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Senate Engrossed
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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SENATE BILL 1431 |
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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. the right to a trial by jury is available only to parents or defendants under this section and not to the state or any state agency.
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. for all jury trials under this section, the state must convince at least seven or eight jurors that there is clear and convincing evidence, which is not false or otherwise fabricated, that sufficient danger exists and that the state is compelled to remove children from their families.
c. the right to a jury trial pursuant to this section shall commence thirty days after the state has removed or seized the child.
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 remedies prescribed in this section are available only to the people and not to any state agency.
Sec. 2. Effective date
Section 8-468, Arizona Revised Statutes, as added by this act, is effective from and after December 31, 2023.