recorder has been redacted or sealed in error, that the original affiant no longer lives at the address listed in the original affidavit, that the cause for the original affidavit no longer exists or that temporary access to the instrument or writing is needed, the presiding judge may temporarily stay or permanently vacate all or part of the court order prohibiting public access to the recorded instrument or writing.
H. On entry of the court order, the clerk of the superior court shall file the court order and a copy of the affidavit required by subsection B of this section with the county recorder. Not more than ten days after the date on which the county recorder receives the court order, the county recorder shall restrict access to the information as required by subsection F of this section.
I. If the court denies an affiant's request pursuant to this section, the affiant may request a court hearing. The hearing shall be conducted by the court in the county where the petition was filed.
J. The county recorder shall remove the restrictions on all records restricted pursuant to this section by January 5 in the year after the court order expires. The county recorder shall send by mail one notice to either the public official, former public official, peace officer, spouse of a peace officer, spouse or minor child of a deceased peace officer, public defender, prosecutor, code enforcement officer, corrections or detention officer, corrections support staff member, law enforcement support staff member, employee of the department of child safety or employee of adult protective services who has direct contact with families in the course of employment or the employing agency of a peace officer, public defender, prosecutor, code enforcement officer, corrections or detention officer, corrections support staff member, law enforcement support staff member or employee of adult protective services who was granted an order pursuant to this section of the order's expiration date at least six months before the expiration date. If the notice is sent to the employing agency, the employing agency shall immediately notify the person who was granted the order of the upcoming expiration date. The county recorder may coordinate with the county assessor and county treasurer to prevent multiple notices from being sent to the same person.
K. To include subsequent recordings in the court order, the eligible person shall present to the county recorder at the time of recordation a certified copy of the court order or shall provide to the county recorder the recording number of the court order. The county recorder shall ensure that public access is restricted pursuant to subsection A of this section.
L. This section does not restrict access to public records for the purposes of perfecting a lien pursuant to title 12, chapter 9, article 2.
M. This section does not prohibit access to the records of the county recorder by parties to the instrument, a law enforcement officer performing the officer's official duties pursuant to subsection N of this section, a title insurer, a title insurance agent or an escrow agent licensed by the department of insurance and financial institutions.
N. A law enforcement officer is deemed to be performing the officer's official duties if the officer provides a subpoena, court order or search warrant for the records.
n. A person or entity in this state may not access a public official's actual residence address or license plate number but may access the public official's city or town of residence.
O. For the purposes of this section:
1. "Code enforcement officer" means a person who is employed by a state or local government and whose duties include performing field inspections of buildings, structures or property to ensure compliance with and enforce national, state and local laws, ordinances and codes.
2. "Commissioner" means a commissioner of the superior court or municipal court.
3. "Corrections support staff member" means an adult or juvenile corrections employee who has direct contact with inmates.
4. "Eligible person" means a public official, former public official, peace officer, spouse of a peace officer, spouse or minor child of a deceased peace officer, justice, judge, commissioner, hearing officer, public defender, prosecutor, code enforcement officer, adult or juvenile corrections officer, corrections support staff member, probation officer, member of the commission on appellate court appointments, member of the board of executive clemency, law enforcement support staff member, employee of the department of child safety or employee of adult protective services who has direct contact with families in the course of employment, national guard member who is acting in support of a law enforcement agency, person who is protected under an order of protection or injunction against harassment, person who is a participant in the address confidentiality program pursuant to title 41, chapter 1, article 3 or firefighter who is assigned to the Arizona counter terrorism information center in the department of public safety.
5. "Former public official" means a person who was duly elected or appointed to Congress, the legislature or a statewide office, who ceased serving in that capacity and who was the victim of a dangerous offense as defined in section 13-105 while in office.
6. "Hearing officer" means a hearing officer who is appointed pursuant to section 28-1553.
7. "Indexes" means only those indexes that are maintained by and located in the office of the county recorder, that are accessed electronically and that contain information beginning from and after January 1, 1987.
8. "Judge" means a judge or former judge of the United States district court, the United States court of appeals, the United States magistrate court, the United States bankruptcy court, the United States immigration court, the Arizona court of appeals, the superior court or a municipal court.
9. "Justice" means a justice of the United States or Arizona supreme court or a justice of the peace.
10. "Law enforcement support staff member" means a person who serves in the role of an investigator or prosecutorial assistant in an agency that investigates or prosecutes crimes, who is integral to the investigation or prosecution of crimes and whose name or identity will be revealed in the course of public proceedings.
11. "Peace officer":
(a) Means any person vested by law, or formerly vested by law, with a duty to maintain public order and make arrests.
(b) Includes a federal law enforcement officer or agent who resides in this state and who has the power to make arrests pursuant to federal law.
12. "Prosecutor" means a current or former county attorney, municipal prosecutor, attorney general or United States attorney and includes a current or former assistant or deputy United States attorney, county attorney, municipal prosecutor or attorney general.
13. "Public defender" means a federal public defender, county public defender, county legal defender or county contract indigent defense counsel and includes an assistant or deputy federal public defender, county public defender or county legal defender.
Sec. 2. Section 11-484, Arizona Revised Statutes, is amended to read:
11-484. Records maintained by county assessor and county treasurer; redaction; definitions
A. Notwithstanding any other provision of this article, in any county an eligible person may request that the general public be prohibited from accessing that person's identifying information, including any of that person's documents, instruments, writings and information maintained by the county assessor and the county treasurer.
B. An eligible person may request this action by filing an affidavit that states all of the following on an application form developed by the administrative office of the courts in agreement with an association of counties, an organization of peace officers and the motor vehicle division of the department of transportation:
1. The person's full legal name and residential address.
2. The full legal description and parcel number of the person's property.
3. Unless the person is the spouse of a peace officer or the spouse or minor child of a deceased peace officer or the person is a former public official or former judge, the position the person currently holds and a description of the person's duties, except that an eligible person who is protected under an order of protection or injunction against harassment shall attach a copy of the order of protection or injunction against harassment or an eligible person who is a participant in the address confidentiality program shall instead attach a copy of the participant's current and valid address confidentiality program authorization card issued pursuant to section 41-163 and a statement of certification provided by the secretary of state's office.
4. The reasons the person reasonably believes that the person's life or safety or that of another person is in danger and that redacting the person's identifying information, including the residential address and telephone number, will serve to reduce the danger.
C. If an eligible person is also requesting pursuant to section 11-483 that the general public be prohibited from accessing records maintained by the county recorder, the eligible person may combine the request pursuant to subsection B of this section with the request pursuant to section 11-483 by filing one affidavit. The affidavit and subsequent action by the appropriate authorities shall meet all of the requirements of this section and section 11-483.
