Second Regular Session S.B. 1519
COMMITTEE ON COMMERCE AND PUBLIC SAFETY
SENATE AMENDMENTS TO S.B. 1519
(Reference to printed bill)
Strike everything after the enacting clause and insert:
"Section 1. Section 8-202, Arizona Revised Statutes, is amended to read:
8-202. Jurisdiction of juvenile court
A. The juvenile court has original jurisdiction over all delinquency proceedings brought under the authority of this title.
B. The juvenile court has exclusive original jurisdiction over all proceedings:
1. Brought under the authority of this title except for delinquency proceedings.
2. In which the respondent to a petition for a severe threat order of protection is under eighteen years of age.
C. The juvenile court may consolidate any matter, except that the juvenile court shall not consolidate any of the following:
1. A criminal proceeding that is filed in another division of superior court and that involves a child who is subject to the jurisdiction of the juvenile court.
2. A delinquency proceeding with any other proceeding that does not involve delinquency, unless the juvenile delinquency adjudication proceeding is not heard at the same time or in the same hearing as a nondelinquency proceeding.
D. The juvenile court has jurisdiction of proceedings to:
1. Obtain judicial consent to the marriage, employment or enlistment in the armed services of a child, if consent is required by law.
2. In an action in which parental rights are terminated pursuant to chapter 4, article 5 or 11 of this title, change the name of a minor child who is the subject of the action. If the minor child who is the subject of the action is twelve years of age or older, the court shall consider the wishes of the child with respect to the name change.
E. The juvenile court has jurisdiction over both civil traffic violations and offenses listed in section 8‑323, subsection B that are committed within the county by persons who are under eighteen years of age unless the presiding judge of the county declines jurisdiction of these cases. The presiding judge of the county may decline jurisdiction of civil traffic violations committed within the county by juveniles if the presiding judge finds that the declination would promote the more efficient use of limited judicial and law enforcement resources located within the county. If the presiding judge declines jurisdiction, juvenile civil traffic violations shall be processed, heard and disposed of in the same manner and with the same penalties as adult civil traffic violations.
F. The orders of the juvenile court under the authority of this chapter or chapter 3 or 4 of this title take precedence over any order of any other court of this state except the court of appeals and the supreme court to the extent that they are inconsistent with orders of other courts.
G. Except as otherwise provided by law, jurisdiction of a child that is obtained by the juvenile court in a proceeding under this chapter or chapter 3 or 4 of this title shall be retained by it, for the purposes of implementing the orders made and filed in that proceeding, until the child becomes eighteen years of age, unless terminated by order of the court before the child's eighteenth birthday.
H. Persons who are under eighteen years of age shall be prosecuted in the same manner as adults if either:
1. The juvenile court transfers jurisdiction pursuant to section 8‑327.
2. The juvenile is charged as an adult with an offense listed in section 13‑501.
Sec. 2. Section 8-208, Arizona Revised Statutes, is amended to read:
8-208. Juvenile court records; public inspection; exceptions
A. The following records relating to a juvenile who is referred to juvenile court are open to public inspection:
1. Referrals involving delinquent acts, after the referrals have been made to the juvenile court or the county attorney has diverted the matter according to section 8‑321.
2. Arrest records, after the juvenile is an accused as defined by section 13‑501.
3. Delinquency hearings.
4. Disposition hearings.
5. A summary of delinquency, disposition and transfer hearings.
6. Revocation of probation hearings.
7. Appellate review.
8. Diversion proceedings involving delinquent acts.
B. On the request of an adult probation officer or state or local prosecutor, the juvenile court shall release to an adult probation department or prosecutor all information in its possession concerning a person who is charged with a criminal offense.
C. The juvenile court shall release all information in its possession concerning a person who is arrested for a criminal offense to superior court programs or departments, other court divisions or judges or as authorized by the superior court for the purpose of assisting in the determination of release from custody, bond and pretrial supervision.
D. On request by the appropriate jail authorities for the purpose of determining classification, treatment and security, the juvenile court shall release all information in its possession concerning persons who are under eighteen years of age, who have been transferred from juvenile court for criminal prosecution and who are being held in a county jail pending trial.
E. The court shall edit the records to protect the identity of the victim or the immediate family of the victim if the victim has died as a result of the alleged offense.
F. Except as otherwise provided by law, the records of an adoption, severance or dependency proceeding shall not be open to public inspection.
G. The court may order that the records be kept confidential and withheld from public inspection if the court determines that the subject matter of any record involves a clear public interest in confidentiality.
H. The disclosure of educational records received pursuant to section 15‑141 shall comply with the family educational rights and privacy rights act of 1974 (20 United States Code section 1232g).
I. A petition for a severe threat order of protection and the order issued may be disclosed only if the court issues the severe threat order of protection. After a showing of the need for the information and that appropriate measures will be taken to limit further disclosure of the information, the petition and the order may be provided only to the parent or legal guardian of the minor respondent, law enforcement, a juvenile probation officer, a behavioral health professional, a school or school district that the minor respondent is attending or has attended in the year preceding the date of the order and a person who has been the named target of threats or acts committed by the minor respondent.
Sec. 3. Title 12, chapter 10, Arizona Revised Statutes, is amended by adding article 5, to read:
ARTICLE 5. SEVERE THREAT ORDER OF PROTECTION
12-1881. Definitions
In this article, unless the context otherwise requires:
1. "Evaluation" means a professional multidisciplinary analysis of a person that includes firsthand observations or remote observations by interactive audiovisual media and that is based on data describing the person's identity, biography and medical, psychological and social conditions carried out by at least two individuals, one of whom is a physician who is licensed pursuant to title 32 and who is a qualified psychiatrist, if possible, or at least has experience in psychiatric matters or is a psychiatric nurse practitioner and one of whom is an individual who is licensed pursuant to title 32 as A psychologist, psychiatric and mental health nurse practitioner or behavioral health professional and who is familiar with mental health and human services that may provide placement alternatives appropriate for treatment.
2. "Evaluation agency" means a health care agency that is licensed by the department of health services and that has been approved pursuant to title 36 or an agency that provides psychiatric acute care services as defined in section 8‑271.
3. "Family member" means, with respect to a respondent, a spouse, child, stepchild, parent, stepparent, sibling, grandchild or grandparent of the respondent, a person with whom the respondent shares a child in common, the legal guardian of the respondent or a person who cohabitates or has cohabitated with the respondent within the previous year.
4. "Petitioner" means a person who is at least eighteen years of age and who is the respondent's family member, legal guardian, current household member, significant other, school administrator, probation officer or behavioral health professional.
5. "Respondent" means the subject of an ex parte severe threat pickup order or a severe threat order of protection.
6. "School administrator" means the principal or person having general daily control and supervision of a school or that person's designee.
7. "Serious physical injury" has the same meaning prescribed in section 13-105.
8. "Significant other" means, with respect to a respondent, a person with whom the respondent has been involved in a substantial and ongoing romantic relationship within the previous year.
9. "Violent crime" or "act of violence" means any criminal use of a deadly weapon or dangerous instrument that results in serious physical injury or death.
12-1882. Petition for severe threat order of protection and ex parte severe threat pickup order
A. A petitioner may file a verified petition in the superior court requesting the court to issue an ex parte severe threat pickup order and a severe threat order of protection. An ex parte severe threat pickup order shall require the respondent to submit to an evaluation for behavioral health issues based on the respondent's making a credible threat of death or serious physical injury or 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. The clerk of the court shall not charge a fee for filing a petition.
B. The petition for a severe threat order of protection shall include all of the following:
1. The petitioner's name and address. The petitioner's address shall be disclosed to the court for purposes of service. If the address of the petitioner is unknown to the respondent, the petitioner may request that the address be protected. On the petitioner's request, the address shall not be listed on the petition. Whether or not the court issues a severe threat order of protection, the protected address shall be maintained in a separate document or electronically and is not subject to release or disclosure by the court or to any form of public access except as ordered by the court.
2. The respondent's name and address, if known, or, if the respondent is believed to be homeless, the cross streets of the area where the respondent may be located.
3. A specific statement, including dates, locations and approximate times, of A credible threat of death or serious physical injury, 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 to self or others that was made or committed by the respondent and that occurred within the preceding six months.
4. The relationship between the parties and whether the respondent is or has been subject to a severe threat order of protection or an injunction against harassment.
5. 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.
6. A statement that, based on the information required in the petition, the petitioner reasonably believes a severe threat order of protection is necessary because the respondent poses a significant danger of causing death or serious physical injury to self or others.
C. The court shall review the petition, any other pleadings on file and any evidence offered by the petitioner, including any evidence of:
1. a recent credible threat to cause death or serious physical injury or an act or attempted act that is intended to cause death or serious physical injury to self or others by the respondent.
2. A pattern of threats to cause death or serious physical injury or acts or attempted acts that are intended to cause death or serious physical injury by the respondent within the preceding six months. Evidence that the respondent has violated an order of protection or an injunction against harassment through violent or threatening behavior may be used to demonstrate a pattern for the purposes of this paragraph.
3. Known dangerous mental health issues of the respondent.
4. The respondent's having previously been subject to or currently being subject to a severe threat order of protection.
5. A conviction for a violent crime committed by the respondent.
6. A conviction for an offense in this state or another jurisdiction 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.
7. The respondent's history of use, attempted use or threatened use of unlawful physical force against another person or stalking another person.
12-1883. Ex parte severe threat pickup orders; issuance; severe threat order of protection; request for hearing; notice; law enforcement notification
A. The court shall issue an ex parte severe threat pickup order if the court determines that, based on the factors enumerated in section 12‑1882 and this section, clear and convincing evidence exists to believe that the respondent poses a significant danger of causing death or serious physical injury to self or others and that, for the safety of the respondent and others, the respondent should be evaluated by an evaluation agency.
B. The following information and statement must be included on all ex parte severe threat pickup orders:
To the person named as the subject of this order: this is an official court order. This order is valid until it is quashed or modified by a judge. If you disobey this order, you may be arrested and prosecuted for the crime of interfering with judicial proceedings and any other crime you may have committed in disobeying this order. You will be provided an opportunity for a hearing with a judicial officer to determine if the order will stay in place or be quashed.
This order is in effect once served on you and requires you to submit to an evaluation by an evaluation agency. On your request, you are entitled to a hearing regarding the evaluation. You may seek the advice of an attorney as to any matter connected with the order and have an attorney present at any hearing regarding this matter. The attorney should be consulted promptly so that the attorney may assist you in any matter connected with the order.
C. The court shall immediately transmit the petition filed pursuant to section 12‑1882 and an ex parte severe threat pickup order issued pursuant to this section to the county sheriff or local law enforcement agency for the jurisdiction in which the respondent resides for service. The order shall require a peace officer to apprehend and transport the respondent to an evaluation agency as soon as practicable. the respondent shall have the opportunity upon arriving at the evaluation agency to communicate with others regarding their apprehension. The respondent shall be served with a copy of the petition, the ex parte severe threat pickup order and a notice that states that the respondent WILL HAVE an initial hearing within twenty-four hours after service to determine the validity of the allegations in the petition. The law enforcement agency shall immediately notify the petitioner and the court that the respondent was apprehended and transported on the ex parte severe threat pickup order. The return of service shall be filed not later than the next court day with the clerk of the issuing court.
D. an initial hearing shall be held within twenty‑four hours after the respondent is apprehended and served with the ex parte severe threat pickup order. The court shall notify the petitioner of the date and time of the hearing. At the hearing, the respondent shall have an opportunity to respond to the allegations in the petition. The court shall determine 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. If the court determines that clear and convincing evidence does not exist, the court shall quash the ex parte severe threat pickup order and notify the sheriff or local law enforcement agency that the order has been quashed. The petitioner shall be notified of the court's findings. If the court finds that clear and convincing evidence still exists that the respondent poses a significant danger of causing death or serious physical injury to self or others, the court shall order that the ex parte severe threat 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. The evaluation agency shall complete an evaluation of the respondent for behavioral health issues as prescribed in section 12-1884, subsections C, D, E and F within seventy‑two hours, not including weekends and holidays, after the respondent is brought to the evaluation agency. An evaluation report shall be transmitted to the court within twenty‑four hours after the evaluation is completed.
E. On receipt of the evaluation report, the court shall set a hearing not later than the next court day after the day on which the court receives the report. the petitioner shall be immediately notified of the date and time of the hearing. at the hearing, the respondent shall be provided with an opportunity to respond to the petition and be represented by an attorney. If the court finds that clear and convincing evidence exists that the respondent poses a significant danger of causing death or serious physical injury to self or others, the court shall enter a severe threat order of protection that prohibits the person from possessing a firearm for up to twenty-one days. The court may order the person to undergo treatment pursuant to section 36-540, subsections A, B and C.
F. The respondent to an ex parte severe threat pickup order or a severe threat order of protection may consult an attorney before a hearing or an evaluation is conducted pursuant to this section and may have an attorney present at any hearing held pursuant to this article. If the respondent is a minor, the parent or legal guardian of the minor shall be immediately notified of the location to which the minor is being taken and that the minor may consult and have an attorney present at any hearing that is held pursuant to this article. If the respondent is a minor, the minor shall be appointed a guardian ad litem for the pendency of the proceedings.
G. A severe threat order of protection expires after twenty‑one days unless quashed, renewed or extended by the court pursuant to section 12‑1885.
H. At any time during the period for which the severe threat order of protection is in effect, the respondent is entitled to one hearing on written request in order to modify or quash the order. A fee may not be charged for requesting a hearing. A hearing that is requested by the respondent shall be held at the earliest possible time but not later than ten days after the date of the request unless the court finds good cause to continue the hearing. An order that is issued pursuant to this section shall state that the respondent is entitled to a hearing on written request and that the respondent may consult and have an attorney present at the hearing. The order shall 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 order. At a hearing that is requested pursuant to this subsection, the court may modify, extend or quash the order.
I. Within twenty-four hours after a court issues a severe threat order of protection, the court shall forward a copy of the order and proof of service, if applicable, to the sheriff's office in the county in which the order was issued for registration by the sheriff in a central repository. The sheriff shall register the order with the national crime information center and shall indicate on the file whether the respondent is subject to firearm restrictions.
