House Engrossed

 

right to jury; parent-child relationship

 

 

 

 

State of Arizona

House of Representatives

Fifty-fifth Legislature

Second Regular Session

2022

 

 

 

HOUSE BILL 2675

 

 

An Act

 

amending title 8, chapter 4, article 8, Arizona revised statues, by adding section 8-818; relating to the right to a jury.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 8, chapter 4, article 8, Arizona Revised Statutes, is amended by adding section 8-818, to read:

START_STATUTE8-818. Right to jury; jury demand and hearing; applicability

A. A party has a right to a trial by jury and that right may not be arbitrarily denied.  The court shall provide written notice to all parties of the right to a trial by jury prescribed by this section.  If the court fails to provide this notice, any subsequent proceedings or rulings do not have the force of law.

B. If a party believes that the party's rights have been substantially violated by the orders of the court and files a jury demand with the court within twenty days after the court's orders were filed, the court shall set a new hearing before a jury within twenty days after the demand is filed.  A party may have the jury reexamine discrete portions of the court's orders without the entire case being relitigated or reexamined.

C. a jury trial set pursuant to this section shall commence within sixty days after the court has entered orders following a hearing for the TERMINATION of the parent-child relationship.

D. This section applies to matters before the court for a preliminary protective hearing pursuant to section 8-824 or any other hearing for the termination of the parent-child relationship. END_STATUTE

Sec. 2. Effective date

Section 8-818, Arizona Revised Statutes, as added by this act, is effective from and after December 31, 2022.