| 1 | 1 | | REFERENCE TITLE: severe threat order of protection State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session 2022 HB 2365 Introduced by Representatives Longdon: Hernandez D AN ACT Amending section 8-202, Arizona Revised Statutes, as amended by Laws 2021, chapter 222, section 1 and chapter 240, section 1; repealing section 8-202, Arizona Revised Statutes, as amended Laws 2021, chapter 435, section 1; amending section 8-208, Arizona Revised Statutes; amending title 12, chapter 10, Arizona Revised Statutes, by adding article 5; amending sections 13-2703 and 13-3101, Arizona Revised Statutes; relating to orders of protection. (TEXT OF BILL BEGINS ON NEXT PAGE) |
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| 9 | 9 | | REFERENCE TITLE: severe threat order of protection |
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| 10 | 10 | | State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session 2022 |
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| 11 | 11 | | HB 2365 |
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| 12 | 12 | | Introduced by Representatives Longdon: Hernandez D |
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| 14 | 14 | | REFERENCE TITLE: severe threat order of protection |
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| 26 | 26 | | State of Arizona |
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| 28 | 28 | | House of Representatives |
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| 30 | 30 | | Fifty-fifth Legislature |
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| 32 | 32 | | Second Regular Session |
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| 40 | 40 | | HB 2365 |
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| 44 | 44 | | Introduced by |
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| 46 | 46 | | Representatives Longdon: Hernandez D |
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| 52 | 52 | | AN ACT |
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| 56 | 56 | | Amending section 8-202, Arizona Revised Statutes, as amended by Laws 2021, chapter 222, section 1 and chapter 240, section 1; repealing section 8-202, Arizona Revised Statutes, as amended Laws 2021, chapter 435, section 1; amending section 8-208, Arizona Revised Statutes; amending title 12, chapter 10, Arizona Revised Statutes, by adding article 5; amending sections 13-2703 and 13-3101, Arizona Revised Statutes; relating to orders of protection. |
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| 62 | 62 | | (TEXT OF BILL BEGINS ON NEXT PAGE) |
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| 66 | 66 | | Be it enacted by the Legislature of the State of Arizona: Section 1. Section 8-202, Arizona Revised Statutes, as amended by Laws 2021, chapter 222, section 1 and chapter 240, section 1, is amended to read: START_STATUTE8-202. Jurisdiction of juvenile court A. The juvenile court has original jurisdiction over all delinquency proceedings brought under the authority of this title. B. The juvenile court has exclusive original jurisdiction over all proceedings: 1. Brought under the authority of this title except for delinquency proceedings. 2. In which the respondent to a request for a severe threat order of protection is under eighteen years of age. C. The juvenile court may consolidate any matter, except that the juvenile court shall not consolidate any of the following: 1. A criminal proceeding that is filed in another division of superior court and that involves a child who is subject to the jurisdiction of the juvenile court. 2. A delinquency proceeding with any other proceeding that does not involve delinquency, unless the juvenile delinquency adjudication proceeding is not heard at the same time or in the same hearing as a nondelinquency proceeding. D. The juvenile court has jurisdiction of proceedings to: 1. Obtain judicial consent to the marriage, employment or enlistment in the armed services of a child, if consent is required by law. 2. In an action in which parental rights are terminated pursuant to chapter 4, article 5 or 11 of this title, change the name of a minor child who is the subject of the action. If the minor child who is the subject of the action is twelve years of age or older, the court shall consider the wishes of the child with respect to the name change. E. The juvenile court has jurisdiction over civil traffic violations, civil marijuana violations and offenses listed in section 8-323, subsection B that are committed within the county by persons who are under eighteen years of age unless the presiding judge of the county declines jurisdiction of these cases. The presiding judge of the county may decline jurisdiction of civil traffic violations and civil marijuana violations committed within the county by juveniles if the presiding judge finds that the declination would promote the more efficient use of limited judicial and law enforcement resources located within the county. If the presiding judge declines jurisdiction, juvenile civil traffic violations and civil marijuana violations shall be processed, heard and disposed of in the same manner and with the same penalties as adult civil traffic violations. F. The orders of the juvenile court under the authority of this chapter or chapter 3 or 4 of this title take precedence over any order of any other court of this state except the court of appeals and the supreme court to the extent that they are inconsistent with orders of other courts. for the following: 1. An order entered in the criminal court concerning an ongoing case that governs a criminal defendant's ability to contact the victim, the family of the victim or other minor children if the criminal court makes a finding that contact with other minor children would pose a risk of harm to those children. 