Assigned to COMPS AS
PASSED BY COW
Assigned to COMPS AS
PASSED BY COW
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
AMENDED
protective orders; schools; appropriations
(NOW: school safety; protective orders; appropriations)
Purpose
Allows a superior court to issue an emergency severe threat order of protection (emergency STOP order) for persons found to pose a significant danger of causing death or serious physical injury to self or others and who meet additional criteria. Establishes the Center for School Safety. Contains appropriations in FY 2019 necessary to implement provisions of the bill.
Background
The School Safety Program was established in 1994 to: 1) place juvenile probation officers and school resource officers at school sites; 2) promote safe school environments through teaching and learning; 3) deter delinquent and violent behaviors; 4) serve as an available resource for the school and students; and 5) provide students and staff with law-related education instruction and training. The program is funded through legislative appropriations from the state General Fund (GF) and a set amount from Proposition 301. A school district or charter school may apply to participate in the program for up to three fiscal years by submitting program proposals to the Department of Education (ADE) (A.R.S. § 15-154).
According to the Department of Public Safety (DPS), the Arizona Counter Terrorism Information Center (ACTIC) is a joint effort between the DPS, the Arizona Department of Homeland Security, the Federal Bureau of Investigation and other participating agencies.
ACTIC became operational in October of 2004. ACTIC provides both intelligence and investigative and technical support to state, local, tribal and federal law enforcement agencies, as well as other agencies, as necessary for homeland security efforts.
There is a negative fiscal impact in FY 2019 to the state GF of $10,064,800 associated with this legislation. There is a negative fiscal impact of $600,000 to the Fingerprint Clearance Card Fund in each of FYs 2019 through 2021.
Provisions
Emergency Severe Threat Order of Protection
1. Allows a peace officer to seek an emergency STOP order from the superior court, beginning November 1, 2018, that allows the officer to take a person into custody, if the officer has probable cause to believe the person is:
a) a significant danger of imminently causing death or serious physical injury to self or others; and
b) likely to suffer death or serious physical injury or cause death or serious physical injury to another person, unless immediate action is taken.
2. Enables an emergency STOP order to be issued electronically or telephonically.
3. Allows an emergency STOP order to be issued during hours that the court is closed.
4. Requires the presiding judge of the court to make available a superior court judicial officer who may issue an emergency STOP.
5. Provides that the grounds for issuing an emergency STOP include either of the following:
a) making a credible threat of death or serious physical injury or committing an act or attempted act of violence that results in or is intended to result in death or serious physical injury to self or others within the preceding 14 days; or
b) a pattern of making credible threats of death or serious physical injury, committing acts or attempted acts of violence that result in death or serious physical injury to self or others within the preceding six months.
6. Requires a peace officer who takes a person into custody pursuant to an emergency STOP order to notify the respondent that a hearing will be held to determine if clear and convincing evidence exists that the respondent poses a significant danger of causing death or serious physical injury to self or others.
7. Requires, at an initial hearing, the respondent to have an opportunity to respond to any allegations made against the respondent.
8. Requires the peace officer to transport the respondent to an evaluation agency if the respondent declines to first have a hearing.
9. Allows the respondent an opportunity to make two phone calls after being apprehended.
10. Provides that a respondent may have an attorney present at any hearing.
11. Requires a parent or legal guardian to be notified of the location to which the person is being taken and of the right to consult an attorney, if the respondent is a minor.
12. Requires, if the respondent is a minor, that a guardian ad litem be appointed for the pendency of the proceedings.
13. Requires the evaluation agency to complete an evaluation of the respondent for behavioral health issues within 72 hours, not including weekends and holidays, after the respondent is brought to the evaluation agency.
14. Requires an evaluation agency to notify the court and the person's legal guardian, if applicable, if the person refuses to participate in the evaluation and requires the court to hold a hearing as outlined.
15. Requires the agency to transmit an evaluation report to the court within 24 hours after the evaluation is completed.
16. Requires the court to schedule a hearing as soon as is practicable, but not later than the next court day, after the court receives the evaluation results.