J. Each county sheriff shall maintain a central repository to verify the existence and validity of a severe threat order of protection.
K. Within twenty-four hours after a court modifies, extends or quashes a severe threat order of protection, the court shall send a written order that modifies, extends or quashes the severe threat order of protection to the sheriff in the county where the original order was registered. The sheriff shall immediately ensure that the national crime information center is updated with this information.
12-1884. Emergency severe threat order of protection; issuance; grounds; detention period
A. A peace officer may seek an emergency severe threat order of protection from the superior court that allows the peace officer to take a person into custody if the peace officer has probable cause to believe the person poses a significant danger of imminently causing death or serious physical injury to self or others and is likely to suffer death or serious physical injury or cause death or serious physical injury to another person unless immediate action is taken.
B. An emergency severe threat order of protection shall be issued using the same procedures for issuing an EMERGENCY order of protection pursuant to section 13‑3624, subsections A, B and C, except that the grounds for issuing an emergency severe threat order of protection include either of the following:
1. 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 fourteen days.
2. A pattern of making credible threats of death or serious physical injury or committing acts or attempted acts of violence that result in death or serious physical injury to self or others within the preceding six months.
C. A peace officer who takes a person into custody pursuant to an emergency severe threat order of protection shall transport the person named in the order to an evaluation agency. Within seventy‑two hours after the person is admitted, not including weekends and holidays, the evaluating agency must complete an evaluation of the person for behavioral health issues.
D. the respondent shall be informed that the respondent may refuse to participate in the evaluation and that a hearing shall be held. If the respondent refuses to participate in the evaluation, the evaluation agency shall notify the court and the respondent's legal guardian, if applicable, of the known facts and circumstances and request that the court hold a hearing and enter an order pursuant to section 36‑530, subsection D.
E. The evaluation agency shall provide the evaluation results to the court. The court shall schedule a hearing as soon as practicable but not later than the next court day after the court receives the evaluation results. If the court, based on the evaluation report and the factors included in section 12‑1882, subsection C, 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, the court shall issue a severe threat order of protection for up to fourteen days. The court may order the respondent to undergo treatment pursuant to section 36‑540, subsections A, b and C.
F. If the court does not find that the respondent poses a significant danger of imminently causing death or serious physical injury to self or others, the court shall order the respondent's release and notify the law enforcement agency that requested the emergency severe threat order of protection within twenty‑four hours after that determination is made. The court may remand the respondent to the custody of a law enforcement agency to address any pending criminal charges.
G. An emergency severe threat order of protection expires after fourteen days unless quashed, renewed or extended by the court pursuant to section 12‑1885.
12-1885. Severe threat order of protection extension
A. A petitioner may file a verified petition in the superior court requesting that a severe threat order of protection be extended for up to one hundred eighty 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 factors included in sections 12‑1882 and 12‑1883.
B. If the court determines that the respondent has failed to appear or respond to a petition to extend a severe threat order of protection after being personally served and given the opportunity for a hearing on the requested extension and if clear and convincing evidence still exists that the respondent continues to pose a significant danger of causing death or serious physical injury to self or others based on the factors included in sections 12‑1882 and 12‑1883, the court shall extend the severe threat order of protection for up to one hundred eighty days.
C. If the court determines that the respondent does not continue to pose a significant danger of causing death or serious physical injury to self or others after reviewing any evaluation results and the factors included in sections 12‑1882 and 12‑1883, the court shall quash the severe threat order of protection and follow the procedures included in section 12-1883, subsection K.
12-1886. Applicability to minors; juvenile court transfer
If the respondent to a petition for a severe threat order of protection is a minor, the petition shall be transferred to the juvenile court.
12-1887. Confidential records
A petition and any supporting documents that are filed pursuant to this article are confidential and are not public records until a severe threat order of protection is issued by the court.
12-1888. Prohibited possession of a firearm; firearm seizure; violation; classification
A. A person who is subject to a severe threat order of protection may not possess or purchase a firearm after the order has been served and an opportunity for a hearing was provided. A person who violates this section is guilty of a class 4 felony.
B. If the subject of a severe threat order of protection is a minor and a parent, legal guardian or household member owns a firearm, the parent or legal guardian shall attest to the court under oath as part of the severe threat order of protection proceedings that the minor who is the subject of the order cannot access the firearm.
C. A peace officer who is serving an ex parte severe threat pickup order may take temporary custody of any firearm that is in plain sight or discovered pursuant to a consensual or other lawful search and that is necessary for the protection of the peace officer or other persons present as provided in section 13‑3102, subsection L. A firearm that is taken into temporary custody pursuant to this subsection must be returned at the end of the contact.
D. A person who is subject to a severe threat order of protection shall surrender all firearms that are possessed by the person to the sheriff, a federally licensed firearms dealer or a responsible custodian within twenty-four hours after the order is issued. The person shall submit evidence of the person's compliance with this subsection to a law enforcement agency within twenty‑four hours after the order that the person surrendered the firearms for safekeeping to a federally licensed firearms dealer or a responsible custodian who affirms that the person will not have access to the firearm for the duration of the order. If a person who is subject to a severe threat order of protection does not own or possess a firearm, the person shall attest to the sheriff under oath that the person does not own or possess a firearm.
E. If a person who is subject to a severe threat order of protection does not submit evidence of the person's compliance with subsection D of this section to the sheriff within twenty-four hours after the order, the sheriff shall request that the court issue a search warrant to allow a peace officer to search for and seize any firearm that is in the person's possession.
F. If a firearm is seized and removed by a peace officer pursuant to this section, the peace officer shall provide the owner or possessor of the firearm with a receipt for each seized firearm. The receipt must include the identification or serial number or another identifying characteristic of each seized firearm. Each seized firearm shall be held safely and without being damaged for the duration of the severe threat order of protection or until the owner provides for other means of storage by a person who may lawfully possess the firearm. The firearm may be disposed of only in accordance with chapter 7, article 8 of this title.
G. If a firearm is seized and removed pursuant to this section, the petitioner shall be notified by the law enforcement agency that seized the firearm before the firearm is released.
H. After an order expires or is quashed, the court shall provide the subject of the order with documentation that states that the order has expired or has been quashed and is no longer in effect. A law enforcement agency that has custody of a firearm shall release the firearm within twenty-four hours, excluding weekends and holidays, after the receipt of the evidence that the order has expired or been quashed or receipt of a court document evidencing that the person is not prohibited from possessing a firearm.
I. If a person has been found to pose a significant danger of imminently causing death or serious physical injury to self or others and the court enters a severe threat order of protection pursuant to section 12‑1883 or 12‑1884, The superior court may access the information of a person who is subject to a severe threat order of protection to enforce or facilitate an order.
J. On request, the clerk of the court shall provide certified copies of the order to a law enforcement or prosecuting agency that is investigating or prosecuting a prohibited possessor as defined in section 13-3101.
K. A person is guilty of a class 5 felony if the person both:
1. Intentionally or knowingly allows access to a firearm by a person who is subject to a severe threat order of protection.
2. Knows the person is prohibited from possessing a firearm.
12-1889. Supreme court reporting
The supreme court shall submit an annual report to the president of the senate, the speaker of the house of representatives and the governor with the following information and submit a copy of the report to the secretary of state:
1. The number of ex parte severe threat pickup order petitions filed pursuant to this article.
2. The number of ex parte severe threat pick-up order petitions granted, quashed and denied.
3. The number of severe threat orders of protection entered.
4. The number of emergency severe threat orders of protection requested and denied.
5. The number of search warrants to seize a firearm issued pursuant to section 12‑1888, subsection E.
Sec. 4. Section 13-2703, Arizona Revised Statutes, is amended to read:
13-2703. False swearing; classification
A. A person commits false swearing by making a false sworn statement, believing it to be false.
B. False swearing is a class 6 felony, except that it is a class 5 felony if the person makes the false sworn statement for the purpose of obtaining a severe threat order of protection.
Sec. 5. Section 13-3101, Arizona Revised Statutes, is amended to read:
13-3101. Definitions
A. In this chapter, unless the context otherwise requires:
1. "Deadly weapon" means anything that is designed for lethal use. The term includes a firearm.
2. "Deface" means to remove, alter or destroy the manufacturer's serial number.
3. "Explosive" means any dynamite, nitroglycerine, black powder, or other similar explosive material, including plastic explosives. Explosive does not include ammunition or ammunition components such as primers, percussion caps, smokeless powder, black powder and black powder substitutes used for hand loading purposes.
4. "Firearm" means any loaded or unloaded handgun, pistol, revolver, rifle, shotgun or other weapon that will expel, is designed to expel or may readily be converted to expel a projectile by the action of an explosive. Firearm does not include a firearm in permanently inoperable condition.
5. "Improvised explosive device" means a device that incorporates explosives or destructive, lethal, noxious, pyrotechnic or incendiary chemicals and that is designed to destroy, disfigure, terrify or harass.
6. "Occupied structure" means any building, object, vehicle, watercraft, aircraft or place with sides and a floor that is separately securable from any other structure attached to it, that is used for lodging, business, transportation, recreation or storage and in which one or more human beings either are or are likely to be present or so near as to be in equivalent danger at the time the discharge of a firearm occurs. Occupied structure includes any dwelling house, whether occupied, unoccupied or vacant.
7. "Prohibited possessor" means any person:
(a) Who has been found to constitute a danger to self or to others or to have a persistent or acute disability or grave disability pursuant to court order pursuant to section 36‑540, and whose right to possess a firearm has not been restored pursuant to section 13‑925.
(b) Who has been convicted within or without this state of a felony or who has been adjudicated delinquent for a felony and whose civil right to possess or carry a gun or firearm has not been restored.
(c) Who is at the time of possession serving a term of imprisonment in any correctional or detention facility.
(d) Who is at the time of possession serving a term of probation pursuant to a conviction for a domestic violence offense as defined in section 13‑3601 or a felony offense, parole, community supervision, work furlough, home arrest or release on any other basis or who is serving a term of probation or parole pursuant to the interstate compact under title 31, chapter 3, article 4.1.
(e) Who is an undocumented alien or a nonimmigrant alien traveling with or without documentation in this state for business or pleasure or who is studying in this state and who maintains a foreign residence abroad. This subdivision does not apply to:
(i) Nonimmigrant aliens who possess a valid hunting license or permit that is lawfully issued by a state in the United States.
(ii) Nonimmigrant aliens who enter the United States to participate in a competitive target shooting event or to display firearms at a sports or hunting trade show that is sponsored by a national, state or local firearms trade organization devoted to the competitive use or other sporting use of firearms.
(iii) Certain diplomats.
(iv) Officials of foreign governments or distinguished foreign visitors who are designated by the United States department of state.
(v) Persons who have received a waiver from the United States attorney general.
(f) Who has been found incompetent pursuant to rule 11, Arizona rules of criminal procedure, and who subsequently has not been found competent.
(g) Who is found guilty except insane.
(h) Who is subject to a valid severe threat order of protection if the person was personally served with the order and provided an opportunity for a hearing.
8. "Prohibited weapon":
(a) Includes the following:
(i) An item that is a bomb, grenade, rocket having a propellant charge of more than four ounces or mine and that is explosive, incendiary or poison gas.
(ii) A device that is designed, made or adapted to muffle the report of a firearm.
(iii) A firearm that is capable of shooting more than one shot automatically, without manual reloading, by a single function of the trigger.
(iv) A rifle with a barrel length of less than sixteen inches, or shotgun with a barrel length of less than eighteen inches, or any firearm that is made from a rifle or shotgun and that, as modified, has an overall length of less than twenty‑six inches.
(v) An instrument, including a nunchaku, that consists of two or more sticks, clubs, bars or rods to be used as handles, connected by a rope, cord, wire or chain, in the design of a weapon used in connection with the practice of a system of self‑defense.
(vi) A breakable container that contains a flammable liquid with a flash point of one hundred fifty degrees Fahrenheit or less and that has a wick or similar device capable of being ignited.
(vii) A chemical or combination of chemicals, compounds or materials, including dry ice, that is possessed or manufactured for the purpose of generating a gas to cause a mechanical failure, rupture or bursting or an explosion or detonation of the chemical or combination of chemicals, compounds or materials.
(viii) An improvised explosive device.
(ix) Any combination of parts or materials that is designed and intended for use in making or converting a device into an item set forth in item (i), (vi) or (viii) of this subdivision.
(b) Does not include:
(i) Any fireworks that are imported, distributed or used in compliance with state laws or local ordinances.
(ii) Any propellant, propellant actuated devices or propellant actuated industrial tools that are manufactured, imported or distributed for their intended purposes.
(iii) A device that is commercially manufactured primarily for the purpose of illumination.
9. "Trafficking" means to sell, transfer, distribute, dispense or otherwise dispose of a weapon or explosive to another person, or to buy, receive, possess or obtain control of a weapon or explosive, with the intent to sell, transfer, distribute, dispense or otherwise dispose of the weapon or explosive to another person.
B. The items set forth in subsection A, paragraph 8, subdivision (a), items (i), (ii), (iii) and (iv) of this section do not include any firearms or devices that are possessed, manufactured or transferred in compliance with federal law.
Sec. 6. Title 15, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 15-118, to read:
15-118. Suicide prevention training; approved materials; posting
A. On or before July 1, 2019, the Arizona health care cost containment system administration shall annually identify or develop and post on the administration's website web‑based training on the topic of suicide prevention that may be used to fulfill the requirements of this section. The administration may consult with other organizations that have expertise in suicide prevention when identifying or developing the training. The administration shall annually update these approved materials.
B. Beginning in the 2019-2020 school year, school districts and charter schools MAY require the following only for teachers, principals and other school personnel who work with pupils in grades six through twelve:
1. Training in suicide prevention.
2. Training to identify the warning signs of suicidal behavior in adolescents and teens.
3. Training in appropriate intervention and referral techniques.
C. The training required by subsection B of this section:
1. Must use evidence-based training materials.
2. 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.