D. The affidavit shall be filed with the presiding judge of the superior court in the county in which the affiant resides. To prevent multiple filings, an eligible person who is a peace officer, spouse of a peace officer, spouse or minor child of a deceased peace officer, public defender, prosecutor, code enforcement officer, corrections or detention officer, corrections support staff member or law enforcement support staff member shall deliver the affidavit to the peace officer's commanding officer, or to the head of the prosecuting, public defender, code enforcement, law enforcement, corrections or detention agency, as applicable, or that person's designee, who shall file the affidavits at one time. In the absence of an affidavit that contains a request for immediate action and that is supported by facts justifying an earlier presentation, the commanding officer, or the head of the prosecuting, public defender, code enforcement, law enforcement, corrections or detention agency, as applicable, or that person's designee, shall not file affidavits more often than quarterly.
E. On receipt of an affidavit or affidavits, the presiding judge of the superior court shall file with the clerk of the superior court a petition on behalf of all requesting affiants. Each affidavit presented shall be attached to the petition. In the absence of an affidavit that contains a request for immediate action and that is supported by facts justifying an earlier consideration, the presiding judge may accumulate affidavits and file a petition at the end of each quarter.
F. The presiding judge of the superior court shall review the petition and each attached affidavit to determine whether the action requested by each affiant should be granted. If the presiding judge of the superior court concludes that the action requested by the affiant will reduce a danger to the life or safety of the affiant or another person, the presiding judge of the superior court shall order the redaction of the affiant's identifying information, including any of that person's documents, instruments, writings and information maintained by the county assessor and the county treasurer. The redaction shall be in effect for five years.
G. On motion to the court, if the presiding judge of the superior court concludes that an instrument or writing maintained by the county assessor or the county treasurer has been redacted or sealed in error, that the original affiant no longer lives at the address listed in the original affidavit, that the cause for the original affidavit no longer exists or that temporary access to the instrument or writing is needed, the presiding judge may temporarily stay or permanently vacate all or part of the court order prohibiting public access to the instrument or writing.
H. On entry of the court order, the clerk of the superior court shall file the court order and a copy of the affidavit required by subsection B of this section with the county assessor and the county treasurer. Not more than ten days after the date on which the county assessor and the county treasurer receive the court order, the county assessor and the county treasurer shall restrict access to the information as required by subsection F of this section.
I. If the court denies an affiant's request pursuant to this section, the affiant may request a court hearing. The hearing shall be conducted by the court in the county where the petition was filed.
J. The county assessor and the county treasurer shall remove the restrictions on all records that are redacted pursuant to this section by January 5 in the year after the court order expires. The county assessor or the county treasurer shall send by mail one notice to either the public official, former public official, peace officer, spouse of a peace officer, spouse or minor child of a deceased peace officer, public defender, prosecutor, code enforcement officer, corrections or detention officer, corrections support staff member, law enforcement support staff member, employee of the department of child safety or employee of adult protective services who has direct contact with families in the course of employment or the employing agency of a peace officer, public defender, prosecutor, code enforcement officer, corrections or detention officer, corrections support staff member, law enforcement support staff member or employee of adult protective services who was granted an order pursuant to this section of the order's expiration date at least six months before the expiration date. If the notice is sent to the employing agency, the employing agency shall immediately notify the person who was granted the order of the upcoming expiration date. The county assessor or county treasurer may coordinate with the county recorder to prevent multiple notices from being sent to the same person.
K. For the purposes of this section:
1. "Code enforcement officer" means a person who is employed by a state or local government and whose duties include performing field inspections of buildings, structures or property to ensure compliance with and enforce national, state and local laws, ordinances and codes.
2. "Commissioner" means a commissioner of the superior court or municipal court.
3. "Corrections support staff member" means an adult or juvenile corrections employee who has direct contact with inmates.
4. "Eligible person" means a public official, former public official, peace officer, spouse of a peace officer, spouse or minor child of a deceased peace officer, justice, judge, commissioner, hearing officer, public defender, prosecutor, code enforcement officer, adult or juvenile corrections officer, corrections support staff member, probation officer, member of the commission on appellate court appointments, member of the board of executive clemency, law enforcement support staff member, employee of the department of child safety or employee of adult protective services who has direct contact with families in the course of employment, national guard member who is acting in support of a law enforcement agency, person who is protected under an order of protection or injunction against harassment, person who is a participant in the address confidentiality program pursuant to title 41, chapter 1, article 3, or firefighter who is assigned to the Arizona counter terrorism information center in the department of public safety.
5. "Former public official" means a person who was duly elected or appointed to Congress, the legislature or a statewide office, who ceased serving in that capacity and who was the victim of a dangerous offense as defined in section 13-105 while in office.
6. "Hearing officer" means a hearing officer who is appointed pursuant to section 28-1553.
7. "Judge" means a judge or former judge of the United States district court, the United States court of appeals, the United States magistrate court, the United States bankruptcy court, the United States immigration court, the Arizona court of appeals, the superior court or a municipal court.
8. "Justice" means a justice of the United States or Arizona supreme court or a justice of the peace.
9. "Law enforcement support staff member" means a person who serves in the role of an investigator or prosecutorial assistant in an agency that investigates or prosecutes crimes, who is integral to the investigation or prosecution of crimes and whose name or identity will be revealed in the course of public proceedings.
10. "Peace officer":
(a) Means any person vested by law, or formerly vested by law, with a duty to maintain public order and make arrests.
(b) Includes a federal law enforcement officer or agent who resides in this state and who has the power to make arrests pursuant to federal law.
11. "Prosecutor" means a current or former county attorney, municipal prosecutor, attorney general or United States attorney and includes a current or former assistant or deputy United States attorney, county attorney, municipal prosecutor or attorney general.
12. "Public defender" means a federal public defender, county public defender, county legal defender or county contract indigent defense counsel and includes an assistant or deputy federal public defender, county public defender or county legal defender.
13. "public official" means a person who is duly elected or appointed to congress, the legislature, a statewide office or a county, city, town or political subdivision office.
Sec. 3. Section 13-2401, Arizona Revised Statutes, is amended to read:
13-2401. Personal information on the internet; exception; classification; definitions
A. It is unlawful for a person to knowingly make available on the world wide web internet the personal information of a public official, peace officer, justice, judge, commissioner, hearing officer, public defender, member of the commission on appellate court appointments, employee of the department of child safety or employee of adult protective services who has direct contact with families in the course of employment or prosecutor if the dissemination of the personal information poses an imminent and serious threat to the public official's, peace officer's, justice's, judge's, commissioner's, hearing officer's, public defender's, member's, department of child safety employee's, adult protective services employee's or prosecutor's safety or the safety of that person's immediate family and the threat is reasonably apparent to the person making the information available on the internet to be serious and imminent.
