ARIZONA
HOUSE OF REPRESENTATIVES
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SB 1250: protective orders; sexual assault |
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PRIME SPONSOR: Senator Steele, LD 9 BILL STATUS: Transmitted to Governor |
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Permits a victim to obtain an injunction
against harassment for an act of sexual violence.
History
Harassment is a series of acts that:
1. Would cause a reasonable person to be seriously alarmed, annoyed, or harassed;
2. Seriously alarm, annoy, or harass the victim; and
3. Serve no legitimate purpose (A.R.S. § 12-1809(S)).
An injunction against harassment allows the court to prohibit a defendant from:
1. Continuing to harass the victim;
2. Contacting the victim; or
3. Coming near the victim's residence, work, or school (A.R.S. § 12-1809(F)).
An injunction is effective for one year after the date it is served to the defendant (A.R.S. § 12-1809(L)).
A victim may ask the court for an injunction if the victim has proof that the defendant harassed the victim within the last year (A.R.S. § 12-1809(E)). The victim must notify the defendant of the request, in order to allow the defendant to oppose the request, or prove to the judge that the victim would be harmed by notifying the defendant. To issue the injunction, the judge must find reasonable evidence of harassment.
The court cannot charge process service fees if the victim and the defendant have a dating relationship (A.R.S. § 12-1809(D)).
Sexual violence encompasses a number of offenses such as: indecent exposure, public sexual indecency, sexual abuse and assault, child molestation, voyeurism, and sex trafficking (A.R.S. § 23-371).
Provisions
1. Permits a victim to obtain an injunction against harassment for an act of sexual violence (Sec. 1).
2. Prohibits the court from charging process service fees if the victim filed the petition for an act of sexual violence (Sec. 1).
3. Clarifies that harassment is either the statutory definition of harassment or one or more acts of sexual violence (Sec. 1).
4. Contains an effective date of January 1, 2020 (Sec. 2).
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Fifty-fourth Legislature SB 1250
First Regular Session Version 4: Transmitted
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