17. Requires the court to review the request for an emergency STOP order and any other pleadings on file and any evidence offered by the peace officer or another person, including any evidence of:
a) a recent credible threat to cause death or serious physical injury or an act or attempted act intended to cause death or serious physical injury by the respondent against self or others;
b) a pattern of threats to cause death or serious physical injury, or acts or attempted acts causing death or serious physical injury, by the respondent within the preceding six months;
c) known dangerous mental health issues of the respondent;
d) the respondent's having previously been subject to or currently being subject to a STOP order;
e) a conviction for a violent crime committed by the respondent;
f) a conviction for an offense involving the unlawful discharge, use or threatening exhibition of a deadly weapon or dangerous instrument, or the intentional or knowing infliction of serious physical injury on another person with a firearm by the respondent; and
g) the respondent's history of use, attempted use or threatened use of unlawful physical force against another person, or stalking of another person.
18. Requires the court to enter an emergency STOP order for up to 14 days if it finds by clear and convincing evidence that the respondent poses a significant danger of imminently causing death or serious physical injury to self or others.
19. Requires the court to notify the law enforcement agency that requested the emergency STOP order within 24 hours if it determines that the respondent does not pose a significant danger of imminently causing death or serious physical injury to self or others.
20. Allows the court to remand the respondent to the custody of a law enforcement agency to address any pending criminal charges, if it does not issue the emergency STOP order.
21. Provides that an emergency STOP order expires after 14 days.
22. Requires a court, within 24 hours of issuing an emergency STOP order, to forward a copy of the order and proof of service, if applicable, to the county sheriff's office for registration by the sheriff in a central repository.
23. Requires the sheriff to register the emergency STOP order with the National Crime Information Center and to indicate on the file whether the person is subject to firearm restrictions.
24. Requires each county sheriff to maintain a central repository to verify the existence and validity of an emergency STOP order.
Emergency STOP Order Applicability to Minors
25. Requires a request for an emergency STOP order to be transferred to juvenile court if the respondent is a minor.
26. Provides that the juvenile court has exclusive original jurisdiction over all proceedings relating to emergency STOP orders in which the respondent is under 18 years old.
27. Allows a petition and STOP order to be disclosed only if the court issues the STOP order.
28. Allows a request for an emergency STOP order and the order, if there is a showing of need for the information and assurance that disclosure will be limited, to be provided to:
a) the parent or legal guardian of the minor respondent;
b) law enforcement;
c) a juvenile probation officer;
d) a behavioral health professional;
e) a school or district the minor respondent is attending or has attended in the preceding year; or
f) a person who has been the named target of threats or acts committed by the minor respondent.
Firearm Restrictions
29. Prohibits a person subject to an emergency STOP order from possessing or purchasing a firearm after the order has been served and an opportunity for a hearing was provided. Makes a violation a class 4 felony.
30. Requires, if the subject of an emergency STOP order is a minor, the parent or legal guardian to attest to the court under oath that any firearm owned by a parent, legal guardian or household member cannot be accessed by the minor.
31. Allows a peace officer, who is taking a person into custody for an emergency STOP order, to temporarily take custody of any firearm if:
a) the firearm is in plain sight or was found pursuant to a consensual or otherwise lawful search;
b) it is necessary for the protection of the law enforcement officer or other persons present; and
c) the firearm is returned at the end of the contact.
32. Requires a person subject to an emergency STOP order who possesses any firearms to provide the court with the name of a responsible custodian when the order is issued.
33. Prohibits a respondent subject to an emergency STOP order to possess firearms after the order is issued.
34. Stipulates that if the person subject to the order does not identify a responsible custodian or submit evidence of compliance that the sheriff or a local law enforcement agency may request a search warrant for all firearms.
35. Requires a person subject to an emergency STOP order who does not own or possess a firearm to attest, under oath, that the person does not own or possess a firearm.
36. Requires the sheriff to request a search warrant to allow a peace officer to search for and seize any firearm that is in the person's possession, if a person subject to the order does not submit evidence of compliance within 24 hours.
37. Requires a peace officer who seizes a firearm to provide the owner or possessor of the firearm with a receipt for each seized firearm.
38. Requires the firearm receipt to include the identification or serial number or any other identifying characteristic of each seized firearm.
39. Requires each seized firearm to be held safely and without being damaged for the duration of the STOP order or until the owner provides for other means of storage by a person who may lawfully possess the firearm.
40. Provides procedures for having firearms returned after an emergency STOP order expires or is quashed, including that a firearm must be returned by law enforcement within 24 hours, excluding weekends and holidays, if a law enforcement agency had custody of the firearm.
41. Includes, in the definition of prohibited possessor, a person who is subject to a valid emergency STOP order, if the person was personally served with the order and provided an opportunity for a hearing.
42. Classifies, as a class 5 felony, intentionally or knowingly allowing a person who is subject to an emergency STOP order to access a firearm, if that person knows the person subject to the order is prohibited from possessing a firearm.