B. It is not a violation of this section if an employee of a county recorder, county treasurer or county assessor publishes personal information, in good faith, on the website of the county recorder, county treasurer or county assessor in the ordinary course of carrying out public functions.
C. A violation of subsection A of this section is a class 5 felony.
D. For the purposes of this section:
1. "Commissioner" means a commissioner of the superior court or municipal court.
2. "Hearing officer" means a hearing officer who is appointed pursuant to section 28-1553.
3. "Immediate family" means a peace officer's, justice's, judge's, commissioner's, public defender's or prosecutor's spouse, child or parent and any other adult who lives in the same residence as the person.
4. "Judge" means a judge of the United States district court, the United States court of appeals, the United States magistrate court, the United States bankruptcy court, the Arizona court of appeals, the superior court or a municipal court.
5. "Justice" means a justice of the United States or Arizona supreme court or a justice of the peace.
6. "Personal information" means a public official's, peace officer's, justice's, judge's, commissioner's, hearing officer's, public defender's, commission on appellate court appointments member's or prosecutor's home address, home telephone number, pager number, personal photograph, directions to the person's home or photographs of the person's home or vehicle.
7. "Prosecutor" means a current or former county attorney, municipal prosecutor, attorney general or United States attorney and includes a current or former assistant or deputy United States attorney, county attorney, municipal prosecutor or attorney general.
8. "Public defender" means a federal public defender, county public defender, county legal defender or county contract indigent defense counsel and includes an assistant or deputy federal public defender, county public defender or county legal defender.
9. "public official" means a person who is duly elected or appointed to congress, the legislature, a statewide office or a county, city, town or political subdivision office.
Sec. 4. Section 16-153, Arizona Revised Statutes, is amended to read:
16-153. Voter registration; confidentiality; definitions
A. Eligible persons, and any other registered voter who resides at the same residence address as the eligible person, may request that the general public be prohibited from accessing the eligible person's identifying information, including any of that person's documents and voting precinct number contained in that person's voter registration record.
B. Eligible persons may request this action by filing an affidavit that states all of the following on an application form developed by the administrative office of the courts in agreement with an association of counties and an organization of peace officers:
1. The person's full legal name, residential address and date of birth.
2. Unless the person is the spouse of a peace officer or the spouse or minor child of a deceased peace officer or the person is a former public official or former judge, the position the person currently holds and a description of the person's duties, except that an eligible person who is protected under an order of protection or injunction against harassment shall instead attach a copy of the order of protection or injunction against harassment.
3. The reasons for reasonably believing that the person's life or safety or that of another person is in danger and that sealing the identifying information and voting precinct number of the person's voting record will serve to reduce the danger.
C. The affidavit shall be filed with the presiding judge of the superior court in the county in which the affiant resides. To prevent multiple filings, an eligible person who is a peace officer, prosecutor, public defender, code enforcement officer, corrections or detention officer, corrections support staff member or law enforcement support staff member shall deliver the affidavit to the peace officer's commanding officer, or to the head of the prosecuting, public defender, code enforcement, law enforcement, corrections or detention agency, as applicable, or that person's designee, who shall file the affidavits at one time. In the absence of an affidavit that contains a request for immediate action and is supported by facts justifying an earlier presentation, the commanding officer, or the head of the prosecuting, public defender, code enforcement, law enforcement, corrections or detention agency, as applicable, or that person's designee, shall not file affidavits more often than quarterly.
D. On receipt of an affidavit or affidavits, the presiding judge of the superior court shall file with the clerk of the superior court a petition on behalf of all requesting affiants. The petition shall have attached each affidavit presented. In the absence of an affidavit that contains a request for immediate action and that is supported by facts justifying an earlier consideration, the presiding judge may accumulate affidavits and file a petition at the end of each quarter.
E. The presiding judge of the superior court shall review the petition and each attached affidavit to determine whether the action requested by each affiant should be granted. The presiding judge of the superior court shall order the sealing for five years of the information contained in the voter record of the affiant and, on request, any other registered voter who resides at the same residence address if the presiding judge concludes that this action will reduce a danger to the life or safety of the affiant.
F. The recorder shall remove the restrictions on all voter records submitted pursuant to subsection E of this section by January 5 in the year after the court order expires. The county recorder shall send by mail one notice to either the public official, former public official, peace officer, spouse of a peace officer, spouse or minor child of a deceased peace officer, public defender, prosecutor, code enforcement officer, corrections or detention officer, corrections support staff member, law enforcement support staff member, employee of the department of child safety or employee of adult protective services who has direct contact with families in the course of employment or the employing agency of a peace officer, public defender, prosecutor, code enforcement officer, corrections or detention officer, corrections support staff member or law enforcement support staff member who was granted an order pursuant to this section of the order's expiration date at least six months before the January 5 removal date. If the notice is sent to the employing agency, the employing agency shall immediately notify the person who was granted the order of the upcoming expiration date. The county recorder may coordinate with the county assessor and county treasurer to prevent multiple notices from being sent to the same person.
G. On entry of the court order, the clerk of the superior court shall file the court order with the county recorder. On receipt of the court order the county recorder shall seal the voter registration of the persons listed in the court order no later than one hundred twenty days from the date of receipt of the court order. To include a subsequent voter registration in the court order, a person listed in the court order shall present to the county recorder at the time of registration a certified copy of the court order or shall provide the county recorder the recording number of the court order. The information in the registration shall not be disclosed and is not a public record.
H. If the court denies an affiant's requested sealing of the voter registration record, the affiant may request a court hearing. The hearing shall be conducted by the court where the petition was filed.
I. On motion to the court, if the presiding judge of the superior court concludes that a voter registration record has been sealed in error or that the cause for the original affidavit no longer exists, the presiding judge may vacate the court order prohibiting public access to the voter registration record.
J. On request by a person who is protected under an order of protection or injunction against harassment and presentation of an order of protection issued pursuant to section 13-3602, an injunction against harassment issued pursuant to section 12-1809 or an order of protection or injunction against harassment issued by a court in another state or a program participant in the address confidentiality program pursuant to title 41, chapter 1, article 3, the county recorder shall seal 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. The record shall be sealed no later than one hundred twenty days from the date of receipt of the court order. The information in the registration shall not be disclosed and is not a public record.
K. For the purposes of this section:
1. "Code enforcement officer" means a person who is employed by a state or local government and whose duties include performing field inspections of buildings, structures or property to ensure compliance with and enforce national, state and local laws, ordinances and codes.
2. "Commissioner" means a commissioner of the superior court or municipal court.
3. "Corrections support staff member" means an adult or juvenile corrections employee who has direct contact with inmates.