Sec. 7. Title 15, chapter 1, article 5, Arizona Revised Statutes, is amended by adding sections 15-153 and 15‑153.01, to read:
15-153. School safety requirements; emergency response plans; agreements with law enforcement
A. Beginning in the 2018‑2019 school year, the arizona state schools for the deaf and the blind and each school district and charter school that issues student identification cards shall include on the identification cards the telephone number of the safe schools hotline that is operated by the center for school safety and established pursuant to section 41‑1711.
B. Each visitor to the campus of a local education agency, on request, shall provide identification to any school employee. A school administrator may inform a visitor who fails to provide identification that the visitor must leave the campus or be subject to a trespass violation.
C. Each school district and charter school and the Arizona state schools for the deaf and the blind, in conjunction with local law enforcement agencies and emergency response agencies, shall:
1. provide school safety training for students that is age‑appropriate.
2. Provide professional development for teachers and staff on the policies and procedures of the school district or school related to school safety.
3. Develop and continuously maintain an emergency response plan for each school in accordance with the minimum standards that are jointly developed by the department of education, the department of public safety and the division of emergency management in the department of emergency and military affairs. The emergency response plan is critical infrastructure information as defined in section 41‑1801 and does not constitute a public record. The emergency response plan shall contain the contact information for all local law enforcement agencies whose jurisdictions includes the school and, if available, the contact information for the school resource officer assigned to the school and the law enforcement agency affiliated with that school resource officer. As part of the emergency response plan, the SCHOOL ADMINISTRATOR of a school, a charter school and the Arizona state schools for the deaf and the blind may each dEVELOP and CONTINUously maintain an active shooter training program. Each emergency response plan may include reserve peace officers trained pursuant to section 15‑154, subsection a, paragraph 4.
D. A school district, a charter school or the Arizona state schools for the deaf and the blind may enter into an agreement with the department of public safety, a county sheriff or a local law enforcement agency to allow active or reserve peace officers who are certified by the Arizona peace officer standards and training board or qualified retired law enforcement officers as defined IN 18 uNITED sTATES cODE SECTION 926c to provide security on school grounds. A person who is employed by a school district, A CHARTER SCHOOL OR THE aRIZONA STATE SCHOOLS FOR THE DEAF AND THE BLIND who is certified by the arizona peace officer standards and training board and who becomes a reserve peace officer pursuant to the agreement is not required to participate in additional reserve duties, commitments or obligations when the person is not on school property with the exception of the training required to maintain the person's peace officer certification.
E. A school district, A charter school or tHE aRIZONA STATE SCHOOLS FOR THE DEAF AND THE BLIND may enter into an agreement with the department of public safety, a county sheriff or a local law enforcement agency to allow peace officers whose jurisdiction includes a school to use the school's indoor or outdoor facilities and property during the hours that the school is open to complete administrative tasks, including paperwork, while on duty.
15-153.01. Crime reporting; policies and procedures; notification; discipline
A. A school district governing board and a charter school governing body shall prescribe and enforce policies and procedures for school personnel, pursuant to section 15‑341, subsection A, paragraph 30, to report to the sheriff or the local law enforcement agency any suspected crime against a person or property that is a serious offense as defined in section 13-706 or that involves a deadly weapon or dangerous instrument or serious physical injury and any conduct that poses a threat of death or serious physical injury to employees, students or other persons on the school property.
B. A school district governing board or a charter school governing body shall prescribe and enforce policies and procedures that require notification to be made to the parent or guardian of each student who is involved in a suspected crime or any conduct that is described in subsection a of this section.
C. A person who violates subsection a of this section may be disciplined for a violation of the policies of charter school governing body OR SCHOOL DISTRICT GOVERNING BOARD pursuant to section 15‑341, subsection a, paragraphS 21 AND 22. A SCHOOL DISTRICT GOVERNING BOARD OR A CHARTER SCHOOL GOVERNING BODY SHALL PRESCRIBE AND ENFORCE POLICIES AND PROCEDURES THAT REQUIRE A RECORD TO BE MAINTAINED FOR ANY PERSON WHO IS DISCIPLINED PURSUANT TO THIS SUBSECTION AND, ON REQUEST, SHALL MAKE ANY SUCH RECORD AVAILABLE TO ANY PUBLIC SCHOOL, SCHOOL DISTRICT GOVERNING BOARD OR CHARTER SCHOOL GOVERNING BODY THAT INTENDS TO HIRE THAT PERSON.
Sec. 8. Section 15-154, Arizona Revised Statutes, is amended to read:
15-154. School safety program; purpose; proposals; requirements; annual report; program termination; definitions
A. The school safety program is established within the department of education to promote safe learning environments for students by supporting the costs of placing school resource officers or juvenile probation officers on school campuses. The department of education shall COORDINATE with the department of public safety to administer the school safety program. A school district or charter school may apply to participate in the school safety program as provided in this section for up to three fiscal years by submitting by April 15 a program proposal to the department of education. Any information concerning school safety needs or security measures that is required to be submitted pursuant to this section does not constitute a public record. The program proposal shall contain:
1. A detailed description of the school safety needs of the charter school or school district, including information on security measures that are currently in place at each school.
2. An emergency response plan that is developed by the school district or charter school pursuant to section 15‑153, subsection C.
2. 3. A plan for implementing a law‑related education program or a plan that demonstrates the existence of a law‑related education program as a school safety prevention strategy.
3. 4. A plan to use trained school resource officers, ACTIVE OR RESERVE peace OFFICERS who are certified by the Arizona peace officer standards and training board OR QUALIFIED RETIRED LAW ENFORCEMENT OFFICERS as defined IN 18 uNITED sTATES cODE SECTION 926c or juvenile probation officers in the school, or both ANY COMBINATION OF THOSE OFFICERS. The governing board of a school district, the governing body of a charter school and the board of directors for the arizona state schools for the deaf and the blind shall provide information at least once each school year to employees about reserve peace officer training.
4. 5. If the school district or charter school has already participated in the school safety program, information on the success, compliance and implementation of the most recent grant.
B. The department of education shall administer the program in cooperation with the courts, law enforcement agencies and law‑related education providers awarded a contract pursuant to section 41‑2534, subject to review and approval by the state board of education. The department of education shall use relevant crime statistics to assess the needs of each program proposal and shall visit school districts and charter schools that submit program proposals in order to verify the information contained in the program proposals. The department of education shall contract to provide guidelines, curricula and support resources for school resource officers and juvenile probation officers to use in implementing a law‑related education program.
C. The department of education, subject to the review and approval of the state board of education, shall distribute monies to the school districts and charter schools that are in compliance with program requirements and whose plans have been approved by the state board of education. The state board of education shall also review and approve renewal applications for up to an additional three fiscal years from participating school sites.
D. The department of education, in coordination with the department of public safety, shall review plans submitted by school districts and charter schools for participation in the school safety program and shall select sites that are eligible to receive funding based on school safety needs. The department of education may prioritize grants to school districts and charter schools that have agreements to share the cost of the school resource officer or juvenile probation officer with a law enforcement agency or the courts.
E. The department of education shall evaluate the effectiveness of the school safety program and report on the activities of the program and the participants in the school safety program to the president of the senate, the speaker of the house of representatives and the governor on or before November 1 of each year and shall provide a copy of this report to the secretary of state. The evaluation and report shall include survey results from participating schools and data from participating schools on the impact of participating in the school safety program. The department of education, in coordination with the department of public safety, shall establish data guidelines for school safety program participants to follow in reporting pursuant to this subsection.
F. The school safety program established by this section shall include a school safety program guidance manual adopted by the department of education that requires a dispute resolution process to be included in the service agreement between a school district or charter school that received a grant from the school safety program and the law enforcement agency that provides services to the school district or charter school.
G. THE DEPARTMENT OF EDUCATION SHALL MEET WITH REPRESENTATIVES FROM SCHOOL DISTRICTS AND CHARTER SCHOOLS, THE DEPARTMENT OF PUBLIC SAFETY, county sheriffs AND LOCAL LAW ENFORCEMENT AGENCIES ON A QUARTERLY BASIS TO DISCUSS SCHOOL SAFETY.
G. H. Any appropriations that are made to the department of education for the school safety program are exempt from the provisions of section 35‑190 relating to the lapsing of appropriations. All monies that are not used for an approved school safety plan during the fiscal year for which the monies were appropriated revert to the department of education for distribution to the program in the following fiscal year.
H. I. Monies received by a school district or charter school under the program shall be spent to implement the approved plans.
I. J. The program established by this section ends on July 1, 2025 pursuant to section 41‑3102. The auditor general shall include the school safety program as part of its ongoing sunset review of agencies and programs.
J. K. For the purposes of this section:
1. "Law‑related education" means interactive education to equip children and youth with knowledge and skills pertaining to the law, school safety and effective citizenship.
2. "Law‑related education program" means a program designed to provide children and youth with knowledge, skills and activities pertaining to the law and legal process and to promote law‑abiding behavior with the purpose of preventing children and youth from engaging in delinquency or violence and enabling them to become productive citizens.
Sec. 9. Section 15-341, Arizona Revised Statutes, is amended to read:
15-341. General powers and duties; immunity; delegation
A. The governing board shall:
1. Prescribe and enforce policies and procedures for the governance of the schools, that are not inconsistent with law or rules prescribed by the state board of education.
2. Exclude from schools all books, publications, papers or audiovisual materials of a sectarian, partisan or denominational character. This paragraph shall does not be construed to prohibit the elective course permitted by section 15‑717.01.
3. Manage and control the school property within its district.
4. Acquire school furniture, apparatus, equipment, library books and supplies for the use of the schools.
5. Prescribe the curricula and criteria for the promotion and graduation of pupils as provided in sections 15‑701 and 15‑701.01.
6. Furnish, repair and insure, at full insurable value, the school property of the district.
7. Construct school buildings on approval by a vote of the district electors.
8. Make in the name of the district conveyances of property belonging to the district and sold by the board.
9. Purchase school sites when authorized by a vote of the district at an election conducted as nearly as practicable in the same manner as the election provided in section 15‑481 and held on a date prescribed in section 15‑491, subsection E, but such authorization shall not necessarily specify the site to be purchased and such authorization shall not be necessary to exchange unimproved property as provided in section 15‑342, paragraph 23.
10. Construct, improve and furnish buildings used for school purposes when such buildings or premises are leased from the national park service.
11. Purchase school sites or construct, improve and furnish school buildings from the proceeds of the sale of school property only on approval by a vote of the district electors.
12. Hold pupils to strict account for disorderly conduct on school property.
13. Discipline students for disorderly conduct on the way to and from school.
14. Except as provided in section 15‑1224, deposit all monies received by the district as gifts, grants and devises with the county treasurer who shall credit the deposits as designated in the uniform system of financial records. If not inconsistent with the terms of the gifts, grants and devises given, any balance remaining after expenditures for the intended purpose of the monies have been made shall be used for reduction of school district taxes for the budget year, except that in the case of accommodation schools the county treasurer shall carry the balance forward for use by the county school superintendent for accommodation schools for the budget year.
15. Provide that, if a parent or legal guardian chooses not to accept a decision of the teacher as provided in section paragraph 42 41 of this subsection, the parent or legal guardian may request in writing that the governing board review the teacher's decision. This paragraph shall does not be construed to release school districts from any liability relating to a child's promotion or retention.
16. Provide for adequate supervision over pupils in instructional and noninstructional activities by certificated or noncertificated personnel.
17. Use school monies received from the state and county school apportionment exclusively for payment of salaries of teachers and other employees and contingent expenses of the district.
18. Make an annual report to the county school superintendent on or before October 1 in the manner and form and on the blanks prescribed by the superintendent of public instruction or county school superintendent. The board shall also make reports directly to the county school superintendent or the superintendent of public instruction whenever required.
19. Deposit all monies received by school districts other than student activities monies or monies from auxiliary operations as provided in sections 15‑1125 and 15‑1126 with the county treasurer to the credit of the school district except as provided in paragraph 20 of this subsection and sections 15‑1223 and 15‑1224, and the board shall expend the monies as provided by law for other school funds.
20. Establish bank accounts in which the board during a month may deposit miscellaneous monies received directly by the district. The board shall remit monies deposited in the bank accounts at least monthly to the county treasurer for deposit as provided in paragraph 19 of this subsection and in accordance with the uniform system of financial records.
21. Prescribe and enforce policies and procedures for disciplinary action against a teacher who engages in conduct that is a violation of the policies of the governing board but that is not cause for dismissal of the teacher or for revocation of the certificate of the teacher. Disciplinary action may include suspension without pay for a period of time not to exceed ten school days. Disciplinary action shall not include suspension with pay or suspension without pay for a period of time longer than ten school days. The procedures shall include notice, hearing and appeal provisions for violations that are cause for disciplinary action. The governing board may designate a person or persons to act on behalf of the board on these matters.
22. Prescribe and enforce policies and procedures for disciplinary action against an administrator who engages in conduct that is a violation of the policies of the governing board regarding duties of administrators but that is not cause for dismissal of the administrator or for revocation of the certificate of the administrator. Disciplinary action may include suspension without pay for a period of time not to exceed ten school days. Disciplinary action shall not include suspension with pay or suspension without pay for a period of time longer than ten school days. The procedures shall include notice, hearing and appeal provisions for violations that are cause for disciplinary action. The governing board may designate a person or persons to act on behalf of the board on these matters. For violations that are cause for dismissal, the provisions of notice, hearing and appeal in chapter 5, article 3 of this title shall apply. The filing of a timely request for a hearing suspends the imposition of a suspension without pay or a dismissal pending completion of the hearing.
23. Notwithstanding sections 13‑3108 and 13‑3120, prescribe and enforce policies and procedures that prohibit a person from carrying or possessing a weapon on school grounds unless the person is a peace officer or has obtained specific authorization from the school administrator.
24. Prescribe and enforce policies and procedures relating to the health and safety of all pupils participating in district sponsored district‑sponsored practice sessions or games or other interscholastic athletic activities, including:
(a) The provision of water.
