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REFERENCE TITLE: right to jury; parent-child relationship |
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State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023
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SB 1431 |
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Introduced by Senator Wadsack: Representative Jones
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An Act
amending title 8, chapter 4, article 1, Arizona revised statues, by adding section 8-468; 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 1, Arizona Revised Statutes, is amended by adding section 8-468, to read:
8-468. 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.
E. The right to a jury trial pursuant to this section is available only to the people and not to any state agency or political subdivision of this state.
Sec. 2. Effective date
Section 8-468, Arizona Revised Statutes, as added by this act, is effective from and after December 31, 2023.