4. "Eligible person" means a public official, former public official, peace officer, spouse of a peace officer, spouse or minor child of a deceased peace officer, justice, judge, commissioner, hearing officer, public defender, prosecutor, member of the commission on appellate court appointments, code enforcement officer, adult or juvenile corrections officer, corrections support staff member, probation officer, member of the board of executive clemency, law enforcement support staff member, employee of the department of child safety or employee of adult protective services who has direct contact with families in the course of employment, national guard member who is acting in support of a law enforcement agency, person who is protected under an order of protection or injunction against harassment or firefighter who is assigned to the Arizona counter terrorism information center in the department of public safety.
5. "Former public official" means a person who was duly elected or appointed to Congress, the legislature or a statewide office, who ceased serving in that capacity and who was the victim of a dangerous offense as defined in section 13-105 while in office.
6. "Hearing officer" means a hearing officer who is appointed pursuant to section 28-1553.
7. "Judge" means a judge or former judge of the United States district court, the United States court of appeals, the United States magistrate court, the United States bankruptcy court, the United States immigration court, the Arizona court of appeals, the superior court or a municipal court.
8. "Justice" means a justice of the United States or Arizona supreme court or a justice of the peace.
9. "Law enforcement support staff member" means a person who serves in the role of an investigator or prosecutorial assistant in an agency that investigates or prosecutes crimes, who is integral to the investigation or prosecution of crimes and whose name or identity will be revealed in the course of public proceedings.
10. "Peace officer":
(a) Has the same meaning prescribed in section 1-215.
(b) Includes a federal law enforcement officer or agent who resides in this state and who has the power to make arrests pursuant to federal law.
11. "Prosecutor" means a current or former United States attorney, county attorney, municipal prosecutor or attorney general and includes a current or former assistant or deputy United States attorney, county attorney, municipal prosecutor or attorney general.
12. "Public defender" means a federal public defender, county public defender, county legal defender or county contract indigent defense counsel and includes an assistant or deputy federal public defender, county public defender or county legal defender.
13. "Public official" means a person who is duly elected or appointed to Congress, the legislature, or a statewide office or a county, city, town or political subdivision office.
Sec. 5. Section 16-311, Arizona Revised Statutes, is amended to read:
16-311. Nomination papers; statement of interest; filing; definitions
A. Any person desiring to become a candidate at a primary election for a political party and to have the person's name printed on the official ballot shall be a qualified elector of the party and, not less than one hundred twenty nor more than one hundred fifty days before the primary election, shall sign and cause to be filed a nomination paper giving the person's actual residence address or, if the person does not have an actual residence address, a description of place of residence and post office address, or, if the person's actual residence address is protected pursuant to section 16-153, a post office box or private mailbox address in the candidate's district or precinct, as applicable for a district or precinct office, naming the party of which the person desires to become a candidate, stating the office and district or precinct, if any, for which the person offers the person's candidacy, stating the exact manner in which the person desires to have the person's name printed on the official ballot pursuant to subsection G of this section, and giving the date of the primary election and, if nominated, the date of the general election at which the person desires to become a candidate. Except for a candidate for United States senator or representative in Congress, a candidate for public office shall be a qualified elector at the time of filing and shall reside in the county, district or precinct that the person proposes to represent. A candidate for partisan public office shall be continuously registered with the political party of which the person desires to be a candidate beginning no not later than the date of the first petition signature on the candidate's petition through the date of the general election at which the person is a candidate.
B. Any person desiring to become a candidate at any nonpartisan election and to have the person's name printed on the official ballot shall be at the time of filing a qualified elector of the county, city, town or district and, not less than one hundred twenty nor more than one hundred fifty days before the election, shall sign and cause to be filed a nomination paper giving the person's actual residence address or, if the person does not have an actual residence address, a description of place of residence and post office address, or, if the person's actual residence address is protected pursuant to section 16-153, city or town of RESIDENCE or a post office box or private mailbox address in the candidate's county, city, town or district and ward or precinct, as applicable for a county, city, town or district and ward or precinct office, stating the office and county, city, town or district and ward or precinct, if any, for which the person offers the person's candidacy, stating the exact manner in which the person desires to have the person's name printed on the official ballot pursuant to subsection G of this section and giving the date of the election. A candidate for office shall reside at the time of filing in the county, city, town, district, ward or precinct that the person proposes to represent.
C. Notwithstanding subsection B of this section, any city or town may adopt by ordinance for its elections the time frame provided in subsection A of this section for filing nomination petitions. The ordinance shall be adopted not less than one hundred fifty days before the first election to which it applies.
D. All persons desiring to become a candidate shall file with the nomination paper provided for in subsection A of this section a declaration, which shall be printed in a form prescribed by the secretary of state. The declaration shall include facts sufficient to show that, other than the residency requirement provided in subsection A of this section and the satisfaction of any monetary penalties, fines or judgments as prescribed in subsection J of this section, the candidate will be qualified at the time of election to hold the office the person seeks, and that for any monetary penalties, fines or judgments as prescribed in subsection J of this section, the candidate has made complete payment before the time of filing.
E. The nomination paper of a candidate for the office of United States senator or representative in Congress, for the office of presidential elector or for a state office, including a member of the legislature, or for any other office for which the electors of the entire state or a subdivision of the state greater than a county are entitled to vote, shall be filed with the secretary of state no later than 5:00 p.m. on the last date for filing.
F. The nomination paper of a candidate for superior court judge or for a county, district and precinct office for which the electors of a county or a subdivision of a county other than an incorporated city or town are entitled to vote shall be filed with the county elections officer no later than 5:00 p.m. on the last date for filing as prescribed by subsection A of this section. The nomination paper of a candidate for a city or town office shall be filed with the city or town clerk no later than 5:00 p.m. on the last date for filing. The nomination paper of a candidate for school district office shall be filed with the county school superintendent no later than 5:00 p.m. on the last date for filing.
G. The nomination paper shall include the exact manner in which the candidate desires to have the person's name printed on the official ballot and shall be limited to the candidate's surname and given name or names, an abbreviated version of such names or appropriate initials such as "Bob" for "Robert", "Jim" for "James", "Wm." for "William" or "S." for "Samuel". Nicknames are permissible, but nicknames, abbreviated versions or initials of given names may not suggest reference to professional, fraternal, religious or military titles and may not include a slogan, a promotional word or phrase or any word that does not actually constitute a nickname. No other descriptive name or names shall be printed on the official ballot, except as provided in this section. Candidates' abbreviated names or nicknames may be printed within quotation marks. The candidate's surname shall be printed first, followed by the given name or names.