2. Orders by the court of appeals and the supreme court to the extent they are inconsistent with orders of other courts. G. Except as provided in subsection H of this section, jurisdiction of a child that is obtained by the juvenile court in a proceeding under this chapter or chapter 3 or 4 of this title shall be retained by it, for the purposes of implementing the orders made and filed in that proceeding, until the child becomes eighteen years of age, unless terminated by order of the court before the child's eighteenth birthday. H. At any time before an adjudication hearing or a proceeding in which a juvenile is admitting to an allegation in a petition that alleges the juvenile is delinquent, the state may file a notice of intent to retain jurisdiction over a juvenile who is seventeen years of age. If the state files a notice of intent to retain jurisdiction, the juvenile court's jurisdiction over a juvenile is retained on the filing of the notice and the court shall retain jurisdiction over the juvenile until the juvenile reaches nineteen years of age, unless before the juvenile's nineteenth birthday either: 1. Jurisdiction is terminated by order of the court. 2. The juvenile is discharged from the jurisdiction of the department of juvenile corrections pursuant to section 41-2820. I. Persons who are under eighteen years of age shall be prosecuted in the same manner as adults if either: 1. The juvenile court transfers jurisdiction pursuant to section 8-327. 2. The juvenile is charged as an adult with an offense listed in section 13-501. J. The juvenile court shall retain jurisdiction after a juvenile's eighteenth birthday for the purpose of: 1. Designating an undesignated felony offense as a misdemeanor or felony, including after an adjudication is set aside pursuant to section 8-348. 2. Modifying an outstanding monetary obligation imposed by the court except for victim restitution. 3. Implementing section 36-2862. K. The juvenile court has jurisdiction to make the initial determination prescribed in section 8-829 whether the voluntary participation of a qualified young adult in an extended foster care program pursuant to section 8-521.02 is in the young adult's best interests. END_STATUTE Sec. 2. Repeal START_STATUTESection 8-202, Arizona Revised Statutes, as amended by Laws 2021, chapter 435, section 1, is repealed.END_STATUTEEND_STATUTE Sec. 3. Section 8-208, Arizona Revised Statutes, is amended to read: START_STATUTE8-208. Juvenile court records; public inspection; exceptions A. The following records relating to a juvenile who is referred to juvenile court are open to public inspection: 1. Referrals involving delinquent acts, after the referrals have been made to the juvenile court or the county attorney has diverted the matter according to section 8-321. 2. Arrest records, after the juvenile is an accused as defined by section 13-501. 3. Delinquency hearings. 4. Disposition hearings. 5. A summary of delinquency, disposition and transfer hearings. 6. Revocation of probation hearings. 7. Appellate review. 8. Diversion proceedings involving delinquent acts. B. On the request of an adult probation officer or state or local prosecutor, the juvenile court shall release to an adult probation department or prosecutor all information in its possession concerning a person who is charged with a criminal offense. C. The juvenile court shall release all information in its possession concerning a person who is arrested for a criminal offense to superior court programs or departments, other court divisions or judges or as authorized by the superior court for the purpose of assisting in the determination of release from custody, bond and pretrial supervision. D. On request by the appropriate jail authorities for the purpose of determining classification, treatment and security, the juvenile court shall release all information in its possession concerning persons who are under eighteen years of age, who have been transferred from juvenile court for criminal prosecution and who are being held in a county jail pending trial. E. The court shall edit the records to protect the identity of the victim or the immediate family of the victim if the victim has died as a result of the alleged offense. F. Except as otherwise provided by law, the records of an adoption, severance or dependency proceeding shall not be open to public inspection. G. The court may order that the records be kept confidential and withheld from public inspection if the court determines that the subject matter of any record involves a clear public interest in confidentiality. H. The disclosure of educational records received pursuant to section 15-141 shall comply with the family educational rights and privacy rights act of 1974 (20 United States Code section 1232g). I. A petition for a severe threat order of protection and the order issued may be disclosed only if the court issues the severe threat order of protection. After a showing of the need for the information and that appropriate measures will be taken to limit further disclosure of the information, the petition and the order may be provided only to the parent or legal guardian of the minor respondent, law enforcement, a juvenile probation officer, a behavioral health professional, a school or school district that the minor respondent is attending or has attended in the year preceding the date of the order and a person who has been the named target of threats or acts committed by the minor respondent. END_STATUTE Sec. 4. Title 12, chapter 10, Arizona Revised Statutes, is amended by adding article 5, to read: ARTICLE 5. SEVERE THREAT ORDER OF PROTECTION START_STATUTE12-1881. Definitions In this article, unless the context otherwise requires: 1. "Cruel mistreatment of an animal": (a) Means to torture or otherwise inflict unnecessary serious physical injury on or death to an animal or to kill an animal in a manner that causes protracted suffering to the animal. (b) Does not include activities that are regulated by the Arizona game and fish department or the Arizona department of agriculture. 