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Senate Engrossed
offenses; lifetime injunction |
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State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024
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CHAPTER 5
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SENATE BILL 1436 |
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An Act
amending section 13-719, Arizona Revised Statutes; relating to sentencing.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-719, Arizona Revised Statutes, is amended to read:
13-719. Lifetime injunction; offenses; registration; previously sentenced defendants
A. At the time of sentencing, on the request of the victim or the prosecutor, the court shall issue an injunction that prohibits the defendant from contacting the victim if the defendant is convicted of any of the following offenses, whether completed or preparatory:
1. A dangerous offense as defined in section 13-105 that is a felony.
2. A serious offense or violent or aggravated felony as defined in section 13-706.
3. A felony offense included in chapter 14 or 35.1 of this title.
4. a felony offense as set forth in section 13-1204, subsection b.
5. a felony offense as set forth in section 13-1424.
6. a felony offense as set forth in section 13-2923.
B. An injunction issued pursuant to subsection A of this section is effective immediately and shall be served on the defendant at the time of sentencing.
C. The court shall provide information to the department of public safety to register the injunction with the national crime information center and shall notify the victim of the injunction.
D. If the victim did not request an injunction at the time of sentencing pursuant to subsection A of this section or the sentencing occurred before September 24, 2022, the victim may submit a petition to the court requesting an injunction against a defendant who was sentenced for an offense listed in subsection A of this section, and the court may not charge a fee for filing the petition. A law enforcement agency shall serve an injunction issued pursuant to this subsection at no charge to the victim.
E. An injunction that is issued pursuant to this section does not expire and is valid for the defendant's natural lifetime unless any of the following occurs:
1. The defendant makes a showing to the court that either:
(a) The victim has died.
(b) The conviction has been dismissed, expunged or overturned or the defendant has been pardoned.
2. The victim submits a written request to the court for an early expiration. The court may hold a hearing to verify the victim's request to dismiss the injunction.
F. Notwithstanding any other law, a conviction that is set aside pursuant to section 13-905 or sealed pursuant to section 13-911 does not affect the validity of a lifetime injunction that is issued pursuant to this section and does not prohibit a victim from submitting a petition to the court requesting a lifetime injunction.
APPROVED BY THE GOVERNOR MARCH 18, 2024.
FILED IN THE OFFICE OF THE SECRETARY OF STATE MARCH 18, 2024.