H. Not later than the date of the first petition signature on a nomination petition, a person who may be a candidate for office pursuant to this section shall file a statement of interest with the appropriate filing officer for that office. The statement of interest shall contain the name of the person, the political party, if any, and the name of the office that may be sought. Any nomination petition signatures collected before the date the statement of interest is filed are invalid and subject to challenge. This subsection does not apply to:
1. Candidates for elected office for special taxing districts that are established pursuant to title 48.
2. Candidates for precinct committeeman.
3. Candidates for president or vice president of the United States.
I. A person who does not file a timely nomination paper that complies with this section is not eligible to have the person's name printed on the official ballot for that office. The filing officer shall not accept the nomination paper of a candidate for state or local office unless the person provides or has provided all of the following:
1. The financial disclosure statement as prescribed for candidates for that office.
2. The declaration of qualification and eligibility as prescribed in subsection D of this section.
J. Except in cases where the liability is being appealed, the filing officer shall not accept the nomination paper of a candidate for state or local office if the person is liable for an aggregation of $1,000 or more in fines, penalties, late fees or administrative or civil judgments, including any interest or costs, in any combination, that have not been fully satisfied at the time of the attempted filing of the nomination paper and the liability arose from failure to comply with or enforcement of chapter 6 of this title.
K. For the purposes of this title:
1. "Election district" means this state, any county, city, town, precinct or other political subdivision or a special district that is not a political subdivision, that is authorized by statute to conduct an election and that is authorized or required to conduct its election in accordance with this title.
2. "Nomination paper" means the form filed with the appropriate office by a person wishing to declare the person's intent to become a candidate for a particular political office.
Sec. 6. Section 16-312, Arizona Revised Statutes, is amended to read:
16-312. Filing of nomination papers for write-in candidates
A. Any person desiring to become a write-in candidate for an elective office in any election shall be at the time of filing a qualified elector of the county or district the person proposes to represent and shall have been a resident of that county or district for one hundred twenty days before the date of the election, except that for a city or town office, section 9-232 applies with respect to residency for the candidate. The person shall file a nomination paper, signed by the candidate, giving the person's actual residence address or, if the person does not have an actual residence address, a description of place of residence and post office address, or, if the person's actual residence address is protected pursuant to section 16-153, city or town of residence or a post office box or private mailbox address in the candidate's district, precinct or municipality, as applicable for the district, precinct or municipal office that the person proposes to represent, and the person's age, length of residence in the state and date of birth.
B. A write-in candidate shall file the nomination paper not earlier than one hundred fifty days before the election and not later than 5:00 p.m. on the fortieth day before the election, except that:
1. A candidate running as a write-in candidate as provided in section 16-343, subsection D shall file the nomination paper not later than 5:00 p.m. on the fifth day before the election.
2. A candidate running as a write-in candidate for an election that may be canceled pursuant to section 16-410 shall file the nomination paper not later than 5:00 p.m. on the one hundred sixth day before the election.
C. The write-in filing procedure shall be in the same manner as prescribed in section 16-311. Any person who does not file a timely nomination paper shall not be counted in the tally of ballots. The filing officer shall not accept the nomination paper of a candidate for state or local office unless the candidate provides or has provided the financial disclosure statement as prescribed for candidates for that office.
D. Except in cases where the liability is being appealed, the filing officer shall not accept the nomination paper of a write-in candidate for state or local office if the person is liable for an aggregation of $1,000 or more in fines, penalties, late fees or administrative or civil judgments, including any interest or costs, in any combination, that have not been fully satisfied at the time of the attempted filing of the nomination paper and the liability arose from failure to comply with or enforcement of chapter 6 of this title.
E. The secretary of state shall notify the various boards of supervisors as to write-in candidates filing with the secretary of state's office. The county school superintendent shall notify the appropriate board of supervisors as to write-in candidates filing with the superintendent's office. The board of supervisors shall notify the appropriate election board inspector of all candidates who have properly filed such statements. In the case of a city or town election, the city or town clerk shall notify the appropriate election board inspector of candidates properly filed. No other write-ins shall be counted. The election board inspector shall post the notice of official write-in candidates in a conspicuous location within the polling place.
F. Except as provided in section 16-343, subsection E, a candidate may not file pursuant to this section if any of the following applies:
1. For a candidate in the general election, the candidate ran in the immediately preceding primary election and failed to be nominated to the office sought in the current election.
2. For a candidate in the general election, the candidate filed a nomination petition for the immediately preceding primary election for the office sought and failed to provide a sufficient number of valid petition signatures as prescribed by section 16-322.
3. For a candidate in the primary election, the candidate filed a nomination petition for the current primary election for the office sought and failed to provide a sufficient number of valid petition signatures as prescribed by section 16-322, withdrew from the primary election after a challenge was filed or was removed from or otherwise determined by court order to be ineligible for the primary election ballot.
4. For a candidate in the general election, the candidate filed a nomination petition for nomination other than by primary for the office sought and failed to provide a sufficient number of valid petition signatures as prescribed by section 16-341.
G. A person who files a nomination paper pursuant to this section for the office of president of the United States shall designate in writing to the secretary of state at the time of filing the name of the candidate's vice-presidential running mate, the names of presidential electors who will represent that candidate and a statement signed by the vice-presidential running mate and designated presidential electors that indicates their consent to be designated. A nomination paper for each presidential elector designated shall be filed with the candidate's nomination paper. The number of presidential electors shall equal the number of United States senators and representatives in Congress from this state.
Sec. 7. Section 16-314, Arizona Revised Statutes, is amended to read:
16-314. Filing and form of nomination petitions; definition
A. Any person desiring to become a candidate at any election and to have the person's name printed on the official ballot shall file, not less than one hundred twenty nor more than one hundred fifty days before the primary election and with the same officer as provided by section 16-311, a nomination petition in addition to the nomination paper required.
B. For the purposes of this title, "nomination petition" means the form or forms used for obtaining the required number of signatures of qualified electors, which is circulated by or on behalf of the person wishing to become a candidate for a political office.
C. Nomination petitions shall be captioned "partisan nomination petition" or "nonpartisan nomination petition", followed by the language of the petition in substantially the following form, except that if the candidate does not have an actual residence address, the candidate may use a description of place of residence and post office address, or, if the candidate's actual residence address is protected pursuant to section 16-153, a post office box or private mailbox address in the candidate's political division or district from which the nomination is sought is sufficient:
Partisan Nomination Petition
I, the undersigned, a qualified elector of the county of ______________, state of Arizona, and of (here name political division or district from which the nomination is sought) and a member of the _______________ party or a person who is registered as no party preference or independent as the party preference or who is registered with a political party that is not qualified for representation on the ballot, hereby nominate ___________ who resides at _____________ in the city or town of ____________ in the county of ____________ for the party nomination for the office of _______________ to be voted at the primary election to be held _______________ as representing the principles of such party, and I hereby declare that I am qualified to vote for this office and that I have not signed, and will not sign, any nomination petition for more persons than the number of candidates necessary to fill such office at the next ensuing election. I further declare that if I choose to use a post office box address on this petition, my city or town of residence address has not changed since I last reported it to the county recorder for purposes of updating my voter registration file.
