ARIZONA STATE SENATE
RESEARCH STAFF
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RACHEL CALDWELL |
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LEGISLATIVE RESEARCH INTERN |
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JAKE AGRON |
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LEGISLATIVE RESEARCH ANALYST JUDICIARY COMMITTEE Telephone: (602) 926-3171 |
TO: MEMBERS OF THE SENATE
JUDICIARY COMMITTEE
DATE: February 19, 2019
SUBJECT: Strike everything amendment to S.B. 1250, relating to protective orders; sexual assault
Purpose
Allows a person to file a petition for an injunction against harassment by alleging an act of sexual violence.
Background
A person may file a verified petition with a magistrate, justice of the peace or superior court judge for an injunction prohibiting harassment. If the court finds reasonable evidence of harassment of the plaintiff by the defendant during the year preceding the filing of the petition or that good cause exists to believe that great or irreparable harm would result to the plaintiff if the injunction is not granted before the defendant or the defendant's attorney can be heard in opposition and the court finds specific facts attesting to the plaintiff's efforts to give notice to the defendant or reasons supporting the plaintiff's claim that notice should not be given, the court must issue the injunction. If the court denies the requested relief, it may schedule a further hearing within 10 days with reasonable notice to the defendant (A.R.S. § 12-1809).
Statute states that harassment means a series of acts over any period of time that is directed at a specific person and that would cause a reasonable person to be seriously alarmed, annoyed or harassed and the conduct in fact seriously alarms, annoys or harasses the person and serves no legitimate purpose (A.R.S. § 12-1809).
Statute states
that if the court issues an injunction against harassment, the court
may:
1) enjoin the defendant from committing a violation of one or more acts of
harassment; 2) restrain the defendant from contacting the plaintiff or other
specifically designated persons and from coming near the residence, place of
employment or school of the plaintiff or other specifically designated
locations or persons; or 3) grant relief necessary for the protection of the
alleged victim and other specifically designated persons proper under the
circumstances (A.R.S.
§ 12-1809).
Sexual
violence includes indecent exposure, public sexual indecency, sexual abuse,
sexual conduct with a minor, sexual assault, coercive sexual conduct between an
Adult Probation Department employee, Arizona Department of Corrections employee
or juvenile court employee and the victim, molestation of a child, bestiality,
unlawful sexual conduct, sexual relations between a behavioral health
professional and a patient, sexual assault, voyeurism, disclosure of images
depicting nudity or sexual activities without consent, sexual extortion,
kidnapping with intent to inflict a sexual offense, sex trafficking, surreptitious
recording or viewing, taking a child for the purpose of prostitution, child sex
trafficking, commercial or non-commercial sexual exploitation of a minor or
aggravated or non-aggravated luring of a minor for sexual exploitation (A.R.S.
§ 23-371) .
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows a person to petition for and obtain an injunction against harassment for alleging one or more acts of sexual violence.
2. Prohibits fees for service of process for a petition for an injunction against harassment from being charged to a victim of sexual violence.
3. Becomes effective on January 1, 2020.