Bill Text: AZ SB1164 | 2020 | Fifty-fourth Legislature 2nd Regular | Introduced
Bill Title: Severe threat order of protection
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2020-01-22 - Senate read second time [SB1164 Detail]
Download: Arizona-2020-SB1164-Introduced.html
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REFERENCE TITLE: severe threat order
of protection |
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State of
Arizona Senate Fifty-fourth
Legislature Second Regular
Session 2020 |
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SB 1164 |
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Introduced by Senators Brophy McGee: Bowie, Carter |
AN ACT
amending title
12, chapter 10, article 1, Arizona Revised Statutes, by adding section 12‑1811;
relating to injunctions.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 12, chapter 10, article 1, Arizona Revised Statutes, is amended by adding section 12-1811, to read:
12-1811. Severe threat order
of protection; procedures; hearing; civil liability
A. In counties with a population of
one hundred fifty thousand persons or more, the presiding judge of the superior
court, during the hours that the courts are closed, shall make available on a
rotating basis a judge or commissioner who may issue a severe threat order of
protection by telephone.
B. In counties with a population of
less than one hundred fifty thousand persons, a superior court judge or
commissioner may issue a severe threat order of protection by telephone.
C. If a
severe threat order of protection is requested for a person who is under twelve
years of age, the judge or commissioner shall transfer the request to a judge
or commissioner who is currently serving in the juvenile division of the
superior court.
D. The judge or commissioner who is
authorized to issue a severe threat order of protection may issue a written or
oral severe threat order of protection if a peace officer attests to having
probable cause to believe that a person poses a threat of death or serious
physical injury to self or others or has committed an act or attempted act of
violence that resulted in or is intended to result in death or serious physical
injury to self or others within the preceding fourteen days.
E. A severe threat order of
protection includes all of the following:
1. An order enjoining the respondent
from contacting any person or entering any premises that is the subject of a
threat and that justified the order.
2. An order requiring the respondent
to be evaluated by a behavioral health professional to determine if the
respondent is a danger to self or others and whether the respondent should be
referred for treatment pursuant to title 36, chapter 5, article 4, treatment
for substance abuse or other behavioral health treatment.
3. An order prohibiting the
respondent from possessing or purchasing a firearm for the duration of the
order and requiring the respondent to designate a responsible custodian to take
possession of any firearms in the respondent's possession for the duration of
the order.
4. Any other relief that is necessary
to protect the respondent or any other person who is the subject of a threat,
act or attempted act that resulted in the order.
F. A severe threat order of
protection expires in fourteen days or after the respondent provides the court
with a notice of completion of an evaluation by a behavioral health
professional, whichever is later, unless otherwise continued by the
court.
G. The judge or commissioner who
issues an oral severe threat order of protection shall document the issuance of
the order as soon as practicable. A
peace officer who receives the verbal order shall write and sign the
order. The order shall be served on the respondent. The order shall
be filed as soon as practicable after its issuance. The law enforcement agency
shall file a certificate of service with the court and shall register the order
with the national crime information center as soon as
practicable. If a person who is named in the order and who has not received
personal service of the order but has received actual notice of the existence
and substance of the order commits an act that violates the order, the person
is subject to any penalty for the violation.
H. The severe threat order of
protection must state on the order that the respondent is entitled to a hearing
on written request and shall include the name and address of the judicial
office in which the request may be filed.
At any time during the period that the order is in effect, the
respondent may request a hearing. The
court shall hold the hearing within one day, not including weekends, after the
date of the written request unless the court finds compelling reasons to
continue the hearing. The hearing shall
be held at the earliest possible time.
After the hearing, the court may modify, quash or continue the severe
threat order of protection.
I. The availability of a severe
threat order of protection is not affected by any other legal proceeding,
including proceedings under title 13 or 36.
The proceedings for a severe threat order of protection do not have a
preclusive effect on any other legal action that is taken on behalf of this
state.
J. A law enforcement agency that has
jurisdiction to enforce severe threat orders of protection shall enforce a
severe threat order of protection when it has reasonable cause to believe that
the order has been violated.
K. Failure of a law enforcement
agency to enforce a severe threat order of protection pursuant to this section
does not give rise to civil liability except pursuant to section 12‑820.02.