Nonpartisan Nomination Petition
I, the undersigned, a qualified elector of the county of _______________, state of Arizona, and of (here name political division or district from which the nomination is sought) hereby nominate _______________ who resides at _______________ in the county of _______________ for the office of ______________ to be voted at the _______________ election to be held _______________, and hereby declare that I am qualified to vote for this office and that I have not signed and will not sign any nomination petitions for more persons than the number of candidates necessary to fill such office at the next ensuing election. I further declare that if I choose to use a post office box address on this petition, my residence address has not changed since I last reported it to the county recorder for purposes of updating my voter registration file.
D. The nomination petition of a person seeking to fill an unexpired vacant term for any public office shall designate the expiration date of the term following the name of the office being sought.
Sec. 8. Section 16-341, Arizona Revised Statutes, is amended to read:
16-341. Nomination petition; method and time of filing; form; qualifications and number of petitioners required; statement of interest
A. Any qualified elector who is not a registered member of a political party that is recognized pursuant to this title may be nominated as a candidate for public office otherwise than by primary election or by party committee pursuant to this section.
B. This article shall not be used to place on the general election ballot the name of a political party that fails to meet the qualifications specified in section 16-802 or 16-804, or the name of any candidate representing such party or the name of a candidate who has filed a nomination petition in the immediately preceding primary election and has failed to qualify as the result of an insufficient number of valid signatures.
C. A nomination petition stating the name of the office to be filled, the name and residence of the candidate, or, if the candidate does not have an actual residence address, a description of place of residence and post office address, or, if the person's actual residence address is protected pursuant to section 16-153, and the candidate's city or town of residence or a post office box or private mailbox address in the candidate's district, precinct or municipality, as applicable for a district, precinct or municipal office, and other information required by this section shall be filed with the same officer with whom primary nomination papers and petitions are required to be filed as prescribed in section 16-311. Except for candidates for the office of presidential elector filed pursuant to this section, the petition shall be filed not less than one hundred twenty days nor more than one hundred fifty days before the primary election. The petition shall be signed only by voters who have not signed the nomination petitions of a candidate for the office to be voted for at that primary election.
D. The nomination petition shall be in substantially the following form, except that if the candidate does not have an actual residence address, the candidate may use a description of place of residence and post office address, or, if the candidate's actual residence address is protected pursuant to section 16-153, a post office box or private mailbox address in the candidate's district, precinct or municipality, as applicable for a district, precinct or municipal office, is sufficient:
The undersigned, qualified electors of __________ county, state of Arizona, do hereby nominate __________, who resides at __________ in the city or town of ____________ in the county of __________, as a candidate for the office of _______ at the general (or special, as the case may be) election to be held on the ________ day of _________, _____.
I hereby declare that I have not signed the nomination petitions of any candidate for the office to be voted for at this primary election, and I do hereby select the following designation under which name the said candidate shall be placed on the official ballot (here insert such designation not exceeding three words in length as the signers may select).
E. The nomination petition shall conform as nearly as possible to the provisions relating to nomination petitions of candidates to be voted for at primary elections and shall be signed by at least the number of persons who are registered to vote determined by calculating three percent of the persons who are registered to vote of the state, county, subdivision or district for which the candidate is nominated who are not members of a political party that is qualified to be represented by an official party ballot at the next ensuing primary election and accorded representation on the general election ballot.
F. The percentage of persons who are registered to vote necessary to sign the nomination petition shall be determined by the total number of registered voters from other than political parties that are qualified to be represented by an official party ballot at the next ensuing primary election and accorded representation on the general election ballot in the state, county, subdivision or district on January 2 of the year in which the general election is held. Notwithstanding the method prescribed by subsection E of this section and this subsection for calculating the minimum number of signatures necessary, any person who is registered to vote in the state, county, subdivision or district for which the candidate is nominated is eligible to sign the nomination petition without regard to the signer's party affiliation.
G. A nomination petition for any candidate may be circulated by a person who is not a resident of this state but who is otherwise eligible to register to vote in this state if that person registers as a circulator with the secretary of state before circulating petitions. The nomination petition for the office of presidential elector shall include a group of names of candidates equal to the number of United States senators and representatives in Congress from this state instead of separate nomination petitions for each candidate for the office of presidential elector. A valid signature on a petition containing a group of presidential electors candidates is counted as a signature for the nomination of each of the candidates. The presidential candidate whom the candidates for presidential elector will represent shall designate in writing to the secretary of state the names of the candidates who will represent the presidential candidate before any signatures for the candidate can be accepted for filing. A nomination petition for the office of presidential elector shall be filed not less than eighty nor more than one hundred days before the general election. The petition shall be signed only by qualified electors who have not signed the nomination petitions of a candidate for the office of presidential elector to be voted for at that election.
H. The secretary of state shall require in the instructions and procedures manual issued pursuant to section 16-452 that persons who circulate nomination petitions pursuant to this section and who are not residents of this state but who are otherwise eligible to register to vote in this state shall register as circulators with the office of the secretary of state before circulating petitions. The secretary of state shall provide for a method of receiving service of process for those petition circulators who are registered.
1. Candidates for elected office for special taxing districts that are established pursuant to title 48.
2. Candidates for precinct committeeman.
3. Candidates for president or vice president of the United States.
J. A person who files a nomination paper pursuant to this section for the office of president of the United States shall designate in writing to the secretary of state at the time of filing the name of the candidate's vice presidential running mate, the names of the presidential electors who will represent that candidate and a statement that is signed by the vice presidential running mate and the designated presidential electors and that indicates their consent to be designated. A nomination paper for each presidential elector designated shall be filed with the candidate's nomination paper. The number of presidential electors shall equal the number of United States senators and representatives in Congress from this state.
K. A candidate who does not file a timely nomination petition that complies with this section is not eligible to have the candidate's name printed on the official ballot for that office. The filing officer shall not accept the nomination paper of a candidate for state or local office unless the candidate provides or has provided all of the following:
1. The financial disclosure statement as prescribed for candidates for that office.
2. The declaration of qualification and eligibility as prescribed in section 16-311.
L. Not later than sixty days before the date of the general election, a candidate for governor who files a nomination petition pursuant to this section shall submit to the secretary of state the name of the person who will be the joint candidate for lieutenant governor with that gubernatorial candidate and whose name will appear on the general election ballot jointly with the candidate for governor.
