AMENDED
ARIZONA
STATE SENATE
RESEARCH STAFF
|
JAKE AGRON |
|
LEGISLATIVE RESEARCH ANALYST JUDICIARY COMMITTEE Telephone: (602) 926 -3171 |
DATE: April 23, 2018
SUBJECT: Strike everything amendment to S.B. 1519, relating to school safety; protective orders; appropriations
______________________________________________________________________________
Purpose
An emergency measure that allows a superior court to issue a severe threat order of protection (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 $15,564,800 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
Petition for Severe Threat Order of Protection
1. Allows a petitioner to file a verified petition in superior court (court) requesting the court to issue an ex parte severe threat pickup order (pickup order) and a STOP order.
2. Stipulates that a pickup order requires the respondent to submit to an evaluation for behavioral health issues based on the respondent's doing any of the following:
a) making a credible threat of death or serious physical injury; or
b) committing or attempting to commit an act of violence that resulted in or was intended to result in death or serious physical injury to self or others.
3. Prohibits the clerk of the court from charging a fee for filing a petition.
4. Provides that the following persons may be a petitioner of a STOP order if the person is at least 18 years old:
a) a family member;
b) a legal guardian;
c) a current household member;
d) a significant other;
e) a school administrator;
f) a probation officer; or
g) a behavioral health professional.
5. Defines family member as any of the following with respect to the individual:
a) a spouse;
b) a child;
c) a stepchild;
d) a parent;
e) a stepparent;
f) a sibling;
g) a grandchild;
h) a grandparent;
i) a person who shares a child;
j) a legal guardian; or
k) a cohabitant or a person who has cohabitated with the individual within the previous year.
6. Requires a STOP order petition to include the following:
a) the petitioner's name;
b) the petitioner's address, which shall be disclosed to the court for purposes of service, with exceptions;
c) the respondent's name and address, if known;
d) a specific statement, including dates, locations and approximate times, of any of the following acts that occurred within the preceding six months:
i. a credible threat of death or serious physical injury; or
ii. an act of violence that resulted in death or serious physical injury or an attempted act of violence that was intended to cause death or serious physical injury against self or others.
e) the relationship between the parties and whether the respondent is or has been subject to a STOP order or an injunction against harassment;
f) the name of the court in which any previous or pending proceeding or order was sought or issued concerning the respondent of which the petitioner is aware; and
g) a statement that, based on the information required in the petition, the petitioner believes a STOP order is necessary because the respondent poses a significant danger of causing death or serious physical injury to self or others.
7. Requires the court to review the STOP order petition, any other pleadings on file and any evidence offered by the petitioner, 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 another person.
Ex Parte Severe Threat Pickup Order
8. Requires the court to issue a pickup order if it determines that, based on the outlined factors, clear and convincing evidence exists to believe that the respondent:
a) poses a significant danger of causing death or serious physical injury to self or others; and
b) should be evaluated by an evaluation agency for the safety of the respondent and others.
9. Provides the language that must be included in a statement on all pickup orders.
10. Requires the court to immediately transmit the petition and a pickup order to the county sheriff or local law enforcement agency for service.
11. Stipulates that the pickup order must require a peace officer to apprehend and transport the respondent to an evaluation agency as soon as is practicable.
12. Requires the respondent to be served with a copy of the petition, the pickup order and a notice that states the respondent will have an initial hearing within 24 hours of service to determine the validity of the allegations in the petition.
13. Provides the respondent with the opportunity to communicate with others after the person has been apprehended.
14. Requires the law enforcement agency to immediately notify the petitioner and the court that the respondent was apprehended and transported on the pickup order.
15. Requires return of service to be filed by the end of the next court day.
16. Requires an initial hearing to be held within 24 hours of the respondent being apprehended and served with the pickup order.
17. Provides that a respondent to a pickup order or a STOP order may consult an attorney before any hearing or an evaluation is conducted and have an attorney present at any hearing.
18. 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 person subject to the STOP order is a minor.
19. Requires, if the respondent is a minor, that a guardian ad litem be appointed for the pendency of the proceedings.
20. Requires the court to notify the petitioner of the date and time of the hearing.
21. Allows the respondent the opportunity to respond to the allegations in the petition at the hearing.
22. Requires the court to determine, at the hearing, whether clear and convincing evidence still exists that the respondent poses a significant danger of causing death or serious physical injury to self or others.
