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ARIZONA HOUSE OF REPRESENTATIVESFifty-sixth Legislature First Regular Session |
Senate: JUD DPA 7-0-0-0 | 3rd Read DPA 29-0-1-0-0House: JUD DP 8-0-0-0-0-0 |
SB 1582: lifetime injunction; petition; procedures
Sponsor: Senator Kerr, LD 25
Caucus & COW
Overview
Allows a victim to request a lifetime injunction against a defendant at a time later than the defendant's sentencing. Clarifies that setting aside or sealing a conviction does not affect the validity of a lifetime injunction.
History
Current law allows a prosecutor or the victim of a dangerous felony offense, serious offense, violent or aggravated felony or a sex offense to file a petition at the defendant's time of sentencing requesting a lifetime injunction. The lifetime injunction is effective immediately and served to the defendant at the time of sentencing. A lifetime injunction does not expire and is valid for the defendant's natural lifetime unless any of the following occurs:
1) The victim has died;
2) The conviction has been dismissed, overturned, expunged or the defendant has been pardoned; or
3) The victim submits a written request to the court requesting early expiration, which the court may host a hearing to verify (A.R.S. § 13-719).
Dangerous offense is defined to mean an offense involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or the intentional or knowing infliction of serious physical injury on another person. Examples of serious offenses include any dangerous crime against children, armed robbery, first degree murder and kidnapping. Examples of violent or aggravated felonies include terrorism, child sex trafficking, arson of an occupied structure and drive by shootings (A.R.S. §§ 13-105, 13-706).
Statute allows an eligible person who has been convicted of a criminal offense to apply to the court to have the judgment of guilt set aside. A conviction that has been set aside may not be redacted or removed from the individual's record but must contain an annotation indicating that it has been set aside. A set aside conviction does not release an individual from penalties and disabilities imposed by the Department of Transportation and the Game and Fish Commission for outlined offenses (A.R.S. § 13-905).
An eligible person may file a petition with the court to seal all case records related to a criminal offense. If the court grants a petition to seal case records the court is mandated to do several outlined tasks including issuing an order sealing all records relating to the petitioner's arrest, conviction and sentence and directing the court to notify the Department of Public Safety and the prosecutor of the sealing order. A sealed conviction may still be used for specified purposes (A.R.S. § 13-911).
Provisions
1. Permits a victim to file a petition with a court requesting a lifetime injunction after the defendant's sentencing if the victim did not file one at the time of sentencing. (Sec. 1)
2. Prohibits the court from charging a fee for filing the petition. (Sec. 1)
3. Specifies that setting aside or sealing the conviction does not affect the validity of the lifetime injunction or prohibit the victim from filing a petition requesting lifetime injunction. (Sec. 1, 3)
4. Authorizes a conviction that has been set aside to be used as a basis for a lifetime injunction. (Sec. 2)
5. Makes technical changes. (Sec. 1, 3)
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9. SB 1582
10. Initials JL/GC Page 0 Caucus & COW
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