M. Except in cases where the liability is being appealed, the filing officer shall not accept the nomination paper of a candidate for state or local office if the person is liable for an aggregation of $1,000 or more in fines, penalties, late fees or administrative or civil judgments, including any interest or costs, in any combination, that have not been fully satisfied at the time of the attempted filing of the nomination paper and the liability arose from failure to comply with or enforcement of chapter 6 of this title.
N. The secretary of state may authorize for statewide and legislative offices the creation, use and submission of petitions prescribed by this section in electronic form if those petitions provide for an appropriate method to verify signatures of petition circulators and signers. The secretary of state may require use of a unique marking system for petition pages, including a bar code, a quick response code or another similar marking system.
Sec. 9. Section 28-454, Arizona Revised Statutes, is amended to read:
28-454. Records maintained by department of transportation; redaction; definitions
A. Notwithstanding sections 28-447 and 28-455, an eligible person may request that persons be prohibited from accessing the eligible person's identifying information, including any of that person's documents, contained in any record maintained by the department.
B. An eligible person may request this action by filing an affidavit that states all of the following on an application form developed by the administrative office of the courts in agreement with an association of counties, an organization of peace officers and the department:
1. The person's full legal name and residential address.
2. Unless the person is the spouse of a peace officer or the spouse or minor child of a deceased peace officer or the person is a former public official or former judge, the position the person currently holds and a description of the person's duties, except that an eligible person who is protected under an order of protection or injunction against harassment shall attach a copy of the order of protection or injunction against harassment.
3. The reasons the person reasonably believes that the person's life or safety or that of another person is in danger and that redacting the identifying information from the department's public records will serve to reduce the danger.
C. The affidavit shall be filed with the presiding judge of the superior court in the county in which the affiant resides. To prevent multiple filings, an eligible person who is a peace officer, spouse of a peace officer, spouse or minor child of a deceased peace officer, prosecutor, code enforcement officer, corrections or detention officer, corrections support staff member or law enforcement support staff member shall deliver the affidavit to the peace officer's commanding officer, or to the head of the prosecuting, code enforcement, law enforcement, corrections or detention agency, as applicable, or that person's designee, who shall file the affidavits at one time. In the absence of an affidavit that contains a request for immediate action and that is supported by facts justifying an earlier presentation, the commanding officer, or the head of the prosecuting, code enforcement, law enforcement, corrections or detention agency, as applicable, or that person's designee, shall not file affidavits more often than quarterly.
D. On receipt of an affidavit or affidavits, the presiding judge of the superior court shall file with the clerk of the superior court a petition on behalf of all requesting affiants. Each affidavit presented shall be attached to the petition. In the absence of an affidavit that contains a request for immediate action and that is supported by facts justifying an earlier consideration, the presiding judge may accumulate affidavits and file a petition at the end of each quarter.
E. The presiding judge of the superior court shall review the petition and each attached affidavit to determine whether the action requested by each affiant should be granted. The presiding judge of the superior court shall order the redaction of the residence address and telephone number from the public records maintained by the department if the judge concludes that this action will reduce a danger to the life or safety of the affiant or another person.
F. On entry of the court order, the clerk of the superior court shall file the court order with the department. Not more than one hundred fifty days after the date the department receives the court order, the department shall redact the identifying information of the affiants listed in the court order from the public records of the department. The identifying information shall not be disclosed and is not part of a public record.
G. If the court denies an affiant's request pursuant to this section, the affiant may request a court hearing. The hearing shall be conducted by the court in the county where the petition was filed.
H. On motion to the court, if the presiding judge of the superior court concludes that identifying information has been sealed in error or that the cause for the original affidavit no longer exists, the presiding judge may vacate the court order prohibiting public access to the identifying information.
I. Notwithstanding sections 28-447 and 28-455, the department shall not release a photograph of a peace officer if the peace officer has made a request as prescribed in this section that persons be prohibited from accessing the peace officer's identifying information in any record maintained by the department.
J. This section does not prohibit the use of a peace officer's photograph that is either:
1. Used by a law enforcement agency to assist a person who has a complaint against an officer to identify the officer.
2. Obtained from a source other than the department.
K. For the purposes of this section:
1. "Code enforcement officer" means a person who is employed by a state or local government and whose duties include performing field inspections of buildings, structures or property to ensure compliance with and enforce national, state and local laws, ordinances and codes.
2. "Commissioner" means a commissioner of the superior court or municipal court.
3. "Corrections support staff member" means an adult or juvenile corrections employee who has direct contact with inmates.
4. "Eligible person" means a public official, former public official, peace officer, spouse of a peace officer, spouse or minor child of a deceased public officer, justice, judge or former judge, commissioner, hearing officer, public defender, prosecutor, code enforcement officer, adult or juvenile corrections officer, corrections support staff member, probation officer, member of the commission on appellate court appointments, member of the board of executive clemency, law enforcement support staff member, employee of the department of child safety or employee of adult protective services who has direct contact with families in the course of employment, national guard member who is acting in support of a law enforcement agency, person who is protected under an order of protection or injunction against harassment or firefighter who is assigned to the Arizona counter terrorism information center in the department of public safety.
5. "Former public official" means a person who was duly elected or appointed to Congress, the legislature or a statewide office, who ceased serving in that capacity and who was the victim of a dangerous offense as defined in section 13-105 while in office.
6. "Hearing officer" means a hearing officer who is appointed pursuant to section 28-1553.
7. "Judge" means a judge or former judge of the United States district court, the United States court of appeals, the United States magistrate court, the United States bankruptcy court, the United States immigration court, the Arizona court of appeals, the superior court or a municipal court.
8. "Justice" means a justice of the United States supreme court or the Arizona supreme court or a justice of the peace.
9. "Law enforcement support staff member" means a person who serves in the role of an investigator or prosecutorial assistant in an agency that investigates or prosecutes crimes, who is integral to the investigation or prosecution of crimes and whose name or identity will be revealed in the course of public proceedings.
10. "Peace officer":
(a) Has the same meaning prescribed in section 1-215.
(b) Includes a federal law enforcement officer or agent who resides in this state and who has the power to make arrests pursuant to federal law.
11. "Prosecutor" means a current or former United States attorney, county attorney, municipal prosecutor or attorney general and includes a current or former assistant or deputy United States attorney, county attorney, municipal prosecutor or attorney general.
12. "public official" means a person who is duly elected or appointed to congress, the legislature, a statewide office or a county, city, town or political subdivision office.
Sec. 10. Section 39-123, Arizona Revised Statutes, is amended to read:
39-123. Information identifying eligible persons; confidentiality; definitions
A. Nothing in this chapter requires disclosure from a personnel file by a law enforcement agency or employing state or local governmental entity of the home address or home telephone number of eligible persons.