Mental Health Evaluations
43. Requires the medical director of an evaluation agency, before discharging a patient voluntarily admitted for mental health services, to determine if the patient poses a significant danger of causing death or serious physical injury to self or others.
44. Stipulates that if the patient poses a significant danger of causing death or serious physical injury to self or others, for reasons other than mental illness, the medical director must petition the court for an emergency STOP order.
45. Allows information regarding the diagnosis, the treatment and any actions observed during treatment to be substituted for an evaluation that would otherwise be required for an emergency STOP order.
Supreme Court Reporting
46. Requires the Arizona Supreme Court to submit an annual report to the President of the Senate, the Speaker of the House of Representatives and the Governor with the following information:
a) the average length of time that it takes for the court to receive an evaluation report after the respondent arrives at an evaluation agency;
b) the number of times in which the court ordered an evaluation and an evaluation report was not issued;
c) the number of emergency STOP orders requested and denied; and
d) the number of search warrants to seize a firearm issued for not complying with STOP order requirements as specified.
Suicide Prevention Training
47. Requires the Arizona Health Care Cost Containment System (AHCCCS), before July 1, 2019, to annually identify or develop and post on its website web-based training on the topic of suicide prevention and mental health first aid that may be used to fulfill the requirements of this section.
48. Requires AHCCCS to annually update the approved materials.
49. Requires AHCCCS to consult with other organizations that have expertise in suicide prevention.
50. Requires school districts and charter schools, beginning in the 2019-2020 school year, to provide the following to teachers, principals and other school personnel who work with pupils in grades 6-12:
a) training in suicide prevention;
b) training to identify the warning signs of suicidal behavior in adolescents and teens;
c) training in appropriate intervention and referral techniques; and
d) mental health first aid training
51. Stipulates that the training:
a) must use evidence-based materials; and
b) may be provided within the framework of existing in-service training programs offered by the school district or charter school or as part of professional development activities.
52. Requires a document to be given out that confirms the required training has been completed.
School Safety Emergency Response Plans
53. Requires, beginning in the 2018-2019 school year, each school district, charter school and Arizona State Schools for the Deaf and the Blind (ASDB) that issues student identification (ID) cards to include on the ID cards the telephone number of the safe schools hotline operated by the Center for School Safety.
54. Requires, on request, a visitor to the campus of a local education agency to provide ID to any school employee.
55. Allows a school employee to inform a visitor who fails to provide ID that the visitor must leave the campus or be subject to a trespass violation.
56. Requires school districts, charter schools and ASDB, in conjunction with local law enforcement agencies and emergency response agencies, to:
a) provide age-appropriate school safety training for students;
b) provide professional development for teachers and staff on the policies and procedures of the school district or school related to school safety; and
c) develop and continuously maintain an emergency response plan for each school in accordance with the minimum standards that are jointly developed by:
i. ADE;
ii. DPS; and
iii. the Division of Emergency Management in the Department of Emergency and Military Affairs.
57. Stipulates that a school's emergency response plan is critical infrastructure information and is not a public record.
58. Requires the emergency response plan to contain the contact information for all local law enforcement agencies and, if available, the contact information for the school resource officer (SRO) assigned to the school and the law enforcement agency affiliated with that SRO.
59. Allows, as part of an emergency response plan, the administrator of a school district, a charter school or ASDB, to develop and continuously maintain an active shooter training program.
60. Allows emergency response plans to include reserve peace officers.
61. Allows school districts, charter schools and ASDB to enter into agreements with DPS, county sheriffs or local law enforcement agencies to allow active or reserve law enforcement officers to provide security on school grounds if the officer is:
a) certified by the Arizona Peace Officer Standards and Training (AZPOST) Board; or
b) a qualified retired law enforcement officer pursuant to federal law.
62. Stipulates that a person who is employed by a school, who is AZPOST certified and who becomes a reserve peace officer has no additional reserve duties, commitments or obligations when the person is not on school property, except the training required to maintain the person's peace officer certification.
63. Stipulates that an agreement between a school and specified law enforcement officers does not prohibit an authorized person from carrying or possessing a weapon on school grounds pursuant to existing law.
64. Allows school districts, charter schools or ASDB to enter into agreements with DPS, county sheriffs or local law enforcement agencies to allow peace officers whose jurisdiction includes a school to use the school's facilities and property during the hours that the school is open to complete administrative tasks while on duty.