2. "Family member" means, with respect to an individual, a spouse, child, stepchild, parent, stepparent, sibling, grandchild or grandparent of the individual, a person with whom the individual shares a child in common or the legal guardian of the individual. 3. "Firearm" includes ammunition for a firearm. 4. "Household member" means with respect to an individual, a person who cohabitates or has cohabitated with the individual within the previous year. 5. "Petitioner" means a person who is at least eighteen years of age and who is a family member, household member, significant other, probation officer, behavioral health professional or peace officer. 6. "Responsible custodian" means a person who may lawfully possess a firearm, who does not cohabitate with a person who is subject to a severe threat order of protection and who is approved by a court to take possession of a firearm that is surrendered by a person who is subject to a severe threat order of protection. 7. "Serious physical injury" has the same meaning prescribed in section 13-105. 8. "Significant other" means, with respect to an individual, a person with whom the individual has been involved in a substantial and ongoing romantic relationship within the previous year. END_STATUTE START_STATUTE12-1882. Severe threat order of protection; ex parte temporary severe threat order of protection; requirements; service; request for hearing; notice; law enforcement notification; civil liability A. A petitioner may file a verified petition in the superior court or a municipal court requesting the court to issue a severe threat order of protection. An ex parte temporary severe threat order of protection and a severe threat order of protection prohibit a respondent from possessing a firearm based on the respondent's making a credible threat of death or serious physical injury or committing or attempting to commit an act of violence that resulted in or was intended to result in death or serious physical injury to self or others or cruel mistreatment of an animal. B. The petition for a severe threat order of protection must include all of the following: 1. The petitioner's name. The petitioner's address shall be disclosed to the court for purposes of service. If the address of the petitioner is unknown to the respondent, the petitioner may request that the address be protected. On the petitioner's request, the address shall not be listed on the petition. Whether or not the court issues a severe threat order of protection, the protected address shall be maintained in a separate document or electronically and is not subject to release or disclosure by the court or to any form of public access except as ordered by the court. 2. The respondent's name and address, if known, or, if the respondent is believed to be homeless, the cross streets of the area where the respondent may be located. 3. A specific statement, including dates, locations and approximate times, of any of the following acts: (a) A credible threat of death or serious physical injury, an act of violence that resulted in death or serious physical injury or an attempted act of violence that was intended to cause death or serious physical injury against self or others or cruel mistreatment of an animal that occurred within the preceding six months. (b) A specific behavior or act that justifies the reasonable belief that the respondent is a danger to self or others. 4. The relationship between the parties and whether there is or has been a severe threat order of protection, a domestic violence order of protection, an injunction against harassment or an injunction against workplace harassment in place between the parties. 5. Whether the petitioner knows if the respondent is currently or was previously the subject of a severe threat order of protection, a domestic violence order of protection, an injunction against harassment or an injunction against workplace harassment. 6. The name of the court in which any previous or pending proceeding or order was sought or issued concerning the respondent or of which the petitioner is aware. 7. A statement that, based on the information required in the petition, the petitioner reasonably believes a severe threat order of protection is necessary because the respondent poses a significant danger of imminently causing death or serious physical injury to self or others. C. The court shall review the petition, any other pleadings on file and any evidence offered by the petitioner, including any evidence of: 1. A recent credible threat to cause death or serious physical injury or an act or attempted act causing death or serious physical injury by the respondent against self or others. 2. A pattern of threats to cause death or serious physical injury or acts or attempted acts causing death or serious physical injury by the respondent within the preceding six months. Evidence that the respondent has violated an order of protection or an injunction against harassment may be used to demonstrate a pattern for the purposes of this paragraph. 