 |
ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
AMENDED
offenses; lifetime injunction
Purpose
Adds stalking, voyeurism and aggravated assault by way of strangulation or domestic violence to the list of felony offenses that qualify for lifetime injunctions.
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 convicted of a dangerous offense, serious offense, violent or aggravated felony or a felony sexual offense. The injunction is effective immediately and is valid for the defendant's natural lifetime, unless: 1) the defendant can show the court that either the victim has died, or the conviction has been dismissed, expunged, overturned or the defendant has been pardoned; or 2) the victim submits a written request to the court for an early expiration, in which case the court must hold a hearing. The validity of an injunction is not affected by the set aside or sealing of a conviction record. If the victim did not request an injunction at the time of sentencing, or the sentencing occurred before September 24, 2022, the victim may submit a petition to the court requesting an injunction, and the court may not charge a fee for filing the petition (A.R.S. § 13-719).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Adds the following crimes to the list of felony offenses for which a victim may request a lifetime injunction against the convicted defendant:
a) aggravated assault by way of strangulation or domestic violence;
b) voyeurism; and
c) stalking.
2. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
· Specifies that new offenses qualifying for lifetime injunctions must be considered felony offenses.
Senate Action
JUD 2/8/24 DP 7-0-0
Prepared by Senate Research
February 15, 2024
ZD/cs