(b) Guidelines, information and forms, developed in consultation with a statewide private entity that supervises interscholastic activities, to inform and educate coaches, pupils and parents of the dangers of concussions and head injuries and the risks of continued participation in athletic activity after a concussion. The policies and procedures shall require that, before a pupil participates in an athletic activity, the pupil and the pupil's parent must sign an information form at least once each school year that states that the parent is aware of the nature and risk of concussion. The policies and procedures shall require that a pupil who is suspected of sustaining a concussion in a practice session, game or other interscholastic athletic activity be immediately removed from the athletic activity. A coach from the pupil's team or an official or a licensed health care provider may remove a pupil from play. A team parent may also remove the parent's own child from play. A pupil may return to play on the same day if a health care provider rules out a suspected concussion at the time the pupil is removed from play. On a subsequent day, the pupil may return to play if the pupil has been evaluated by and received written clearance to resume participation in athletic activity from a health care provider who has been trained in the evaluation and management of concussions and head injuries. A health care provider who is a volunteer and who provides clearance to participate in athletic activity on the day of the suspected injury or on a subsequent day is immune from civil liability with respect to all decisions made and actions taken that are based on good faith implementation of the requirements of this subdivision, except in cases of gross negligence or wanton or wilful neglect. A school district, school district employee, team coach, official or team volunteer or a parent or guardian of a team member is not subject to civil liability for any act, omission or policy undertaken in good faith to comply with the requirements of this subdivision or for a decision made or an action taken by a health care provider. A group or organization that uses property or facilities owned or operated by a school district for athletic activities shall comply with the requirements of this subdivision. A school district and its employees and volunteers are not subject to civil liability for any other person or organization's failure or alleged failure to comply with the requirements of this subdivision. This subdivision does not apply to teams that are based in another state and that participate in an athletic activity in this state. For the purposes of this subdivision, athletic activity does not include dance, rhythmic gymnastics, competitions or exhibitions of academic skills or knowledge or other similar forms of physical noncontact activities, civic activities or academic activities, whether engaged in for the purposes of competition or recreation. For the purposes of this subdivision, "health care provider" means a physician who is licensed pursuant to title 32, chapter 13 or 17, an athletic trainer who is licensed pursuant to title 32, chapter 41, a nurse practitioner who is licensed pursuant to title 32, chapter 15, and a physician assistant who is licensed pursuant to title 32, chapter 25.
25. Establish an assessment, data gathering and reporting system as prescribed in chapter 7, article 3 of this title.
26. Provide special education programs and related services pursuant to section 15‑764, subsection A to all children with disabilities as defined in section 15‑761.
27. Administer competency tests prescribed by the state board of education for the graduation of pupils from high school.
28. Ensure that insurance coverage is secured for all construction projects for purposes of general liability, property damage and workers' compensation and secure performance and payment bonds for all construction projects.
29. Keep in the personnel file of all current and former employees who provide instruction to pupils at a school information about the employee's educational and teaching background and experience in a particular academic content subject area. A school district shall inform parents and guardians of the availability of the information and shall make the information available for inspection on request of parents and guardians of pupils enrolled at a school. This paragraph shall does not be construed to require any school to release personally identifiable information in relation to any teacher or employee, including the teacher's or employee's address, salary, social security number or telephone number.
30. Report to local law enforcement agencies any suspected crime against a person or property that is a serious offense as defined in section 13‑706 or that involves a deadly weapon or dangerous instrument or serious physical injury and any conduct that poses a threat of death or serious physical injury to employees, students or anyone on the property of the school. This paragraph does not limit or preclude the reporting by a school district or an employee of a school district of suspected crimes other than those required to be reported by this paragraph. For the purposes of this paragraph, "dangerous instrument", "deadly weapon" and "serious physical injury" have the same meanings prescribed in section 13‑105.
31. In conjunction with local law enforcement agencies and emergency response agencies, develop an emergency response plan for each school in the school district in accordance with minimum standards developed jointly by the department of education and the division of emergency management within the department of emergency and military affairs.
32. 31. Provide written notice to the parents or guardians of all students enrolled in the school district at least ten days prior to before a public meeting to discuss closing a school within the school district. The notice shall include the reasons for the proposed closure and the time and place of the meeting. The governing board shall fix a time for a public meeting on the proposed closure no not less than ten days before voting in a public meeting to close the school. The school district governing board shall give notice of the time and place of the meeting. At the time and place designated in the notice, the school district governing board shall hear reasons for or against closing the school. The school district governing board is exempt from this paragraph if it is determined by the governing board determines that the school shall be closed because it poses a danger to the health or safety of the pupils or employees of the school. A governing board may consult with the school facilities board for technical assistance and for information on the impact of closing a school. The information provided from the school facilities board shall not require the governing board to take or not take any action.
33. 32. Incorporate instruction on Native American history into appropriate existing curricula.
34. 33. Prescribe and enforce policies and procedures:
(a) Allowing pupils who have been diagnosed with anaphylaxis by a health care provider licensed pursuant to title 32, chapter 13, 14, 17 or 25 or by a registered nurse practitioner licensed and certified pursuant to title 32, chapter 15 to carry and self-administer emergency medications, including epinephrine auto‑injectors, while at school and at school‑sponsored activities. The pupil's name on the prescription label on the medication container or on the medication device and annual written documentation from the pupil's parent or guardian to the school that authorizes possession and self-administration is sufficient proof that the pupil is entitled to the possession and self‑administration of the medication. The policies shall require a pupil who uses an epinephrine auto‑injector while at school and at school‑sponsored activities to notify the nurse or the designated school staff person of the use of the medication as soon as practicable. A school district and its employees are immune from civil liability with respect to all decisions made and actions taken that are based on good faith implementation of the requirements of this subdivision, except in cases of wanton or wilful neglect.
(b) For the emergency administration of epinephrine auto‑injectors by a trained employee of a school district pursuant to section 15‑157.
35. 34. Allow the possession and self-administration of prescription medication for breathing disorders in handheld inhaler devices by pupils who have been prescribed that medication by a health care professional licensed pursuant to title 32. The pupil's name on the prescription label on the medication container or on the handheld inhaler device and annual written documentation from the pupil's parent or guardian to the school that authorizes possession and self-administration shall be sufficient proof that the pupil is entitled to the possession and self‑administration of the medication. A school district and its employees are immune from civil liability with respect to all decisions made and actions taken that are based on a good faith implementation of the requirements of this paragraph.
36. 35. Prescribe and enforce policies and procedures to prohibit pupils from harassing, intimidating and bullying other pupils on school grounds, on school property, on school buses, at school bus stops, at school‑sponsored events and activities and through the use of electronic technology or electronic communication on school computers, networks, forums and mailing lists that include the following components:
(a) A procedure for pupils, parents and school district employees to confidentially report to school officials incidents of harassment, intimidation or bullying. The school shall make available written forms designed to provide a full and detailed description of the incident and any other relevant information about the incident.
(b) A requirement that school district employees report in writing suspected incidents of harassment, intimidation or bullying to the appropriate school official and a description of appropriate disciplinary procedures for employees who fail to report suspected incidents that are known to the employee.
(c) A requirement that, at the beginning of each school year, school officials provide all pupils with a written copy of the rights, protections and support services available to a pupil who is an alleged victim of an incident reported pursuant to this paragraph.
(d) If an incident is reported pursuant to this paragraph, a requirement that school officials provide a pupil who is an alleged victim of the incident with a written copy of the rights, protections and support services available to that pupil.
(e) A formal process for the documentation of reported incidents of harassment, intimidation or bullying and for the confidentiality, maintenance and disposition of this documentation. School districts shall maintain documentation of all incidents reported pursuant to this paragraph for at least six years. The school shall not use that documentation to impose disciplinary action unless the appropriate school official has investigated and determined that the reported incidents of harassment, intimidation or bullying occurred. If a school provides documentation of reported incidents to persons other than school officials or law enforcement, all individually identifiable information shall be redacted.
(f) A formal process for the investigation by the appropriate school officials of suspected incidents of harassment, intimidation or bullying, including procedures for notifying the alleged victim on completion and disposition of the investigation.
(g) Disciplinary procedures for pupils who have admitted or been found to have committed incidents of harassment, intimidation or bullying.
(h) A procedure that sets forth consequences for submitting false reports of incidents of harassment, intimidation or bullying.
(i) Procedures designed to protect the health and safety of pupils who are physically harmed as the result of incidents of harassment, intimidation and bullying, including, if appropriate, procedures to contact emergency medical services or law enforcement agencies, or both.
(j) Definitions of harassment, intimidation and bullying.
37. 36. Prescribe and enforce policies and procedures regarding changing or adopting attendance boundaries that include the following components:
(a) A procedure for holding public meetings to discuss attendance boundary changes or adoptions that allows public comments.
(b) A procedure to notify the parents or guardians of the students affected.
(c) A procedure to notify the residents of the households affected by the attendance boundary changes.
(d) A process for placing public meeting notices and proposed maps on the school district's website for public review, if the school district maintains a website.
(e) A formal process for presenting the attendance boundaries of the affected area in public meetings that allows public comments.
(f) A formal process for notifying the residents and parents or guardians of the affected area as to the decision of the governing board on the school district's website, if the school district maintains a website.
(g) A formal process for updating attendance boundaries on the school district's website within ninety days of an adopted boundary change. The school district shall send a direct link to the school district's attendance boundaries website to the department of real estate.
38. 37. If the state board of education determines that the school district has committed an overexpenditure as defined in section 15‑107, provide a copy of the fiscal management report submitted pursuant to section 15‑107, subsection H on its website and make copies available to the public on request. The school district shall comply with a request within five business days after receipt.
39. 38. Ensure that the contract for the superintendent is structured in a manner in which up to twenty percent of the total annual salary included for the superintendent in the contract is classified as performance pay. This paragraph shall does not be construed to require school districts to increase total compensation for superintendents. Unless the school district governing board votes to implement an alternative procedure at a public meeting called for this purpose, the performance pay portion of the superintendent's total annual compensation shall be determined as follows:
(a) Twenty‑five percent of the performance pay shall be determined based on the percentage of academic gain determined by the department of education of pupils who are enrolled in the school district compared to the academic gain achieved by the highest ranking of the fifty largest school districts in this state. For the purposes of this subdivision, the department of education shall determine academic gain by the academic growth achieved by each pupil who has been enrolled at the same school in a school district for at least five consecutive months measured against that pupil's academic results in the 2008‑2009 school year. For the purposes of this subdivision, of the fifty largest school districts in this state, the school district with pupils who demonstrate the highest statewide percentage of overall academic gain measured against academic results for the 2008‑2009 school year shall be assigned a score of 100 and the school district with pupils who demonstrate the lowest statewide percentage of overall academic gain measured against academic results for the 2008‑2009 school year shall be assigned a score of 0.
(b) Twenty‑five percent of the performance pay shall be determined by the percentage of parents of pupils who are enrolled at the school district who assign a letter grade of "A" to the school on a survey of parental satisfaction with the school district. The parental satisfaction survey shall be administered and scored by an independent entity that is selected by the governing board and that demonstrates sufficient expertise and experience to accurately measure the results of the survey. The parental satisfaction survey shall use standard random sampling procedures and provide anonymity and confidentiality to each parent who participates in the survey. The letter grade scale used on the parental satisfaction survey shall direct parents to assign one of the following letter grades:
(i) A letter grade of "A" if the school district is excellent.
(ii) A letter grade of "B" if the school district is above average.
(iii) A letter grade of "C" if the school district is average.
(iv) A letter grade of "D" if the school district is below average.
(v) A letter grade of "F" if the school district is a failure.
(c) Twenty‑five percent of the performance pay shall be determined by the percentage of teachers who are employed at the school district and who assign a letter grade of "A" to the school on a survey of teacher satisfaction with the school. The teacher satisfaction survey shall be administered and scored by an independent entity that is selected by the governing board and that demonstrates sufficient expertise and experience to accurately measure the results of the survey. The teacher satisfaction survey shall use standard random sampling procedures and provide anonymity and confidentiality to each teacher who participates in the survey. The letter grade scale used on the teacher satisfaction survey shall direct teachers to assign one of the following letter grades:
(i) A letter grade of "A" if the school district is excellent.
(ii) A letter grade of "B" if the school district is above average.
(iii) A letter grade of "C" if the school district is average.
(iv) A letter grade of "D" if the school district is below average.
(v) A letter grade of "F" if the school district is a failure.
(d) Twenty‑five percent of the performance pay shall be determined by other criteria selected by the governing board.
40. 39. Maintain and store permanent public records of the school district as required by law. Notwithstanding section 39‑101, the standards adopted by the Arizona state library, archives and public records for the maintenance and storage of school district public records shall allow school districts to elect to satisfy the requirements of this paragraph by maintaining and storing these records either on paper or in an electronic format, or a combination of a paper and electronic format.
41. 40. Adopt in a public meeting and implement by school year 2013‑2014 policies for principal evaluations. Before the adoption of principal evaluation policies, the school district governing board shall provide opportunities for public discussion on the proposed policies. The policies shall describe:
(a) The principal evaluation instrument, including the four performance classifications adopted by the governing board pursuant to section 15‑203, subsection A, paragraph 38.
(b) Alignment of professional development opportunities to the principal evaluations.
(c) Incentives for principals in one of the two highest performance classifications pursuant to section 15‑203, subsection A, paragraph 38, which may include:
(i) Multiyear contracts pursuant to section 15‑503.
(ii) Incentives to work at schools that are assigned a letter grade of D or F pursuant to section 15‑241.
(d) Transfer and contract processes for principals designated in the lowest performance classification pursuant to section 15‑203, subsection A, paragraph 38.
42. 41. Prescribe and enforce policies and procedures that define the duties of principals and teachers. These policies and procedures shall authorize teachers to take and maintain daily classroom attendance, make the decision to promote or retain a pupil in a grade in common school or to pass or fail a pupil in a course in high school, subject to review by the governing board in the manner provided in section 15‑342, paragraph 11.
43. 42. Prescribe and enforce policies and procedures for the emergency administration by an employee of a school district pursuant to section 36‑2267 of naloxone hydrochloride or any other opioid antagonist approved by the United States food and drug administration.
B. Notwithstanding subsection A, paragraphs 7, 9 and 11 of this section, the county school superintendent may construct, improve and furnish school buildings or purchase or sell school sites in the conduct of an accommodation school.