3. The respondent's cruel mistreatment of an animal. 4. Known dangerous mental health issues of the respondent. 5. The respondent's having previously been subject to or currently being subject to a severe threat order of protection. 6. A conviction for a violent crime committed by the respondent. 7. A conviction for an offense involving unlawful use, threatening display or brandishing of a firearm by the respondent in violation of title 13, chapter 31 or a conviction for an offense in another jurisdiction that if committed in this state would be a violation of title 13, chapter 31. 8. The respondent's history of use, attempted use or threatened use of physical force against another person or stalking another person. 9. The respondent's recurring abuse of controlled substances or alcohol if the evidence demonstrates that the abuse is a contributing factor to the respondent's dangerousness or violence. D. The court shall either issue an ex parte temporary severe threat order of protection on the day the court receives the petition or the day after the court receives the petition, or the court may schedule a hearing on the petition within fourteen days after the court receives the petition and provide notice to the respondent of the hearing date. The court may order a mental health evaluation of the respondent at no cost to the respondent. The evaluation agency shall provide the evaluation results to the court before the hearing date. The court shall issue an ex parte temporary severe threat order of protection if the court determines that, based on the factors enumerated in this section, there is probable cause to believe that the respondent poses a danger to self or others and that, for the safety of the respondent and others, the respondent should not possess a firearm for the duration of the order. an ex parte temporary severe threat order of protection and a severe threat order of protection require the respondent to surrender all firearms that are owned or possessed by the respondent to a specific law enforcement agency. E. The court shall immediately transmit the petition and the ex parte temporary severe threat order of protection or the severe threat order of protection to the county sheriff or local law enforcement agency for the jurisdiction in which the person who is subject to the order resides. The person who is subject to the order shall be served with a copy of the petition and the ex parte temporary severe threat order of protection. The return of service must be filed within twenty-four hours after service with the clerk of the issuing court. F. An ex parte temporary severe threat order of protection expires in fourteen days. The court shall hold a hearing within fourteen days either after issuing an ex parte temporary severe threat order of protection or receiving the petition if the court did not issue an ex parte temporary severe threat order of protection. G. At the hearing, the respondent may present evidence and, if a mental health evaluation was conducted, the court shall consider the evaluation results. The court shall issue a severe threat order of protection if the court determines after the hearing that, based on the factors enumerated in this section, clear and convincing evidence exists to believe the respondent poses a danger to self or others and that, for the safety of the respondent and others, the respondent should not possess a firearm for the duration of the order. A severe threat order of protection expires one year after the date the order is served on the respondent. H. The respondent to an ex parte temporary severe threat order of protection and a severe threat order of protection may consult an attorney before a hearing is conducted pursuant to this section and may have an attorney present at any hearing held pursuant to this article. If the person who is subject to the order is a minor, the parent or legal guardian of the minor shall be immediately notified that the minor may consult and have an attorney present at any hearing that is held pursuant to this article. If the respondent is a minor, the minor shall be appointed a guardian ad litem for the pendency of the proceedings. I. Within ninety days after a severe threat order of protection is issued, the respondent who is subject to the order is entitled to one hearing on written request in order to quash the order. At the hearing, the respondent has the burden of proving by clear and convincing evidence that the respondent no longer poses a danger to self or others. A fee may not be charged for requesting a hearing. A hearing that is requested by the respondent who is subject to a severe threat order of protection shall be held at the earliest possible time but not later than ten days after the date of the request unless the court finds good cause to continue the hearing. An order that is issued pursuant to this section shall state that the respondent who is subject to the order is entitled to a hearing on written request and that the respondent may consult and have an attorney present at the hearing. The order shall include the name and address of the clerk of the court where the request may be filed and the name of the judicial officer who issued the order. J. Within twenty-four hours after a court issues an ex parte temporary severe threat order of protection or a severe threat order of protection the court must forward a copy of the order and proof of service, if applicable, to the sheriff's office in the county in which the order was issued for registration by the sheriff in a central repository. The sheriff