B. The agency or governmental entity may release the information in subsection A of this section only if either:
1. The person consents in writing to the release.
2. The custodian of records of the agency or governmental entity determines that release of the information does not create a reasonable risk of physical injury to the person or the person's immediate family or damage to the property of the person or the person's immediate family.
C. A law enforcement agency may release a photograph of a peace officer if either:
1. The peace officer has been arrested or has been formally charged by complaint, information or indictment for a misdemeanor or a felony offense.
2. The photograph is requested by a representative of a newspaper for a specific newsworthy event unless:
(a) The peace officer is serving in an undercover capacity or is scheduled to be serving in an undercover capacity within sixty days.
(b) The release of the photograph is not in the best interest of this state after taking into consideration the privacy, confidentiality and safety of the peace officer.
(c) An order pursuant to section 28-454 is in effect.
D. This section does not prohibit the use of a peace officer's photograph that is either:
1. Used by a law enforcement agency to assist a person who has a complaint against an officer to identify the officer.
2. Obtained from a source other than the law enforcement agency.
E. This section does not apply to a certified peace officer or code enforcement officer who is no longer employed as a peace officer or code enforcement officer by a state or local government entity.
F. For the purposes of this section:
1. "Code enforcement officer" means a person who is employed by a state or local government and whose duties include performing field inspections of buildings, structures or property to ensure compliance with and enforce national, state and local laws, ordinances and codes.
2. "Commissioner" means a commissioner of the superior court or municipal court.
3. "Corrections support staff member" means an adult or juvenile corrections employee who has direct contact with inmates.
4. "Eligible person" means a public official, former public official, peace officer, spouse of a peace officer, spouse or minor child of a deceased peace officer, border patrol agent, justice, judge, commissioner, hearing officer, public defender, prosecutor, code enforcement officer, adult or juvenile corrections officer, corrections support staff member, probation officer, member of the commission on appellate court appointments, member of the board of executive clemency, law enforcement support staff member, employee of the department of child safety or employee of adult protective services who has direct contact with families in the course of employment, national guard member who is acting in support of a law enforcement agency, person who is protected under an order of protection or injunction against harassment, firefighter who is assigned to the Arizona counter terrorism information center in the department of public safety or victim of domestic violence or stalking who is protected under an order of protection or injunction against harassment.
5. "Former public official" means a person who was duly elected or appointed to Congress, the legislature or a statewide office, who ceased serving in that capacity and who was the victim of a dangerous offense as defined in section 13-105 while in office.
6. "Hearing officer" means a hearing officer who is appointed pursuant to section 28-1553.
7. "Judge" means a judge or former judge of the United States district court, the United States court of appeals, the United States magistrate court, the United States bankruptcy court, the United States immigration court, the Arizona court of appeals, the superior court or a municipal court.
8. "Justice" means a justice of the United States or Arizona supreme court or a justice of the peace.
9. "Law enforcement support staff member" means a person who serves in the role of an investigator or prosecutorial assistant in an agency that investigates or prosecutes crimes, who is integral to the investigation or prosecution of crimes and whose name or identity will be revealed in the course of public proceedings.
10. "Peace officer" has the same meaning prescribed in section 13-105.
11. "Prosecutor" means a current or former county attorney, municipal prosecutor, attorney general or United States attorney and includes a current or former assistant or deputy United States attorney, county attorney, municipal prosecutor or attorney general.
12. "Public defender" means a federal public defender, county public defender, county legal defender or county contract indigent defense counsel and includes an assistant or deputy federal public defender, county public defender or county legal defender.
13. "public official" means a person who is duly elected or appointed to congress, the legislature, a statewide office or a county, city, town or political subdivision office.
Sec. 11. Section 39-124, Arizona Revised Statutes, is amended to read:
39-124. Releasing information identifying an eligible person; violations; classification; definitions
A. Any person who is employed by a state or local government entity and who, in violation of section 39-123, knowingly releases the home address or home telephone number of an eligible person with the intent to hinder an investigation, cause physical injury to an eligible person or the eligible person's immediate family or cause damage to the property of an eligible person or the eligible person's immediate family is guilty of a class 6 felony.
B. Any person who is employed by a state or local government entity and who, in violation of section 39-123, knowingly releases a photograph of a peace officer with the intent to hinder an investigation, cause physical injury to a peace officer or the peace officer's immediate family or cause damage to the property of a peace officer or the peace officer's immediate family is guilty of a class 6 felony.
C. For the purposes of this section:
1. "Code enforcement officer" means a person who is employed by a state or local government and whose duties include performing field inspections of buildings, structures or property to ensure compliance with and enforce national, state and local laws, ordinances and codes.
2. "Commissioner" means a commissioner of the superior court or municipal court.
3. "Corrections support staff member" means an adult or juvenile corrections employee who has direct contact with inmates.
4. "Eligible person" means a public official, former public official, peace officer, spouse of a peace officer, spouse or minor child of a deceased peace officer, border patrol agent, justice, judge, commissioner, hearing officer, public defender, prosecutor, code enforcement officer, adult or juvenile corrections officer, corrections support staff member, probation officer, member of the board of executive clemency, law enforcement support staff member, employee of the department of child safety or employee of adult protective services who has direct contact with families in the course of employment, national guard member who is acting in support of a law enforcement agency, person who is protected under an order of protection or injunction against harassment, firefighter who is assigned to the Arizona counter terrorism information center in the department of public safety or victim of domestic violence or stalking who is protected under an order of protection or injunction against harassment.
5. "Former public official" means a person who was duly elected or appointed to Congress, the legislature or a statewide office, who ceased serving in that capacity and who was the victim of a dangerous offense as defined in section 13-105 while in office.
6. "Hearing officer" means a hearing officer who is appointed pursuant to section 28-1553.
7. "Judge" means a judge or former judge of the United States district court, the United States court of appeals, the United States magistrate court, the United States bankruptcy court, the United States immigration court, the Arizona court of appeals, the superior court or a municipal court.
8. "Justice" means a justice of the United States or Arizona supreme court or a justice of the peace.
9. "Law enforcement support staff member" means a person who serves in the role of an investigator or prosecutorial assistant in an agency that investigates or prosecutes crimes, who is integral to the investigation or prosecution of crimes and whose name or identity will be revealed in the course of public proceedings.
10. "Peace officer" has the same meaning prescribed in section 13-105.
11. "Prosecutor" means a current or former county attorney, municipal prosecutor, attorney general or United States attorney and includes a current or former assistant or deputy United States attorney, county attorney, municipal prosecutor or attorney general.
12. "Public defender" means a federal public defender, county public defender, county legal defender or county contract indigent defense counsel and includes an assistant or deputy federal public defender, county public defender or county legal defender.
13. "public official" means a person who is duly elected or appointed to congress, the legislature, a statewide office or a county, city, town or political subdivision office.