C. If any school district acquires real or personal property, whether by purchase, exchange, condemnation, gift or otherwise, the governing board shall pay to the county treasurer any taxes on the property that were unpaid as of the date of acquisition, including penalties and interest. The lien for unpaid delinquent taxes, penalties and interest on property acquired by a school district:
1. Is not abated, extinguished, discharged or merged in the title to the property.
2. Is enforceable in the same manner as other delinquent tax liens.
D. The governing board may not locate a school on property that is less than one‑fourth mile from agricultural land regulated pursuant to section 3‑365, except that the owner of the agricultural land may agree to comply with the buffer zone requirements of section 3‑365. If the owner agrees in writing to comply with the buffer zone requirements and records the agreement in the office of the county recorder as a restrictive covenant running with the title to the land, the school district may locate a school within the affected buffer zone. The agreement may include any stipulations regarding the school, including conditions for future expansion of the school and changes in the operational status of the school that will result in a breach of the agreement.
E. A school district, its governing board members, its school council members and its employees are immune from civil liability for the consequences of adoption and implementation of policies and procedures pursuant to subsection A of this section and section 15‑342. This waiver does not apply if the school district, its governing board members, its school council members or its employees are guilty of gross negligence or intentional misconduct.
F. A governing board may delegate in writing to a superintendent, principal or head teacher the authority to prescribe procedures that are consistent with the governing board's policies.
G. Notwithstanding any other provision of this title, a school district governing board shall not take any action that would result in a reduction of pupil square footage unless the governing board notifies the school facilities board established by section 15‑2001 of the proposed action and receives written approval from the school facilities board to take the action. A reduction includes an increase in administrative space that results in a reduction of pupil square footage or sale of school sites or buildings, or both. A reduction includes a reconfiguration of grades that results in a reduction of pupil square footage of any grade level. This subsection does not apply to temporary reconfiguration of grades to accommodate new school construction if the temporary reconfiguration does not exceed one year. The sale of equipment that results in a reduction that falls below the equipment requirements prescribed in section 15‑2011, subsection B is subject to commensurate withholding of school district district additional assistance monies pursuant to the direction of the school facilities board. Except as provided in section 15‑342, paragraph 10, proceeds from the sale of school sites, buildings or other equipment shall be deposited in the school plant fund as provided in section 15‑1102.
H. Subsections C through G of this section apply to a county board of supervisors and a county school superintendent when operating and administering an accommodation school.
Sec. 10. Section 15-503, Arizona Revised Statutes, is amended to read:
15-503. Superintendents, principals, head teachers and school psychologists; term of employment; evaluation; contract delivery; nonretention notice
A. The governing board may:
1. Employ a superintendent or principal, or both. If the governing board employs a superintendent, the governing board shall determine the qualifications for the superintendent by action taken at a public meeting. The governing board shall require a superintendent to have a valid fingerprint clearance card that is issued pursuant to title 41, chapter 12, article 3.1.
2. Appoint a head teacher.
3. Jointly with another governing board employ a superintendent or a principal, or both. If the governing board jointly employs a superintendent, the governing boards shall jointly determine the qualifications for the superintendent by action taken at a public meeting. The governing boards shall require a superintendent to have a valid fingerprint clearance card that is issued pursuant to title 41, chapter 12, article 3.1.
B. The term of employment of superintendents may be for any period not exceeding three years, except that if the superintendent's contract with the school district is for multiple years pursuant to this subsection the school district shall not offer to extend or renegotiate the contract until no earlier than fifteen months before the expiration of the contract. The term of employment of principals may be for any period not exceeding three years pursuant to section 15‑341, subsection A, paragraph 41 40, except that if the principal's contract with the school district is for multiple years the school district shall not offer to extend or negotiate the contract until May of the year preceding the final year of the contract. The school district governing board or the governing body of the charter school shall communicate the superintendent's or principal's duties with respect to the classroom site fund established by section 15‑977.
C. The governing board shall establish systems for the evaluation of the performance of principals that meet the requirements prescribed in section 15‑203, subsection A, paragraph 38 and other school administrators and certificated school psychologists in the school district. In the development and adoption of these performance evaluation systems, the governing board shall avail itself of the advice of its administrators and certificated school psychologists. Each evaluation shall include recommendations as to areas of improvement in the performance of the certificated school psychologist if the performance of the certificated school psychologist warrants improvement. After transmittal of an assessment, a board designee shall confer with the certificated school psychologist to make specific recommendations as to areas of improvement in the certificated school psychologist's performance. The board designee shall provide assistance and opportunities for the certificated school psychologist to improve performance and shall follow up with the certificated school psychologist after a reasonable period of time for the purpose of ascertaining that the certificated school psychologist is demonstrating adequate performance. The evaluation process for certificated school psychologists shall include appeal procedures for certificated school psychologists who disagree with the evaluation of their performance, if the evaluation is for use as criteria for establishing compensation or dismissal.
D. On or before May 15 each year, the governing board shall offer a contract for the next school year to each certified administrator and certificated school psychologist who is in the last year of the person's contract unless, on or before April 15, the governing board, a member of the board acting on behalf of the board or the superintendent of the school district gives notice to the administrator or certificated school psychologist of the board's intention not to offer a new contract. If the governing board has called for an override election for the third Tuesday in May as provided in section 15‑481, the governing board shall offer a contract for the next school year to each certified administrator or certificated school psychologist who is in the last year of the person's contract on or before June 15 unless, no later than five days after the override election excluding Saturday, Sunday and legal holidays, the governing board, a member of the board acting on behalf of the board or the superintendent of the school district gives notice to the administrator or the certificated school psychologist of the board's intention not to offer a new contract. The administrator's or the certificated school psychologist's acceptance of the contract shall be indicated within thirty days from the date of the written contract or the offer is revoked. The administrator or certificated school psychologist accepts the contract by signing the contract and returning it to the governing board or by making a written instrument that accepts the terms of the contract and delivering the written instrument to the governing board.
E. Notice of the board's intention not to reemploy the administrator or certificated school psychologist shall be made by delivering the notice personally to the administrator or the certificated school psychologist or by sending the notice by certified mail, postmarked on or before the applicable deadline prescribed in subsection D of this section, and directed to the administrator or the certificated school psychologist at the person's place of residence as recorded in the school district records.
F. The school district governing board shall make available the evaluation and performance classification pursuant to section 15‑203, subsection A, paragraph 38 of each principal in the school district to school districts and charter schools that are inquiring about the performance of the principal for hiring purposes.
Sec. 11. Section 15-512, Arizona Revised Statutes, is amended to read:
15-512. Noncertificated personnel; fingerprinting personnel; background investigations; affidavit; civil immunity; violation; classification; definition
A. Noncertificated personnel and personnel who are not paid employees of the school district and who are not either the parent or the guardian of a pupil who attends school in the school district but who are required or allowed to provide services directly to pupils without the supervision of a certificated employee and who are initially hired by a school district after January 1, 1990 shall be fingerprinted as a condition of employment except for personnel who are required as a condition of licensing to be fingerprinted if the license is required for employment or for personnel who were previously employed by a school district and who reestablished employment with that district within one year after the date that the employee terminated employment with the district. A school district may require noncertificated personnel and personnel who are not paid employees of the school district and who are not either the parent or the guardian of a pupil who attends school in the school district but who are required or allowed to provide services directly to pupils without the supervision of a certificated employee to obtain a fingerprint clearance card as a condition of employment. Even if the school district does not require a fingerprint clearance card as a condition of employment, noncertificated personnel and personnel who are not paid employees of the school district and who are not either the parent or the guardian of a pupil who attends school in the school district but who are required or allowed to provide services directly to pupils without the supervision of a certificated employee may apply for a fingerprint clearance card. A school district may release the results of a background check or communicate whether the person has been issued or denied a fingerprint clearance card to another school district for employment purposes. The employee's fingerprints and the form prescribed in subsection D of this section shall be submitted to the school district within twenty days after the date an employee begins work. A school district may terminate an employee if the information on the form provided under subsection D of this section is inconsistent with the information received from the fingerprint check or the information received in connection with a fingerprint clearance card application. The school district shall develop procedures for fingerprinting employees. For the purposes of this subsection, "supervision" means under the direction of and, except for brief periods of time during a school day or a school activity, within sight of a certificated employee when providing direct services to pupils.
B. Fingerprints submitted pursuant to this section shall be used to conduct a state and federal criminal records check pursuant to section 41‑1750 and Public Law 92‑544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation.
C. The school district shall assume the costs of fingerprint checks and fingerprint clearance cards and may charge these costs to its fingerprinted employee, except that the school district may not charge the costs of the fingerprint check or the fingerprint clearance card to personnel of the school district who are not paid employees. The fees charged for fingerprinting shall be deposited with the county treasurer who shall credit the deposit to the fingerprint fund of the school district. The costs charged to a fingerprinted employee are limited to and the proceeds in the fund may only be applied to the actual costs, including personnel costs, incurred as a result of the fingerprint checks or the fingerprint clearance cards. The fingerprint fund is a continuing fund that is not subject to reversion.
D. Personnel required to be fingerprinted or obtain a fingerprint clearance card as prescribed in subsection A of this section shall certify on forms that are provided by the school and notarized whether they are awaiting trial on or have ever been convicted of or admitted in open court or pursuant to a plea agreement committing any of the following criminal offenses in this state or similar offenses in another jurisdiction:
1. Sexual abuse of a minor.
2. Incest.
3. First or second degree murder.
4. Kidnapping.
5. Arson.
6. Sexual assault.
7. Sexual exploitation of a minor.
8. Felony offenses involving contributing to the delinquency of a minor.
9. Commercial sexual exploitation of a minor.
10. Felony offenses involving sale, distribution or transportation of, offer to sell, transport, or distribute or conspiracy to sell, transport or distribute marijuana or dangerous or narcotic drugs.
11. Felony offenses involving the possession or use of marijuana, dangerous drugs or narcotic drugs.
12. Misdemeanor offenses involving the possession or use of marijuana or dangerous drugs.
13. Burglary in the first degree.
14. Burglary in the second or third degree.
15. Aggravated or armed robbery.
16. Robbery.
17. A dangerous crime against children as defined in section 13‑705.
18. Child abuse.
19. Sexual conduct with a minor.
20. Molestation of a child.
21. Manslaughter.
22. Aggravated assault.
23. Assault.
24. Exploitation of minors involving drug offenses.
E. A school district may refuse to hire or may review or terminate personnel who have been convicted of or admitted committing any of the criminal offenses prescribed in subsection D of this section or of a similar offense in another jurisdiction. A school district that is considering terminating an employee pursuant to this subsection shall hold a hearing to determine whether a person already employed shall be terminated. In conducting a review, the governing board shall utilize the guidelines, including the list of offenses that are not subject to review, as prescribed by the state board of education pursuant to section 15‑534, subsection C. In considering whether to hire or terminate the employment of a person the governing board shall take into account the following factors:
1. The nature of the crime and the potential for crimes against children.
2. Offenses committed as a minor for which proceedings were held under the jurisdiction of a juvenile or an adult court.
3. Offenses that have been expunged by a court of competent jurisdiction, if the person has been pardoned or if the person's sentence has been commuted.
4. The employment record of the person since the commission of the crime if the crime was committed more than ten years before the governing board's consideration of whether to hire or terminate the person.
5. The reliability of the evidence of an admission of a crime unless made under oath in a court of competent jurisdiction.
F. Before employment with the school district, the district shall make documented, good faith efforts to contact previous employers of a person to obtain information and recommendations that may be relevant to a person's fitness for employment. A governing board shall adopt procedures for conducting background investigations required by this subsection, including one or more standard forms for use by school district officials to document their efforts to obtain information from previous employers. A school district may provide information received as a result of a background investigation required by this section to any other school district, to any other public school and to any public entity that agrees pursuant to a contract or intergovernmental agreement to perform background investigations for school districts or other public schools. School districts and other public schools may enter into intergovernmental agreements pursuant to section 11‑952 and cooperative purchasing agreements pursuant to rules adopted in accordance with section 15‑213 for the purposes of performing or contracting for the performance of background investigations and for sharing the results of background investigations required by this subsection. Information obtained about an employee or applicant for employment by any school district or other public school in the performance of a background investigation, INCLUDING ANY RECORDS INDICATING A CURRENT OR FORMER EMPLOYEE OF A SCHOOL OR SCHOOL DISTRICT WAS DISCIPLINED FOR VIOLATING POLICIES OF THE SCHOOL DISTRICT GOVERNING BOARD PURSUANT TO SECTION 15-153.01, may be retained by that school district or the other public school or by any public entity that agrees pursuant to contract to perform background investigations for school districts or other public schools and may be provided to any school district or other public school that is performing a background investigation required by this subsection.
G. A school district may fingerprint or require any other employee of the district to obtain a fingerprint clearance card, whether paid or not, or any other applicant for employment with the school district not otherwise required by this section to be fingerprinted or obtain a fingerprint clearance card on the condition that the school district may not charge the costs of the fingerprint check or fingerprint clearance card to the fingerprinted applicant or nonpaid employee.
H. A contractor, subcontractor or vendor or any employee of a contractor, subcontractor or vendor who is contracted to provide services on a regular basis at an individual school shall obtain a valid fingerprint clearance card pursuant to title 41, chapter 12, article 3.1. A school district governing board shall adopt policies to exempt a person from the requirements of this subsection if the person's normal job duties are not likely to result in independent access to or unsupervised contact with pupils. A school district, its governing board members, its school council members and its employees are exempt from civil liability for the consequences of adoption and implementation of policies and procedures pursuant to this subsection unless the school district, its governing board members, its school council members or its employees are guilty of gross negligence or intentional misconduct.
I. Subsection A of this section does not apply to a person who provides instruction or other education services to a pupil, with the written consent of the parent or guardian of the pupil, under a work release program, advance placement course or other education program that occurs off school property.
