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ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
lifetime injunction; crime victim
Purpose
Allows a victim of certain offenses to request an injunction against harassment (IAH) against a defendant at the time of sentencing, rather than before the termination of probation or intensive probation.
Background
An IAH is a protective order issued by a court that prohibits a party from having specified contact with the petitioner. In order for the court to grant an IAH, the party who requests the injunction must first file a written verified petition. Harassment is defined as: 1) 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; or 2) one or more acts of sexual violence (A.R.S. § 12-1809).
The court, on
petition of the victim of a dangerous or serious offense, an aggravated felony
or sexual assault, and before terminating probation or intensive probation
early, must determine whether to prohibit the defendant from contacting the
victim and issue an IAH. If issued, the IAH must be served on the defendant before
terminating the period of probation or intensive probation. The Board of
Executive Clemency (BOEC) is allowed to inform the victim of the victim's
ability to petition the court for an IAH prohibiting the defendant from
contacting the victim (A.R.S.
§§ 13-901
and 31-411.01).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires the court, at the time of sentencing and at the request of the victim or the prosecutor, to issue an injunction that prohibits the defendant from contacting the victim if the defendant is convicted of an offense, whether completed or preparatory, that is:
a) a dangerous offense;
b) a serious offense or a violent or aggravated felony; or
c) a sexual offense.
2. States that an injunction issued in this manner is effective immediately and must be served on the defendant at the time of sentencing.
3. Stipulates that the injunction does not expire and is valid for the defendant's natural lifetime unless the victim submits a written request to the court for an early expiration.
4. Requires the court to provide information to the Department of Public Safety to register the injunction with the National Crime Information System and must notify the victim of the injunction.
5. Allows a victim to submit a petition to the court requesting an injunction against the defendant who was sentenced as specified before the general effective date.
6. Requires a law enforcement agency to serve an injunction at no charge to the victim.
7. Requires the Supreme Court to develop and adopt procedures for a victim who is eligible for a lifetime injunction to petition the court for any injunction that prohibits contact by a defendant who was sentenced before the general effective date.
8. Removes the requirement for the court to determine whether to issue an IAH against a defendant and prohibit the defendant from contacting the victim before the court terminates probation or intensive probation early.
9. Removes the ability of the BOEC to inform the victim of the victim's ability to petition the court for an IAH prohibiting the person from contacting the victim.
10. Specifies that fees may not be charged for specified documents or service of process for IAHs arising out of sexual violence, rather than a dating relationship.
11. Modifies the definition of harassment.
12. Makes technical changes.
13. Becomes effective on the general effective date.
Prepared by Senate Research
February 15, 2022
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