shall register the order with the national crime information center and shall indicate on the file that the respondent is subject to firearm restrictions. Each county sheriff shall maintain a central repository to verify the existence and validity of a severe threat order of protection. K. Within twenty-four hours after a court modifies, extends or quashes an ex parte temporary severe threat order of protection or a severe threat order of protection, the court shall send a written order that modifies, extends or quashes the ex parte temporary severe threat order of protection or severe threat order of protection to the sheriff in the county where the original order was registered. The sheriff shall ensure that the national crime information center is updated with this information. L. A person who acts pursuant to this article in good faith on either actual knowledge or reliable information is not subject to civil liability for that act. M. If the court does not find the person who is subject to an ex parte temporary severe threat order of protection to be an immediate danger to self or others, the court shall notify the petitioner within twenty-four hours after that determination is made. END_STATUTE START_STATUTE12-1883. Severe threat order of protection extension A. Within forty-five days before a severe threat order of protection expires, a petitioner may file a verified petition in the superior court or a municipal court requesting that the order be extended for one year unless the person who is subject to the order provides clear and convincing evidence that the person is not a danger to self or others based on the factors prescribed in section 12-1882. B. If the court determines that the person who is subject to the order has failed to appear or respond to a petition to extend a severe threat order of protection after being personally served and given the opportunity for a hearing on the requested extension and unless the person who is subject to the order has provided clear and convincing evidence that the person who is subject to the order is not a danger to self or others based on the factors prescribed in section 12-1882, the court shall extend the severe threat order of protection for one year. C. If the court determines that the person who is subject to the order is not a danger to self or others after reviewing any evaluation results and the factors prescribed in section 12-1882, the court shall allow the severe threat order of protection to expire and follow the procedures prescribed in sections 12-1882 and 12-1885. END_STATUTE START_STATUTE12-1884. Applicability to minors; juvenile court transfer If the respondent to a petition for a severe threat order of protection is a minor, the petition shall be transferred to the juvenile court. END_STATUTE START_STATUTE12-1885. Prohibited possession of a firearm; firearm seizure; violation; classification A. A person who is subject to an ex parte temporary severe threat order of protection or a severe threat order of protection may not possess or purchase a firearm after the order has been served. A person who violates this section is guilty of a class 4 felony. B. If the person who is subject to an ex parte temporary severe threat order of protection or a severe threat order of protection is a minor and a parent, legal guardian or household member owns a firearm, the parent or legal guardian shall attest to the court under oath as part of the severe threat order of protection proceedings that the firearm is secured and that the minor who is subject to the order cannot access the firearm. C. A law enforcement officer who is serving an ex parte temporary severe threat order of protection or a severe threat order of protection may take temporary custody of any firearm that is in plain sight or discovered pursuant to a consensual or other lawful search and that is necessary for the protection of the law enforcement officer or other persons present as provided in section 13-3102, subsection L. D. If a firearm is seized and removed from the location pursuant to this section, the law enforcement officer shall provide the owner or possessor of the firearm with a receipt for each seized firearm. The receipt must include the identification or serial number or another identifying characteristic of each seized firearm. Each seized firearm shall be held safely and without being damaged for the duration of the severe threat order of protection or until the firearm is transferred to a responsible custodian pursuant to subsection F of this section. The firearm may be disposed of only in accordance with section 12-941. E. If a firearm is seized and removed from the location pursuant to this section, the petitioner shall be notified by the law enforcement agency that seized the firearm before the firearm is released. F. If a person is subject to an ex parte temporary severe threat order of protection or a severe threat order of protection, the court shall order the person to turn over any firearms that are owned or possessed by the person to a law enforcement agency. The law enforcement agency shall notify the court of the person's compliance with this subsection within twenty-four hours after the order is served. At any time after the law enforcement agency notifies the court of the person's compliance with this subsection, the person who is subject to the order may submit the name of a responsible custodian to the court for approval. If approved by the court the responsible custodian shall take possession of the person's firearms after providing the law enforcement agency an affirmation stating that the person