J. Public entities that agree pursuant to contract to perform background investigations, public schools, the department of education and previous employers who provide information pursuant to this section are immune from civil liability unless the information provided is false and is acted on by the school district to the harm of the employee and the public entity, the public school, the previous employer or the department of education knows the information is false or acts with reckless disregard of the information's truth or falsity. A school district that relies on information obtained pursuant to this section in making employment decisions is immune from civil liability for use of the information unless the information obtained is false and the school district knows the information is false or acts with reckless disregard of the information's truth or falsity.
K. The superintendent of a school district or chief administrator of a charter school or the person's designee who is responsible for implementing the governing board's policy regarding background investigations required by subsection F of this section and who fails to carry out that responsibility is guilty of unprofessional conduct and shall be subject to disciplinary action by the state board.
L. A school district may hire noncertificated personnel before receiving the results of the fingerprint check or a fingerprint clearance card but may terminate employment if the information on the form provided in subsection D of this section is inconsistent with the information received from the fingerprint check or the fingerprint clearance card. In addition to any other conditions or requirements deemed necessary by the superintendent of public instruction to protect the health and safety of pupils, noncertificated personnel who are required or allowed unsupervised contact with pupils may be hired by school districts before the results of a fingerprint check are received or a fingerprint clearance card is issued if all of the following conditions are met:
1. The school district that is seeking to hire the applicant shall document in the applicant's file the necessity for hiring and placement of the applicant before a fingerprint check could be completed or a fingerprint clearance card could be issued.
2. The school district that is seeking to hire the applicant shall do all of the following:
(a) Ensure that the department of public safety completes a statewide criminal history information check on the applicant. A statewide criminal history information check shall be completed by the department of public safety every one hundred twenty days until the date that the fingerprint check is completed or the fingerprint clearance card is issued or denied.
(b) Obtain references from the applicant's current employer and two most recent previous employers except for applicants who have been employed for at least five years by the applicant's most recent employer.
(c) Provide general supervision of the applicant until the date that the fingerprint check is completed or the fingerprint clearance card is issued or denied.
(d) Report to the superintendent of public instruction on June 30 and December 31 each year the number of applicants hired before the completion of a fingerprint check or the issuance of a fingerprint clearance card. In addition, the school district shall report the number of applicants for whom fingerprint checks were not received or fingerprint clearance cards were not issued after one hundred twenty days and after one hundred seventy‑five days of hire.
M. Notwithstanding any other law, this section does not apply to pupils who attend school in a school district and who are also employed by a school district.
N. A person who makes a false statement, representation or certification in any application for employment with the school district is guilty of a class 3 misdemeanor.
O. For the purposes of this section, "background investigation" means any communication with an employee's or applicant's former employer that concerns the education, training, experience, qualifications and job performance of the employee or applicant and that is used for the purpose of evaluating the employee or applicant for employment. Background investigation does not include the results of any state or federal criminal history records check.
Sec. 12. Section 36-519, Arizona Revised Statutes, is amended to read:
36-519. Discharge of voluntary patients
A. The medical director of the agency shall discharge any patient admitted voluntarily who has recovered or who is no longer benefiting from the evaluation, care or treatment available, except as provided in subsection B or D of this section.
B. Upon written request by a patient admitted pursuant to section 36‑518, subsection A or by the parent, guardian or custodian of a patient admitted pursuant to section 36‑518, subsection C, the patient shall be given a discharge within twenty‑four hours after the request, excluding weekends or holidays unless the medical director of the agency has proceeded pursuant to section 36‑531, subsections B and C and section 36‑533. The costs of such proceedings shall be a charge against the county of the patient's residence.
C. If the medical director of the agency finds that a patient admitted voluntarily is a person with has a grave disability and requires the service of a guardian or conservator or both for the protection of health and property, he shall proceed pursuant to section 36‑531, subsections B and C and section 36‑533 unless it is appropriate to discharge the patient to suitable alternative arrangements for care, treatment and protection.
D. Before discharging a patient, the medical director of the evaluation agency shall determine if the patient poses a significant danger of causing death or serious physical injury to self or others. If it is determined that 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 of the evaluation agency shall petition the court for a severe threat order of protection pursuant to title 12, chapter 10, article 5. In such cases, information regarding the diagnosis, the treatment and any actions observed during treatment may be substituted for an evaluation.
Sec. 13. Title 36, chapter 29, article 1, Arizona Revised Statutes, is amended by adding section 36-2907.14, to read:
36-2907.14. School-based mental and behavioral health training and services
Beginning july 1, 2018, If sufficient monies are appropriated for this purpose, the administration may make payments directly to schools or may require a contractor in each geographic service area to provide the following:
1. Evidence‑based mental health first aid training for teachers and administrators in public schools that provide instruction in any combination of kindergarten programs and grades one through twelve.
2. Behavioral health services to individual eligible students in public schools that provide instruction in any combination of kindergarten programs and grades one through twelve. The services may only be provided after receiving consent from a parent or legal guardian of the student.
Sec. 14. Section 41-1711, Arizona Revised Statutes, is amended to read:
41-1711. Department of public safety; purpose; location; qualifications of director; responsibilities; center for school safety
A. There shall be a department of public safety which that is responsible for creating and coordinating services for use by local law enforcement agencies in protecting the public safety. The principal office and headquarters of the department shall be in Phoenix.
B. The department shall formulate plans with a view to establishing modern services for the prevention of crime, the apprehension of violators, the training of law enforcement personnel, and the promotion of public safety. The department shall in no way not preempt the authority and jurisdiction of established agencies of political subdivisions of the this state.
C. The director shall be selected on the basis of training and experience with a minimum of five years' experience in the administration of law enforcement.
D. The director shall be appointed by the governor pursuant to section 38‑211 to serve concurrently with the appointing governor and shall be is subject to removal for cause, including but not limited to malfeasance, misfeasance and nonfeasance in office. The director shall receive annual compensation as determined pursuant to section 38‑611.
E. The director shall be is directly responsible to the governor for the conduct and the administration of the department. If the director is unable to act, the deputy director shall direct the activities of the department during the period in which the director is unable to act. If the director and deputy director are both unable to act, the governor shall direct the activities of the department during the period in which the director and deputy director are both unable to act.
F. The director shall prescribe procedures for use of department personnel, facilities, equipment, supplies and other resources in assisting search or rescue operations.
G. The director shall be is responsible for the establishment, operation and maintenance of the statewide emergency medical services communication system prescribed by section 41‑1835.
H. The director may purchase, lease, equip, staff and operate air ambulances, including ambulance helicopters, pursuant to section 41‑1834.
I. To limit the expenditures of monies derived from the state highway fund established pursuant to article IX, section 14, Constitution of Arizona, to traffic safety and traffic law enforcement purposes, the department of public safety shall:
1. Maintain a strict account of all costs incurred by each function of the department. Such costs shall be determined and allocated between traffic safety or traffic law enforcement functions and all other departmental functions and shall include such costs as wages or salaries, materials or supplies and equipment or facility use.
2. Immediately following the determination of all such costs, certify to the governor's office of strategic planning and budgeting the full amount of all such costs relating to the various functions within the department.
J. The governor's office of strategic planning and budgeting shall annually submit a separate report to the legislature compiled from the department's department of public safety's functional costs certification indicating the complete breakdown between those costs which that are related to traffic safety or traffic law enforcement functions and the various other functions within the department of public safety. The director of the department of administration shall include within the director's annual report to the legislature a recommendation for a separate appropriation to reimburse the state highway fund from the state general fund for any expenditures from the state highway fund during the prior fiscal year in excess of the total of all costs related to traffic safety or traffic law enforcement functions of the department of public safety.
K. The director shall establish a special hazardous materials emergency response organizational unit within the department to function as the initial response element of the hazardous materials emergency management program pursuant to section 49‑123.
L. The department is designated as this state's recipient of federal victims of crime act grants.
M. THE DIRECTOR SHALL ESTABLISH A CENTER FOR SCHOOL SAFETY IN THE ARIZONA COUNTER TERRORISM INFORMATION CENTER. The center for school safety shall:
1. 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 A SCHOOL-RELATED ACTIVITY. THE DIRECTOR SHALL ESTABLISH POLICIES AND PROCEDURES TO PROTECT THE IDENTITY OF ANY PERSON SUBMITTING INFORMATION OR A REPORT THAT IS BASED ON A GOOD FAITH BELIEF THAT THE INFORMATION IS TRUE and disseminating the information to school districts, schools and law enforcement agencies. INFORMATION THAT IS REPORTED PURSUANT TO THIS PARAGRAPH IS CONFIDENTIAL AND DOES NOT CONSTITUTE A PUBLIC RECORD. THE PROGRAM AND THE PERSONS IMPLEMENTING OR OPERATING THE PROGRAM MAY BE COMPELLED TO disclose information reported pursuant to this paragraph or PRODUCE related MATERIALS ONLY BEFORE A COURT and PURSUANT TO A COURT ORDER. ANY SUCH REVIEW SHALL BE LIMITED TO AN INSPECTION OF MATERIALS THAT ARE MATERIAL TO THE SPECIFIC CASE PENDING BEFORE THE COURT. THE ATTORNEY GENERAL ACTING ON BEHALF OF THE DEPARTMENT OF PUBLIC SAFETY has STANDING IN ANY ACTION TO OPPOSE THE DISCLOSURE OF information or MATERIALS that are IN THE CUSTODY OF THE CENTER FOR SCHOOL SAFETY AND THAT ARE CONFIDENTIAL PURSUANT TO THIS PARAGRAPH.
2. COORDINATe WITH THE DEPARTMENT OF EDUCATION, SCHOOL DISTRICTS, CHARTER SCHOOLS, county sheriffs AND LOCAL LAW ENFORCEMENT agencies TO ENSURE THE SAFETY OF SCHOOLS IN THis STATE and DEVELoP AND PROVIDe INFORMATION TO SCHOOL DISTRICTS AND CHARTER SCHOOLS ON BEST PRACTICES FOR SCHOOL SECURITY AND TRAINING ON SCHOOL SAFETY.
Sec. 15. Section 41-1715, Arizona Revised Statutes, is amended to read:
41-1715. Department of public safety reserve
The director may provide for a volunteer organization to be known as the department of public safety reserve, which organization shall consist consists of United States citizens who are residents of the this state of Arizona and who shall render auxiliary support, without compensation, to the department as the director may prescribe. This organization may consist of volunteers who are peace officers and volunteers who are not peace officers. Persons serving as sworn peace officers in this organization may be assigned to assist with the safety and security of school districts and charter schools throughout this state.
Sec. 16. Section 41-1750, Arizona Revised Statutes, is amended to read:
41-1750. Central state repository; department of public safety; duties; funds; accounts; definitions
A. The department is responsible for the effective operation of the central state repository in order to collect, store and disseminate complete and accurate Arizona criminal history records and related criminal justice information. The department shall:
1. Procure from all criminal justice agencies in this state accurate and complete personal identification data, fingerprints, charges, process control numbers and dispositions and such other information as may be pertinent to all persons who have been charged with, arrested for, convicted of or summoned to court as a criminal defendant for a felony offense or an offense involving domestic violence as defined in section 13‑3601 or a violation of title 13, chapter 14 or title 28, chapter 4.
2. Collect information concerning the number and nature of offenses known to have been committed in this state and of the legal steps taken in connection with these offenses, such other information that is useful in the study of crime and in the administration of criminal justice and all other information deemed necessary to operate the statewide uniform crime reporting program and to cooperate with the federal government uniform crime reporting program.
3. Collect information concerning criminal offenses that manifest evidence of prejudice based on race, color, religion, national origin, sexual orientation, gender or disability.
4. Cooperate with the central state repositories in other states and with the appropriate agency of the federal government in the exchange of information pertinent to violators of the law.
5. Ensure the rapid exchange of information concerning the commission of crime and the detection of violators of the law among the criminal justice agencies of other states and of the federal government.
6. Furnish assistance to peace officers throughout this state in crime scene investigation for the detection of latent fingerprints and in the comparison of latent fingerprints.
7. Conduct periodic operational audits of the central state repository and of a representative sample of other agencies that contribute records to or receive criminal justice information from the central state repository or through the Arizona criminal justice information system.
8. Establish and enforce the necessary physical and system safeguards to ensure that the criminal justice information maintained and disseminated by the central state repository or through the Arizona criminal justice information system is appropriately protected from unauthorized inquiry, modification, destruction or dissemination as required by this section.
9. Aid and encourage coordination and cooperation among criminal justice agencies through the statewide and interstate exchange of criminal justice information.
10. Provide training and proficiency testing on the use of criminal justice information to agencies receiving information from the central state repository or through the Arizona criminal justice information system.
11. Operate and maintain the Arizona automated fingerprint identification system established by section 41‑2411.
12. Provide criminal history record information to the fingerprinting division for the purpose of screening applicants for fingerprint clearance cards.
B. The director may establish guidelines for the submission and retention of criminal justice information as deemed useful for the study or prevention of crime and for the administration of criminal justice.
C. The chief officers of criminal justice agencies of this state or its political subdivisions shall provide to the central state repository fingerprints and information concerning personal identification data, descriptions, crimes for which persons are arrested, process control numbers and dispositions and such other information as may be pertinent to all persons who have been charged with, arrested for, convicted of or summoned to court as criminal defendants for felony offenses or offenses involving domestic violence as defined in section 13‑3601 or violations of title 13, chapter 14 or title 28, chapter 4 that have occurred in this state.
D. The chief officers of law enforcement agencies of this state or its political subdivisions shall provide to the department such information as necessary to operate the statewide uniform crime reporting program and to cooperate with the federal government uniform crime reporting program.
E. The chief officers of criminal justice agencies of this state or its political subdivisions shall comply with the training and proficiency testing guidelines as required by the department to comply with the federal national crime information center mandates.
F. The chief officers of criminal justice agencies of this state or its political subdivisions also shall provide to the department information concerning crimes that manifest evidence of prejudice based on race, color, religion, national origin, sexual orientation, gender or disability.
G. The director shall authorize the exchange of criminal justice information between the central state repository, or through the Arizona criminal justice information system, whether directly or through any intermediary, only as follows:
1. With criminal justice agencies of the federal government, Indian tribes, this state or its political subdivisions and other states, on request by the chief officers of such agencies or their designated representatives, specifically for the purposes of the administration of criminal justice and for evaluating the fitness of current and prospective criminal justice employees.