65. Requires ADE to coordinate with DPS to administer the school safety program (SSP).
66. Exempts, from being a public record, any information concerning school safety needs or security measures required to be submitted for SSP proposals.
67. Adds the following items to the list of what must be included in an SSP proposal:
a) information on security measures currently in place at each school;
b) an emergency response plan that is developed by the school district or charter school; and
c) an annual update to school employees about reserve peace officer training.
68. Requires an SSP proposal to specify how the school will use active or reserve peace officers.
69. Requires ADE to meet with school district and charter school representatives, DPS, and local law enforcement agencies on a quarterly basis to discuss school safety.
School Crime Reporting
70. Requires school district governing boards and charter school governing bodies to prescribe and enforce policies and procedures for school personnel to report to local law enforcement agencies any suspected crime against a person or property that is:
a) a serious offense or that involves a deadly weapon, dangerous instrument or serious physical injury; and
b) any conduct that poses a threat of death or serious physical injury to employees, students or other persons on the school property.
71. Requires school district governing boards and charter school governing bodies to prescribe and enforce policies and procedures requiring notification to be made to the parent or guardian of each student who is involved in a suspected crime or any conduct that is to be reported under this section.
72. Subjects school personnel who fail to report conduct described in this section to disciplinary action or dismissal.
73. Requires school district governing boards and charter school governing bodies to prescribe and enforce policies and procedures that require a record to be maintained for any person who is disciplined pursuant to this section and, on request, to make any such record available to a school that intends to hire that person.
Mental and Behavioral Health Services for Schools
74. Allows AHCCCS, subject to appropriation, to make payments directly to schools or to require a contractor in each geographic service area to provide the following:
a) evidence-based mental health first-aid training for teachers and administrators in public schools that provide instruction in any combination of grades K-12; and
b) behavioral health services to individual, eligible students in public schools that provide K-12 instruction.
75. Requires behavioral health services offered in this section to only be provided after receiving consent from a parent or legal guardian of the student.
Center for School Safety and School Safety Hotline
76. Requires the Director of DPS to establish a Center for School Safety (Center) in ACTIC.
77. Requires the Center to establish a safe schools hotline program that allows any person to anonymously report any dangerous, violent or unlawful activity that is being conducted or is threatened to be conducted on a school campus, on school transportation or at a school‑sponsored event or activity.
78. Requires the Director of DPS to establish policies and procedures to protect the identity of any person:
a) submitting information or a report to the hotline that is based on a good faith belief that the information is true; and
b) disseminating the information to school districts, schools and law enforcement agencies.
79. Stipulates that information reported to the hotline is confidential and does not constitute a public record.
80. Enables the hotline program and the persons implementing or operating the program to be compelled to disclose information reported to the hotline or produce related materials only before a court and pursuant to a court order.
81. Limits court review of information reported to the hotline to an inspection of materials that are material to the specific case pending before the court.
82. Grants the Attorney General standing on behalf of DPS in any action to oppose the disclosure of information or materials that are in the custody of the Center and that are confidential.
83. Requires the Center to coordinate with ADE, school districts, charter schools and local law enforcement agencies to ensure the safety of schools in Arizona and develop and provide information to school districts and charter schools on best practices for school security and training on school safety.
Public Safety Training and Reporting
84. Allows sworn peace officers within the DPS reserve to be assigned to assist with the safety and security of school districts and charter schools.
85. Requires, beginning November 1, 2018, law enforcement agencies and prosecutors to electronically submit disposition information to the Arizona Computerized Criminal History Repository within 24 hours of verifying the accuracy of the information, if it has a data exchange system that allows for the electronic transfer and submission of criminal history record information.
86. Requires AZPOST to prescribe training for all law enforcement officers and juvenile probation officers who participate in an SRO program.
87. Requires the SRO training to include information on school safety and emergency response plans, threat responses and school laws.
88. Requires the SRO training to include:
a) virtual or simulated active shooter training that is specific to school scenarios: and
b) fair and impartial police training.
Appropriations
89. Appropriates $392,000, from the state GF in FY 2019, to DPS to purchase virtual training equipment to provide training to SROs.
90. Appropriates $5,500,000, from the state GF in FY 2019, to ADE to add additional SROs to the School Safety Program and requires preference to be given to schools that have agreements to share the cost of the SROs.
