PREFILED    JAN 08 2024

REFERENCE TITLE: jury; parental rights; termination

State of Arizona

House of Representatives

Fifty-sixth Legislature

Second Regular Session

2024

HB 2177

Introduced by

Representative Payne

An Act

amending title 8, chapter 4, article 1, Arizona Revised Statutes, by adding section 8-469; 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 8-469, to read:

START_STATUTE8-469. Right to jury in termination of parental rights matters

A. A hearing to terminate parental rights that is held pursuant to section 8-537 or 8-863 shall be tried to a jury if a parent files a written request for a jury trial before or at the time of the initial termination hearing that is held pursuant to section 8-535.  Notice of the option for a jury trial must be included in the notice of initial hearing prescribed by section 8-535.

B. If a court receives multiple requests for a jury trial, one jury trial may be held for the proceeding.  A jury trial may be held in lieu of a bench trial for all parents involved in the proceeding. 

C. The number and concurrence of jurors for a trial that is held pursuant to this section shall be consistent with the limits established in section 21-102, subsection c.

D. A jury trial that is held pursuant to this section must be commenced not later than one hundred twenty days after the initial termination hearing under section 8-535 is completed. END_STATUTE

Sec. 2. Reporting requirement

A. On or before January 1, 2027, the administrative office of the courts shall review the following:

1. The number of jury trials requested pursuant to section 8-469, Arizona Revised Statutes, as added by this act.

2. The number of jury trials completed.

3. The outcome and length of jury trials compared to the outcome and length of bench trials.

4. Feedback from parties, attorneys, judges, juries and court staff in a jury trial case.

5. Any other relevant data or information related to jury trials and bench trials in termination of parental rights proceedings.

B. The administrative office of the courts shall issue a report of its findings and recommendations to the governor, the president of the senate and the speaker of the house of representatives and shall provide a copy of this report to the secretary of state.

Sec. 3. Effective date

Section 8-469, Arizona Revised Statutes, as added by this act, is effective from and after June 30, 2025.