23. Requires the court to quash the pickup order and notify the sheriff or local law enforcement agency if it determines clear and convincing evidence does not exist.
24. Requires the court to notify the petitioner of its findings.
25. Requires, if the court determines that clear and convincing evidence does exist, that the court order the pickup order remain in place and that the sheriff immediately transport the respondent, along with a copy of the petition and any evidence that was presented to the court, to an evaluation agency.
Behavioral Health Evaluation
26. 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.
27. 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.
28. Requires the agency to transmit an evaluation report to the court within 24 hours after the evaluation is completed.
29. 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.
Hearing to Issue a STOP Order
30. Requires the petitioner to be immediately notified of the date and time of the hearing.
31. Provides, at the hearing, the respondent with the opportunity to respond to the petition and be represented by an attorney.
32. Requires the court to enter a STOP order that prohibits possession of a firearm for up to 21 days, if the court finds by clear and convincing evidence that the respondent poses a significant danger of causing death or serious physical injury to self or others.
33. Allows the court to order the person to undergo treatment.
34. Provides that a STOP order expires after 21 days unless quashed, renewed or extended by the court.
35. Entitles a person subject to a STOP order to one hearing on written request, during the period in which the order is in effect, to modify, extend or quash the order.
36. Prohibits a fee from being charged for requesting a hearing to modify, extend or quash the STOP order.
37. Requires such a hearing to be held at the earliest possible time, within 10 days of the request, unless the court finds good cause to continue the hearing.
38. Requires a STOP order that is issued by the court to state that the person subject to the order is entitled to a hearing on written request and that the person may consult and have an attorney present at such hearing.
39. Requires the STOP order to include the name and address of the clerk of the court where the request may be filed and the name of the judicial officer who issued the STOP order.
40. Requires a court, within 24 hours of issuing a 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.
41. Requires the sheriff to register the STOP order with the National Crime Information Center (NCIC) and to indicate on the file whether the person is subject to firearm restrictions.
42. Requires each county sheriff to maintain a central repository to verify the existence and validity of a STOP order.
43. Requires a court to send a written order that modifies, extends or quashes the STOP order to the county sheriff within 24 hours of the court taking such an action. The sheriff must ensure that the NCIC is immediately updated with this information.
Emergency Severe Threat Order of Protection
44. Allows a peace officer to seek an emergency STOP order from the superior court 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.
45. Requires an emergency STOP order to be issued using the same procedures for issuing an emergency domestic violence order of protection, except that the grounds for issuing the emergency STOP order 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.
46. Requires a peace officer who takes a person into custody pursuant to an emergency STOP order to transport the person named in the order to an evaluation agency and that an evaluation be conducted using the same process outlined for non-emergency orders.
47. Requires the court to enter an emergency STOP order for up to 14 days if it does find by clear and convincing evidence that the respondent poses a significant danger of imminently causing death or serious physical injury to self or others.
48. 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.
49. 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.
50. Provides that an emergency STOP order expires after 14 days unless quashed, renewed or extended by the court.
Extending a Severe Threat Order of Protection
51. Allows a petitioner to file a verified petition in superior court requesting a STOP order to be extended for up to 180 days, if clear and convincing evidence exists that the respondent continues to pose a significant danger of causing death or serious physical injury to self or others based on the outlined factors.
52. Requires the court to issue the STOP order extension for up to 180 days, if it determines that:
a) the person has failed to appear or respond to a petition to extend a STOP order after being personally served and given the opportunity for a hearing; and
b) clear and convincing evidence still exists that the person poses a significant danger of causing death or serious physical injury to self or others.
53. Requires the court to quash the STOP order if it determines the person does not pose a significant danger after reviewing any evaluation results and the factors specified to enter a STOP order.
Severe Threat Order of Protection Applicability to Minors
54. Requires a petition to be transferred to juvenile court if the respondent to a petition for a STOP order is a minor.
55. Provides that the juvenile court has exclusive original jurisdiction over all proceedings relating to a STOP order in which the respondent is under 18 years old.
56. Allows a petition and STOP order to be disclosed only if the court issues the STOP order.
57. Allows a petition and STOP 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
58. Prohibits a person subject to a 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.
59. Requires, if the subject of a 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 is secured and that the minor cannot access the firearm.
60. Allows a peace officer, when serving a STOP order or pickup 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.
61. Requires a person, subject to a STOP order that prohibits firearm possession, to turn over any firearms that are possessed by that person to law enforcement, a federally licensed firearms dealer or a responsible custodian within 24 hours of when the order is issued.