2. With any noncriminal justice agency pursuant to a statute, ordinance or executive order that specifically authorizes the noncriminal justice agency to receive criminal history record information for the purpose of evaluating the fitness of current or prospective licensees, employees, contract employees or volunteers, on submission of the subject's fingerprints and the prescribed fee. Each statute, ordinance, or executive order that authorizes noncriminal justice agencies to receive criminal history record information for these purposes shall identify the specific categories of licensees, employees, contract employees or volunteers, and shall require that fingerprints of the specified individuals be submitted in conjunction with such requests for criminal history record information.
3. With the board of fingerprinting for the purpose of conducting good cause exceptions pursuant to section 41‑619.55 and central registry exceptions pursuant to section 41‑619.57.
4. With any individual for any lawful purpose on submission of the subject of record's fingerprints and the prescribed fee.
5. With the governor, if the governor elects to become actively involved in the investigation of criminal activity or the administration of criminal justice in accordance with the governor's constitutional duty to ensure that the laws are faithfully executed or as needed to carry out the other responsibilities of the governor's office.
6. With regional computer centers that maintain authorized computer‑to‑computer interfaces with the department, that are criminal justice agencies or under the management control of a criminal justice agency and that are established by a statute, ordinance or executive order to provide automated data processing services to criminal justice agencies specifically for the purposes of the administration of criminal justice or evaluating the fitness of regional computer center employees who have access to the Arizona criminal justice information system and the national crime information center system.
7. With an individual who asserts a belief that criminal history record information relating to the individual is maintained by an agency or in an information system in this state that is subject to this section. On submission of fingerprints, the individual may review this information for the purpose of determining its accuracy and completeness by making application to the agency operating the system. Rules adopted under this section shall include provisions for administrative review and necessary correction of any inaccurate or incomplete information. The review and challenge process authorized by this paragraph is limited to criminal history record information.
8. With individuals and agencies pursuant to a specific agreement with a criminal justice agency to provide services required for the administration of criminal justice pursuant to that agreement if the agreement specifically authorizes access to data, limits the use of data to purposes for which given and ensures the security and confidentiality of the data consistent with this section.
9. With individuals and agencies for the express purpose of research, evaluative or statistical activities pursuant to an agreement with a criminal justice agency if the agreement specifically authorizes access to data, limits the use of data to research, evaluative or statistical purposes and ensures the confidentiality and security of the data consistent with this section.
10. With the auditor general for audit purposes.
11. With central state repositories of other states for noncriminal justice purposes for dissemination in accordance with the laws of those states.
12. On submission of the fingerprint card, with the department of child safety and a tribal social services agency to provide criminal history record information on prospective adoptive parents for the purpose of conducting the preadoption certification investigation under title 8, chapter 1, article 1 if the department of economic security is conducting the investigation, or with an agency or a person appointed by the court, if the agency or person is conducting the investigation. Information received under this paragraph shall only be used for the purposes of the preadoption certification investigation.
13. With the department of child safety, a tribal social services agency and the superior court for the purpose of evaluating the fitness of custodians or prospective custodians of juveniles, including parents, relatives and prospective guardians. Information received under this paragraph shall only be used for the purposes of that evaluation. The information shall be provided on submission of either:
(a) The fingerprint card.
(b) The name, date of birth and social security number of the person.
14. On submission of a fingerprint card, provide criminal history record information to the superior court for the purpose of evaluating the fitness of investigators appointed under section 14‑5303 or 14‑5407, guardians appointed under section 14‑5206 or 14‑5304 or conservators appointed under section 14‑5401.
15. With the supreme court to provide criminal history record information on prospective fiduciaries pursuant to section 14‑5651.
16. With the department of juvenile corrections to provide criminal history record information pursuant to section 41‑2814.
17. On submission of the fingerprint card, provide criminal history record information to the Arizona peace officer standards and training board or a board certified law enforcement academy to evaluate the fitness of prospective cadets.
18. With the internet sex offender website database established pursuant to section 13‑3827.
19. With licensees of the United States nuclear regulatory commission for the purpose of determining whether an individual should be granted unescorted access to the protected area of a commercial nuclear generating station on submission of the subject of record's fingerprints and the prescribed fee.
20. With the department of education for the purpose of evaluating the fitness of a certificated teacher or administrator or an applicant for a teaching or an administrative certificate provided that the department of education or its employees or agents have reasonable suspicion that the certificated person engaged in conduct that would be a criminal violation of the laws of this state or was involved in immoral or unprofessional conduct or that the applicant engaged in conduct that would warrant disciplinary action if the applicant were certificated at the time of the alleged conduct. The information shall be provided on the submission of either:
(a) The fingerprint card.
(b) The name, date of birth and social security number of the person.
21. With each school district and charter school in this state. The state board of education and the state board for charter schools shall provide the department of public safety with a current list of e‑mail addresses for each school district and charter school in this state and shall periodically provide the department of public safety with updated e‑mail addresses. If the department of public safety is notified that a person who is required to have a fingerprint clearance card to be employed by or to engage in volunteer activities at a school district or charter school has been arrested for or convicted of an offense listed in section 41‑1758.03, subsection B or has been arrested for or convicted of an offense that amounts to unprofessional conduct under section 15‑550, the department of public safety shall notify each school district and charter school in this state that the person's fingerprint clearance card has been suspended or revoked.
22. With a tribal social services agency and the department of child safety as provided by law, which currently is the Adam Walsh child protection and safety act of 2006 (42 United States Code section 16961), for the purposes of investigating or responding to reports of child abuse, neglect or exploitation. Information received pursuant to this paragraph from the national crime information center, the interstate identification index and the Arizona criminal justice information system network shall only be used for the purposes of investigating or responding as prescribed in this paragraph. The information shall be provided on submission to the department of public safety of either:
(a) The fingerprints of the person being investigated.
(b) The name, date of birth and social security number of the person.
23. With a nonprofit organization that interacts with children or vulnerable adults for the lawful purpose of evaluating the fitness of all current and prospective employees, contractors and volunteers of the organization. The criminal history record information shall be provided on submission of the applicant fingerprint card and the prescribed fee.
24. With the superior court for the purpose of determining an individual's eligibility for substance abuse and treatment courts in a family or juvenile case.
25. With the governor to provide criminal history record information on prospective gubernatorial nominees, appointees and employees as provided by law.
H. The director shall adopt rules necessary to execute this section.
I. The director, in the manner prescribed by law, shall remove and destroy records that the director determines are no longer of value in the detection or prevention of crime.
J. The director shall establish a fee in an amount necessary to cover the cost of federal noncriminal justice fingerprint processing for criminal history record information checks that are authorized by law for noncriminal justice employment, licensing or other lawful purposes. An additional fee may be charged by the department for state noncriminal justice fingerprint processing. Fees submitted to the department for state noncriminal justice fingerprint processing are not refundable.
K. The director shall establish a fee in an amount necessary to cover the cost of processing copies of department reports, eight by ten inch black and white photographs or eight by ten inch color photographs of traffic accident scenes.
L. Except as provided in subsection O of this section, each agency authorized by this section may charge a fee, in addition to any other fees prescribed by law, in an amount necessary to cover the cost of state and federal noncriminal justice fingerprint processing for criminal history record information checks that are authorized by law for noncriminal justice employment, licensing or other lawful purposes.
M. A fingerprint account within the records processing fund is established for the purpose of separately accounting for the collection and payment of fees for noncriminal justice fingerprint processing by the department. Monies collected for this purpose shall be credited to the account, and payments by the department to the United States for federal noncriminal justice fingerprint processing shall be charged against the account. Monies in the account not required for payment to the United States shall be used by the department in support of the department's noncriminal justice fingerprint processing duties. At the end of each fiscal year, any balance in the account not required for payment to the United States or to support the department's noncriminal justice fingerprint processing duties reverts to the state general fund.
N. A records processing fund is established for the purpose of separately accounting for the collection and payment of fees for department reports and photographs of traffic accident scenes processed by the department. Monies collected for this purpose shall be credited to the fund and shall be used by the department in support of functions related to providing copies of department reports and photographs. At the end of each fiscal year, any balance in the fund not required for support of the functions related to providing copies of department reports and photographs reverts to the state general fund.
O. The department of child safety may pay from appropriated monies the cost of federal fingerprint processing or federal criminal history record information checks that are authorized by law for employees and volunteers of the department, guardians pursuant to section 8‑453, subsection A, paragraph 6, the licensing of foster parents or the certification of adoptive parents.
P. The director shall adopt rules that provide for:
1. The collection and disposition of fees pursuant to this section.
2. The refusal of service to those agencies that are delinquent in paying these fees.
Q. The director shall ensure that the following limitations are observed regarding dissemination of criminal justice information obtained from the central state repository or through the Arizona criminal justice information system:
1. Any criminal justice agency that obtains criminal justice information from the central state repository or through the Arizona criminal justice information system assumes responsibility for the security of the information and shall not secondarily disseminate this information to any individual or agency not authorized to receive this information directly from the central state repository or originating agency.
2. Dissemination to an authorized agency or individual may be accomplished by a criminal justice agency only if the dissemination is for criminal justice purposes in connection with the prescribed duties of the agency and not in violation of this section.
3. Criminal history record information disseminated to noncriminal justice agencies or to individuals shall be used only for the purposes for which it was given. Secondary dissemination is prohibited unless otherwise authorized by law.
4. The existence or nonexistence of criminal history record information shall not be confirmed to any individual or agency not authorized to receive the information itself.
5. Criminal history record information to be released for noncriminal justice purposes to agencies of other states shall only be released to the central state repositories of those states for dissemination in accordance with the laws of those states.
6. Criminal history record information shall be released to noncriminal justice agencies of the federal government pursuant to the terms of the federal security clearance information act (P.L. 99‑169).
R. This section and the rules adopted under this section apply to all agencies and individuals collecting, storing or disseminating criminal justice information processed by manual or automated operations if the collection, storage or dissemination is funded in whole or in part with monies made available by the law enforcement assistance administration after July 1, 1973, pursuant to title I of the crime control act of 1973, and to all agencies that interact with or receive criminal justice information from or through the central state repository and through the Arizona criminal justice information system.
S. This section does not apply to criminal history record information contained in:
1. Posters, arrest warrants, announcements or lists for identifying or apprehending fugitives or wanted persons.
2. Original records of entry such as police blotters maintained by criminal justice agencies, compiled chronologically and required by law or long‑standing custom to be made public if these records are organized on a chronological basis.
3. Transcripts or records of judicial proceedings if released by a court or legislative or administrative proceedings.
4. Announcements of executive clemency or pardon.
5. Computer databases, other than the Arizona criminal justice information system, that are specifically designed for community notification of an offender's presence in the community pursuant to section 13‑3825 or for public informational purposes authorized by section 13‑3827.
T. Nothing in this section prevents a criminal justice agency from disclosing to the public criminal history record information that is reasonably contemporaneous to the event for which an individual is currently within the criminal justice system, including information noted on traffic accident reports concerning citations, blood alcohol tests or arrests made in connection with the traffic accident being investigated.
U. In order to ensure that complete and accurate criminal history record information is maintained and disseminated by the central state repository:
1. The booking agency shall take legible ten‑print fingerprints of all persons who are arrested for offenses listed in subsection C of this section. The booking agency shall obtain a process control number and provide to the person fingerprinted a document that indicates proof of the fingerprinting and that informs the person that the document must be presented to the court.
2. Except as provided in paragraph 3 of this subsection, if a person is summoned to court as a result of an indictment or complaint for an offense listed in subsection C of this section, the court shall order the person to appear before the county sheriff and provide legible ten‑print fingerprints. The county sheriff shall obtain a process control number and provide a document to the person fingerprinted that indicates proof of the fingerprinting and that informs the person that the document must be presented to the court. For the purposes of this paragraph, "summoned" includes a written promise to appear by the defendant on a uniform traffic ticket and complaint.
3. If a person is arrested for a misdemeanor offense listed in subsection C of this section by a city or town law enforcement agency, the person shall appear before the law enforcement agency that arrested the defendant and provide legible ten‑print fingerprints. The law enforcement agency shall obtain a process control number and provide a document to the person fingerprinted that indicates proof of the fingerprinting and that informs the person that the document must be presented to the court.
4. The mandatory fingerprint compliance form shall contain the following information:
(a) Whether ten-print fingerprints have been obtained from the person.
(b) Whether a process control number was obtained.
(c) The offense or offenses for which the process control number was obtained.
(d) Any report number of the arresting authority.
(e) Instructions on reporting for ten-print fingerprinting, including available times and locations for reporting for ten‑print fingerprinting.
(f) Instructions that direct the person to provide the form to the court at the person's next court appearance.
5. Within ten days after a person is fingerprinted, the arresting authority or agency that took the fingerprints shall forward the fingerprints to the department in the manner or form required by the department.
6. On the issuance of a summons for a defendant who is charged with an offense listed in subsection C of this section, the summons shall direct the defendant to provide ten‑print fingerprints to the appropriate law enforcement agency.
7. At the initial appearance or on the arraignment of a summoned defendant who is charged with an offense listed in subsection C of this section, if the person does not present a completed mandatory fingerprint compliance form to the court or if the court has not received the process control number, the court shall order that within twenty calendar days the defendant be ten-print fingerprinted at a designated time and place by the appropriate law enforcement agency.
8. If the defendant fails to present a completed mandatory fingerprint compliance form or if the court has not received the process control number, the court, on its own motion, may remand the defendant into custody for ten‑print fingerprinting. If otherwise eligible for release, the defendant shall be released from custody after being ten‑print fingerprinted.
9. In every criminal case in which the defendant is incarcerated or fingerprinted as a result of the charge, an originating law enforcement agency or prosecutor, within forty days of the disposition, shall advise the central state repository of all dispositions concerning the termination of criminal proceedings against an individual arrested for an offense specified in subsection C of this section. This information shall be submitted on a form or in a manner required by the department. If the originating law enforcement agency, prosecutor or court has a data exchange system that allows the electronic transfer and submission of criminal history record information to the Arizona computerized criminal history repository, the law enforcement agency, prosecutor or court shall electronically submit disposition information to the repository within twenty‑four hours after verifying the accuracy of the information.