91. Appropriates $450,000, from the state GF in FY 2019, to AHCCCS for mental health first‑aid training in schools.
92. Appropriates $3,000,000, from the state GF in FY 2019, to AHCCCS for behavioral health services in schools.
93. Appropriates $125,000, from the state GF in FY 2019, to DPS to expand the current tips and leads portal to include a campus-specific portal for schools that will allow for secure and anonymous reporting of information to school administrators, law enforcement agencies and behavioral health professionals.
94. Appropriates $597,800, from the state GF in FY 2019, to DPS to establish, staff and manage the Center for School Safety.
95. Appropriates $600,000, from the Fingerprint Clearance Card Fund in each of FYs 2019 through 2021, to the Arizona Criminal Justice Commission to develop and implement a data exchange system to allow the electronic transfer and submission of criminal history record information to the Arizona Computerized Criminal History repository.
Miscellaneous
96. Stipulates that an emergency STOP order and any supporting documents filed with the court are not public records until a STOP order is issued by the court.
97. Classifies the act of false swearing as a class 5 felony, if the person makes the false sworn statement for the purpose of obtaining an emergency STOP order.
98. Provides the court with access to information of a person who is subject to a STOP order to enforce or facilitate an order.
99. Requires the clerk of the court, on request, to provide certified copies of a STOP order to a law enforcement or prosecuting agency that is investigating or prosecuting a prohibited possessor.
100. Specifies that counties provide evaluation agency services either directly or by contract.
101. Defines key terms.
102. Makes technical and conforming changes.
103. Becomes effective on the general effective date, retroactive to July 1, 2018.
Amendments Adopted by Committee
1. Adopted the strike-everything amendment.
2. Decreases, from a class 4 felony to a class 5 felony, the penalty for intentionally or knowingly allowing a person subject to a STOP order to access a firearm.
3. Makes the first hearing after a respondent has been apprehended mandatory rather than optional.
4. Modifies the definitions of violent crime and act of violence.
5. Allows the respondent with an opportunity to contact others after the respondent has been apprehended by law enforcement on a pickup order.
6. Allows, rather than requires, suicide prevention training to be offered in schools.
7. Places the decision to offer active shooter training programs with school administrators rather than school governing boards.
Amendments Adopted by Committee of the Whole
1. Removes the ability for a petitioner to petition the court for an ex parte severe threat order of protection (STOP order), so that the only way to seek an order from the court for an evaluation is through the emergency STOP order process. Removes the ability of a petitioner to file a petition to extend the order.
2. Clarifies that an emergency STOP order may be requested electronically or telephonically by a peace officer and that an emergency STOP order may be issued during the hours that a court is closed.
3. Requires a peace officer to transport the respondent to the hearing after an evaluation is conducted.
4. Instructs a court, when deciding whether to issue an emergency STOP order, to consider any evidence offered by the peace officer.
5. Requires a person, subject to an emergency STOP order, to immediately appoint a responsible custodian to take possession of all firearms that are possessed by the person who is subject to the order within 24 hours after the court has issued the order. The responsible custodian may either retain possession of the firearms, or transfer the firearms to the sheriff, a local law enforcement agency or a federally licensed firearms dealer for the duration of the emergency STOP order.
6. Specifies that if a firearm is seized it may be disposed of only if it is unable to be returned.
7. Stipulates that additions to statute that allow a school to contract with law enforcement to provide officers on school grounds do not prohibit an authorized person from possessing a weapon on school grounds under current law.
8. Removes the requirement for the Arizona Supreme Court to report on ex parte STOP orders and adds additional reporting requirements relating to the evaluation process.
9. Reinserts the requirement that schools require suicide prevention training to teachers, principals and other school personnel who work with pupils in grades 6-12.
10. Requires schools, after completion of suicide prevention training and mental health first aid training to provide teachers, principals and other school personnel with a document that confirms the required training has been completed.
11. Requires, rather than allows, AHCCCS to consult with other organizations that have expertise in suicide prevention and mental health first aid.
12. Specifies that counties provide the evaluations conducted for an emergency STOP order.
13. Requires AZPOST training for SROs to include fair and impartial police training.
14. Decreases the appropriation to the Arizona Department of Education for additional SROs, from $11,000,000 to $5,500,000, in FY 2019. Requires preference to be given to schools that have agreements to share the cost of the SROs.
15. Makes the bill retroactive to July 31, 2018, but specifies that provisions related to the emergency STOP process and the data exchange between law enforcement, prosecutors and courts begin on November 1, 2018.
Senate Action
COMPS 4/19/18 DPA/SE 4-3-1
3rd Read 5/1/18 17-13-0
Prepared by Senate Research
May 7, 2018
JA/lb