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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
AMENDED
lifetime injunction; petition; procedures
Purpose
Allows a victim to file a petition for a lifetime injunction against a defendant if the victim did not request the injunction at the time of sentencing. Specifies that the validity of a lifetime injunction and the ability of a victim to file for an injunction is not affected by the setting aside or sealing of a conviction.
Background
At the time of sentencing and at the request of the victim or the prosecutor, the court is required to issue a no-contact injunction against a defendant found guilty of a dangerous offense, serious offense, violent or aggravated felony or sex offense. The injunction is effective immediately and is valid for the defendant's natural lifetime (A.R.S. § 13-719).
A person convicted of a criminal offense may apply to the court to have the person's judgement of guilt set aside on fulfillment of the conditions of probation or sentence and discharge by the court. The court is required to consider certain factors when considering whether to set aside a conviction, including the nature and circumstances of the offense and any prior or subsequent convictions. The person convicted is required to be informed of this right at the time of sentencing and, if a judgement of guilt is set aside, the person is released from all penalties and disabilities resulting from the conviction, except for those imposed for violations of driving under the influence and illegally taking wildlife (A.R.S. § 13-905).
A person may
file a petition to seal all case records related a criminal offense if the
person was: 1) convicted of a criminal offense and has completed all of the
terms and conditions of the sentence that was imposed by the court, including
the payment of all monetary obligations and restitution to all victims; 2)
charged with a criminal offense and the charge was subsequently dismissed or
resulted in a not guilty verdict at a trial; or 3) arrested for a criminal
offense and no charges were filed. Sealing criminal case records does not
affect: 1) the ability of a person to appeal a conviction or sentence or rely
on it in bar of any subsequent proceeding for the same offense;
2) specified law enforcement purposes; or 3) the conviction being considered
when evaluating an applicant for a fingerprint clearance card (A.R.S.
§ 13-911).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows a victim to submit a petition for a lifetime injunction after the defendant's sentencing if the victim did not request a lifetime injunction at the time of sentencing.
2. Prohibits the court from charging a fee for the filing of a petition.
3. Specifies that the setting aside or sealing of a conviction does not affect the validity of a lifetime injunction and does not prohibit the victim from submitting a petition requesting an injunction.
4. Specifies that a conviction that is set aside may still be used as the basis to issue a lifetime injunction.
5. Makes technical and conforming changes.
6. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Specifies that the validity of a lifetime injunction is not affected by the sealing of an arrest record, regardless of whether the victim requested the injunction at the time of the defendant's sentencing.
Senate Action
JUD 2/16/23 DPA 7-0-0
Prepared by Senate Research
February 20, 2023
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