Bill Text: AZ SB1431 | 2023 | Fifty-sixth Legislature 1st Regular | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Right to jury; parent-child relationship

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2023-06-12 - Assigned to House RULES Committee [SB1431 Detail]

Download: Arizona-2023-SB1431-Introduced.html

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REFERENCE TITLE: right to jury; parent-child relationship

 

 

 

 

State of Arizona

Senate

Fifty-sixth Legislature

First Regular Session

2023

 

 

 

SB 1431

 

Introduced by

Senator Wadsack: Representative Jones

 

 

 

 

 

 

 

An Act

 

amending title 8, chapter 4, article 1, Arizona revised statues, by adding section 8-468; relating to the right to a jury.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

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

Section 1. Title 8, chapter 4, article 1, Arizona Revised Statutes, is amended by adding section 8-468, to read:

START_STATUTE8-468. Right to jury; jury demand and hearing; applicability

A. A party has a right to a trial by jury and that right may not be arbitrarily denied.  The court shall provide written notice to all parties of the right to a trial by jury prescribed by this section.  If the court fails to provide this notice, any subsequent proceedings or rulings do not have the force of law.

B. If a party believes that the party's rights have been substantially violated by the orders of the court and files a jury demand with the court within twenty days after the court's orders were filed, the court shall set a new hearing before a jury within twenty days after the demand is filed.  A party may have the jury reexamine discrete portions of the court's orders without the entire case being relitigated or reexamined.

C. a jury trial set pursuant to this section shall commence within sixty days after the court has entered orders following a hearing for the TERMINATION of the parent-child relationship.

D. This section applies to matters before the court for a preliminary protective hearing pursuant to section 8-824 or any other hearing for the termination of the parent-child relationship.

E. The right to a jury trial pursuant to this section is available only to the people and not to any state agency or political subdivision of this state. END_STATUTE

Sec. 2. Effective date

Section 8-468, Arizona Revised Statutes, as added by this act, is effective from and after December 31, 2023.