62. Requires the person to submit evidence to law enforcement within 24 hours of surrendering firearms.
63. Requires a person subject to a STOP order who does not own or possess a firearm to attest, under oath, that the person does not own or possess a firearm.
64. 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 a STOP order does not submit evidence of compliance within 24 hours.
65. Requires a peace officer who seizes a firearm to provide the owner or possessor of the firearm with a receipt for each seized firearm.
66. Requires the firearm receipt to include the identification or serial number or any other identifying characteristic of each seized firearm.
67. 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.
68. Requires a petitioner to be notified by law enforcement before the firearm is subsequently released.
69. Provides procedures for having firearms returned after a 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.
70. Includes, in the definition of prohibited possessor, a person who is subject to a valid STOP order, if the person was personally served with the order and provided an opportunity for a hearing.
71. Classifies, as a class 5 felony, intentionally or knowingly allowing a person who is subject to a 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
72. 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.
73. 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 a STOP order.
74. 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 a STOP order.
Supreme Court Reporting
75. 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 number of STOP order petitions filed;
b) the number of STOP order petitions granted, quashed and denied;
c) the number of STOP orders entered;
d) the number of emergency STOP orders requested and denied; and
e) the number of search warrants to seize a firearm issued for not complying with STOP order requirements as specified.
Suicide Prevention Training
76. 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 that may be used to fulfill the requirements of this section.
77. Requires AHCCCS to annually update the approved materials.
78. Allows AHCCCS to consult with other organizations that have expertise in suicide prevention.
79. Allows 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; and
c) training in appropriate intervention and referral techniques.
80. 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.
School Safety Emergency Response Plans
81. 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.
82. Requires, on request, a visitor to the campus of a local education agency to provide ID to any school employee.
83. 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.
84. 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.
85. Stipulates that a school's emergency response plan is critical infrastructure information and is not a public record.
86. 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.
87. 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.
88. Allows emergency response plans to include reserve peace officers.
89. 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.
90. 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.
91. 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.
92. Requires ADE to coordinate with DPS to administer the school safety program (SSP).
93. Exempts, from being a public record, any information concerning school safety needs or security measures required to be submitted for SSP proposals.
94. 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.
95. Requires an SSP proposal to specify how the school will use active or reserve peace officers.
96. 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
97. 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.
98. 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.
99. Subjects school personnel who fail to report conduct described in this section to disciplinary action.
100. 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
101. 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.
102. 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
103. Requires the Director of DPS to establish a Center for School Safety (Center) in ACTIC.
104. 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.
105. 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.
106. Stipulates that information reported to the hotline is confidential and does not constitute a public record.
107. 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.
108. 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.
109. 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.
110. 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
111. Allows sworn peace officers within the DPS reserve to be assigned to assist with the safety and security of school districts and charter schools.
112. Requires 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.
113. Requires AZPOST to prescribe training for all law enforcement officers and juvenile probation officers who participate in an SRO program.
114. Requires the SRO training to include information on school safety and emergency response plans, threat responses and school laws.
115. Requires the SRO training to include virtual or simulated active shooter training that is specific to school scenarios.
Appropriations
116. Appropriates $392,000, from the state GF in FY 2019, to DPS to purchase virtual training equipment to provide training to SROs.
117. Appropriates $11,000,000, from the state GF in FY 2019, to ADE to add additional SROs to the School Safety Program.
118. Appropriates $450,000, from the state GF in FY 2019, to AHCCCS for mental health first‑aid training in schools.
119. Appropriates $3,000,000, from the state GF in FY 2019, to AHCCCS for behavioral health services in schools.
120. 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.
121. Appropriates $597,800, from the state GF in FY 2019, to DPS to establish, staff and manage the Center for School Safety.
122. 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
123. Stipulates that a STOP order petition and any supporting documents filed with the court are not public records until a STOP order is issued by the court.
124. Classifies the act of false swearing as a class 5 felony, if the person makes the false sworn statement for the purpose of obtaining a STOP order.
125. Provides the court with access to information of a person who is subject to a STOP order to enforce or facilitate an order.
126. 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.
127. Defines key terms.
128. Makes technical and conforming changes.
129. Becomes effective on signature of the Governor, if the emergency clause is enacted.
Amendments Adopted in 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.
Senate Action
COMPS 4/19/18 DPA/SE 4-3-1