10. Dispositions resulting from formal proceedings in a court having jurisdiction in a criminal action against an individual who is arrested for an offense specified in subsection C of this section or section 8‑341, subsection V, paragraph 3 shall be reported to the central state repository within forty days of the date of the disposition. This information shall be submitted on a form or in a manner specified by rules approved by the supreme court.
11. The state department of corrections or the department of juvenile corrections, within forty days, shall advise the central state repository that it has assumed supervision of a person convicted of an offense specified in subsection C of this section or section 8‑341, subsection V, paragraph 3. The state department of corrections or the department of juvenile corrections shall also report dispositions that occur thereafter to the central state repository within forty days of the date of the dispositions. This information shall be submitted on a form or in a manner required by the department of public safety.
12. Each criminal justice agency shall query the central state repository before dissemination of any criminal history record information to ensure the completeness of the information. Inquiries shall be made before any dissemination except in those cases in which time is of the essence and the repository is technically incapable of responding within the necessary time period. If time is of the essence, the inquiry shall still be made and the response shall be provided as soon as possible.
V. The director shall adopt rules specifying that any agency that collects, stores or disseminates criminal justice information that is subject to this section shall establish effective security measures to protect the information from unauthorized access, disclosure, modification or dissemination. The rules shall include reasonable safeguards to protect the affected information systems from fire, flood, wind, theft, sabotage or other natural or man‑made hazards or disasters.
W. The department shall make available to agencies that contribute to, or receive criminal justice information from, the central state repository or through the Arizona criminal justice information system a continuing training program in the proper methods for collecting, storing and disseminating information in compliance with this section.
X. Nothing in this section creates a cause of action or a right to bring an action including an action based on discrimination due to sexual orientation.
Y. For the purposes of this section:
1. "Administration of criminal justice" means performance of the detection, apprehension, detention, pretrial release, posttrial release, prosecution, adjudication, correctional supervision or rehabilitation of criminal offenders. Administration of criminal justice includes enforcement of criminal traffic offenses and civil traffic violations, including parking violations, when performed by a criminal justice agency. Administration of criminal justice also includes criminal identification activities and the collection, storage and dissemination of criminal history record information.
2. "Administrative records" means records that contain adequate and proper documentation of the organization, functions, policies, decisions, procedures and essential transactions of the agency and that are designed to furnish information to protect the rights of this state and of persons directly affected by the agency's activities.
3. "Arizona criminal justice information system" or "system" means the statewide information system managed by the director for the collection, processing, preservation, dissemination and exchange of criminal justice information and includes the electronic equipment, facilities, procedures and agreements necessary to exchange this information.
4. "Booking agency" means the county sheriff or, if a person is booked into a municipal jail, the municipal law enforcement agency.
5. "Central state repository" means the central location within the department for the collection, storage and dissemination of Arizona criminal history records and related criminal justice information.
6. "Criminal history record information" and "criminal history record" means information that is collected by criminal justice agencies on individuals and that consists of identifiable descriptions and notations of arrests, detentions, indictments and other formal criminal charges, and any disposition arising from those actions, sentencing, formal correctional supervisory action and release. Criminal history record information and criminal history record do not include identification information to the extent that the information does not indicate involvement of the individual in the criminal justice system or information relating to juveniles unless they have been adjudicated as adults.
7. "Criminal justice agency" means either:
(a) A court at any governmental level with criminal or equivalent jurisdiction, including courts of any foreign sovereignty duly recognized by the federal government.
(b) A government agency or subunit of a government agency that is specifically authorized to perform as its principal function the administration of criminal justice pursuant to a statute, ordinance or executive order and that allocates more than fifty percent of its annual budget to the administration of criminal justice. This subdivision includes agencies of any foreign sovereignty duly recognized by the federal government.
8. "Criminal justice information" means information that is collected by criminal justice agencies and that is needed for the performance of their legally authorized and required functions, such as criminal history record information, citation information, stolen property information, traffic accident reports, wanted persons information and system network log searches. Criminal justice information does not include the administrative records of a criminal justice agency.
9. "Disposition" means information disclosing that a decision has been made not to bring criminal charges or that criminal proceedings have been concluded or information relating to sentencing, correctional supervision, release from correctional supervision, the outcome of an appellate review of criminal proceedings or executive clemency.
10. "Dissemination" means the written, oral or electronic communication or transfer of criminal justice information to individuals and agencies other than the criminal justice agency that maintains the information. Dissemination includes the act of confirming the existence or nonexistence of criminal justice information.
11. "Management control":
(a) Means the authority to set and enforce:
(i) Priorities regarding development and operation of criminal justice information systems and programs.
(ii) Standards for the selection, supervision and termination of personnel involved in the development of criminal justice information systems and programs and in the collection, maintenance, analysis and dissemination of criminal justice information.
(iii) Policies governing the operation of computers, circuits and telecommunications terminals used to process criminal justice information to the extent that the equipment is used to process, store or transmit criminal justice information.
(b) Includes the supervision of equipment, systems design, programming and operating procedures necessary for the development and implementation of automated criminal justice information systems.
12. "Process control number" means the Arizona automated fingerprint identification system number that attaches to each arrest event at the time of fingerprinting and that is assigned to the arrest fingerprint card, disposition form and other pertinent documents.
13. "Secondary dissemination" means the dissemination of criminal justice information from an individual or agency that originally obtained the information from the central state repository or through the Arizona criminal justice information system to another individual or agency.
14. "Sexual orientation" means consensual homosexuality or heterosexuality.
15. "Subject of record" means the person who is the primary subject of a criminal justice record.
Sec. 17. Section 41-1822, Arizona Revised Statutes, is amended to read:
41-1822. Powers and duties of board; definition
A. With respect to peace officer training and certification, the board shall:
1. Establish rules for the government and conduct of the board, including meeting times and places and matters to be placed on the agenda of each meeting.
2. Make recommendations, consistent with this article, to the governor, the speaker of the house of representatives and the president of the senate on all matters relating to law enforcement and public safety.
3. Prescribe reasonable minimum qualifications for officers to be appointed to enforce the laws of this state and the political subdivisions of this state and certify officers in compliance with these qualifications. Notwithstanding any other law, the qualifications shall require United States citizenship, shall relate to physical, mental and moral fitness and shall govern the recruitment, appointment and retention of all agents, peace officers and police officers of every political subdivision of this state. The board shall constantly review the qualifications established by pursuant to this section subsection and may amend the qualifications at any time, subject to the requirements of section 41‑1823.
4. Prescribe minimum courses of training and minimum standards for training facilities for law enforcement officers. Only this state and political subdivisions of this state may conduct basic peace officer training. Basic peace officer academies may admit individuals who are not peace officer cadets only if a cadet meets the minimum qualifications established by pursuant to paragraph 3 of this subsection. Training shall include:
(a) Courses in responding to and reporting all criminal offenses that are motivated by race, color, religion, national origin, sexual orientation, gender or disability.
(b) Training certified by the director of the department of health services with assistance from a representative of the board on the nature of unexplained infant death and the handling of cases involving the unexplained death of an infant.
(c) Medical information on unexplained infant death for first responders, including awareness and sensitivity in dealing with families and child care providers, and the importance of forensically competent death scene investigations.
(d) Information on the protocol of investigation in cases of an unexplained infant death, including the importance of a consistent policy of thorough death scene investigation.
(e) The use of the infant death investigation checklist pursuant to section 36‑3506.
(f) If an unexplained infant death occurs, the value of timely communication between the medical examiner's office, the department of health services and appropriate social service agencies that address the issue of infant death and bereavement, to achieve a better understanding of these deaths and to connect families to various community and public health support systems to enhance recovery from grief.
5. Recommend curricula for advanced courses and seminars in law enforcement and intelligence training in universities, colleges and community colleges, in conjunction with the governing body of the educational institution.
6. Make inquiries to determine whether this state or political subdivisions of this state are adhering to the standards for recruitment, appointment, retention and training established pursuant to this article. The failure of this state or any political subdivision to adhere to the standards shall be reported at the next regularly scheduled meeting of the board for action deemed appropriate by that body.
7. PRESCRIBE TRAINING FOR ALL LAW ENFORCEMENT OFFICERS AND JUVENILE PROBATION OFFICERS WHO PARTICIPATE IN A SCHOOL RESOURCE OFFICER PROGRAM. At a minimum, tHE TRAINING SHALL INCLUDE INFORMATION ON SCHOOL SAFETY AND EMERGENCY response PLANS, THREAT RESPONSEs AND SCHOOL LAWs. THE TRAINING SHALL INCLUDE VIRTUAL OR SIMULATED ACTIVE SHOOTER TRAINING that is specific to school scenarios.
7. 8. Employ an executive director and other staff as are necessary to fulfill the powers and duties of the board in accordance with the requirements of the law enforcement merit system council.
B. With respect to state department of corrections correctional officers, the board shall:
1. Approve a basic training curriculum of at least two hundred forty hours.
2. Establish uniform minimum standards. These standards shall include high school graduation or the equivalent and a physical examination as prescribed by the director of the state department of corrections.
3. Establish uniform standards for background investigations, including criminal histories under section 41‑1750, of all applicants before enrolling in the academy. The board may adopt special procedures for extended screening and investigations in extraordinary cases to ensure suitability and adaptability to a career as a correctional officer.
4. Issue a certificate of completion to any state department of corrections correctional officer who satisfactorily complies with the minimum standards and completes the basic training program. The board may issue a certificate of completion to a state department of corrections correctional officer who has received comparable training in another state if the board determines that the training was at least equivalent to that provided by the academy and if the person complies with the minimum standards.
5. Establish continuing training requirements and approve curricula.
C. With respect to peace officer misconduct, the board may:
1. Receive complaints of peace officer misconduct from any person, request law enforcement agencies to conduct investigations and conduct independent investigations into whether an officer is in compliance with the qualifications established pursuant to subsection A, paragraph 3 of this section.
2. Receive a complaint of peace officer misconduct from the president or chief executive officer of a board recognized board‑recognized law enforcement association that represents the interests of certified law enforcement officers if the association believes that a law enforcement agency refused to investigate or made findings that are contradictory to prima facie evidence of a violation of the qualifications established pursuant to subsection A, paragraph 3 of this section. If the board finds that the law enforcement agency refused to investigate or made findings that contradicted prima facie evidence of a violation of the qualifications established pursuant to subsection A, paragraph 3 of this section, the board shall conduct an independent investigation to determine whether the officer is in compliance with the qualifications established pursuant to subsection A, paragraph 3 of this section and provide a letter of the findings based on the investigation conducted by the board to the president or chief executive officer of the board recognized board‑recognized law enforcement association who made the complaint.
D. The board may:
1. Deny, suspend, revoke or cancel the certification of an officer who is not in compliance with the qualifications established pursuant to subsection A, paragraph 3 of this section.
2. Provide training and related services to assist state, tribal and local law enforcement agencies to better serve the public.
3. Enter into contracts to carry out its powers and duties.
E. This section does not create a cause of action or a right to bring an action, including an action based on discrimination due to sexual orientation.
F. For the purposes of this section, "sexual orientation" means consensual homosexuality or heterosexuality.
Sec. 18. Appropriation; department of public safety; virtual training equipment
The sum of $392,000 is appropriated from the state general fund in fiscal year 2018‑2019 to the department of public safety to purchase virtual training equipment to provide training to school resource officers. The virtual training equipment shall be compatible with virtual training equipment that is already in use.
Sec. 19. Appropriation; department of education; school resource officers
The sum of $11,000,000 is appropriated from the state general fund in fiscal year 2018-2019 to the department of education to add more school resource officers to the school safety program established by section 15‑154, Arizona Revised Statutes, as amended by this act.
Sec. 20. Appropriation; Arizona health care cost containment system; mental health first aid training and behavioral health services in schools
A. The sum of $450,000 is appropriated from the state general fund in fiscal year 2018-2019 to the Arizona health care cost containment system for mental health first aid training in schools pursuant to section 36‑2907.14, paragraph 1, Arizona Revised Statutes, as added by this act.
B. The sum of $3,000,000 is appropriated from the state general fund in fiscal year 2018‑2019 to the Arizona health care cost containment system for behavioral health services in schools pursuant to section 36‑2907.14, paragraph 2, Arizona Revised Statutes, as added by this act.
Sec. 21. Appropriation; department of public safety; expansion of tips and leads portal; exemption
A. The sum of $125,000 is appropriated from the state general fund in fiscal year 2018-2019 to the department of public safety to expand the current tips and leads portal to include a campus‑specific portal for schools in this state that will allow for secure and anonymous reporting of information to school administrators, law enforcement agencies and behavioral health professionals.
B. The appropriation made in subsection A of this section is exempt from the provisions of section 35‑190, Arizona Revised Statutes, relating to lapsing of appropriations, until June 30, 2020.
Sec. 22. Appropriation; department of public safety; center for school safety
The sum of $597,800 is appropriated from the state general fund in fiscal year 2018-2019 to the department of public safety to establish, staff and manage the center for school safety established pursuant to section 41‑1711, subsection M, Arizona Revised Statutes, as added by this act.
Sec. 23. Appropriations; Arizona criminal justice commission; upgrades to the Arizona computerized criminal history repository; exemption
A. Notwithstanding section 41‑1758.06, Arizona Revised Statutes, the sum of $600,000 is appropriated from the fingerprint clearance card fund, established by section 41‑1758.06, Arizona Revised Statutes, in each of fiscal years 2018-2019, 2019‑2020 and 2020‑2021 to the Arizona criminal justice commission for the purpose of coordinating with the department of public safety, law enforcement agencies, county attorneys and courts 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 within twenty‑four hours. Priority shall be given to entities based on deficiencies in dispositions and volume of cases.
B. The appropriation made in subsection A of this section is exempt from the provisions of section 35‑190, Arizona Revised Statutes, relating to lapsing of appropriations.
Sec. 24. Emergency
This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law."
Amend title to conform