who is subject to the order will not have access to the firearm for the duration of the order and that the firearm will be safely held and not damaged. If a person who is subject to a severe threat order of protection does not own or possess a firearm, the person shall attest to the court under oath within twenty-four hours after being served with the order that the person does not own or possess a firearm. G. A law enforcement agency or responsible custodian who knowingly or negligently fails to maintain the surrendered firearm in the same condition that the firearm was in when surrendered is liable for any damages to the firearm. H. If a person who is subject to a severe threat order of protection that prohibits the possession of a firearm does not submit evidence of the person's compliance with subsection F of this section to a law enforcement agency within twenty-four hours after the order, the petitioner or a law enforcement officer may request that the court issue a search warrant to allow a law enforcement officer to search for and seize any firearm that is in the person's possession. I. After an order expires or is quashed, the court shall provide the person who is subject to the order with documentation that states that the order has expired or has been quashed and is no longer in effect. A law enforcement agency that has custody of a firearm shall release the firearm within forty-eight hours, excluding weekends and holidays, after the receipt of the evidence that the order has expired or been quashed or receipt of a court document evidencing that the person is not prohibited from possessing a firearm. J. If a firearm is not owned or possessed by the person who is subject to the order but is owned or possessed by a minor or household member, the parent or legal guardian shall submit an affidavit to the court stating that appropriate measures have been taken to ensure that the person who is subject to the order will not have access to the firearm. Appropriate measures include securing the firearm at another location, securing the firearm in an appropriate safe or other measures that will ensure the person who is subject to the order cannot access the firearm. K. If a person has been found to constitute a danger to self or others and the court enters a severe threat order of protection pursuant to section 12-1882 or 12-1883, the court shall follow the procedures prescribed in section 12-1882. The superior court may access the information of a person who is subject to a severe threat order of protection to enforce or facilitate an order. L. On request, the clerk of the court shall provide certified copies of the order to a law enforcement or prosecuting agency that is investigating or prosecuting a prohibited possessor as defined in section 13-3101. M. A person is guilty of a class 4 felony if the person both: 1. Intentionally or knowingly allows access to a firearm by a person who is subject to an ex parte temporary severe threat order of protection or a severe threat order of protection. 2. Knows the person is prohibited from possessing a firearm. END_STATUTE Sec. 5. Section 13-2703, Arizona Revised Statutes, is amended to read: START_STATUTE13-2703. False swearing; classification A. A person commits false swearing by making a false sworn statement, believing it to be false. B. False swearing is a class 6 felony, except that it is a class 5 felony if the person makes the false sworn statement for the purpose of obtaining a severe threat order of protection. END_STATUTE Sec. 6. Section 13-3101, Arizona Revised Statutes, is amended to read: START_STATUTE13-3101. Definitions A. In this chapter, unless the context otherwise requires: 1. "Deadly weapon" means anything that is designed for lethal use. The term includes a firearm. 2. "Deface" means to remove, alter or destroy the manufacturer's serial number. 3. "Explosive" means any dynamite, nitroglycerine, black powder, or other similar explosive material, including plastic explosives. Explosive does not include ammunition or ammunition components such as primers, percussion caps, smokeless powder, black powder and black powder substitutes used for hand loading purposes. 4. "Firearm" means any loaded or unloaded handgun, pistol, revolver, rifle, shotgun or other weapon that will expel, is designed to expel or may readily be converted to expel a projectile by the action of an explosive. Firearm does not include a firearm in permanently inoperable condition. 5. "Improvised explosive device" means a device that incorporates explosives or destructive, lethal, noxious, pyrotechnic or incendiary chemicals and that is designed to destroy, disfigure, terrify or harass. 6. "Occupied structure" means any building, object, vehicle, watercraft, aircraft or place with sides and a floor that is separately securable from any other structure attached to it, that is used for lodging, business, transportation, recreation or storage and in which one or more human beings either are or are likely to be present or so near as to be in equivalent danger at the time the discharge of a firearm occurs. Occupied structure includes any dwelling house, whether occupied, unoccupied or vacant. 7. "Prohibited possessor" means any person: (a) Who has been found to constitute a danger to self or to others or to have a persistent or acute disability or grave disability pursuant to court order pursuant to section 36-540, and whose right to possess a firearm has not been restored pursuant to section 13-925. (b) Who has been convicted within or without this state of a felony or who has been adjudicated delinquent for a felony and whose civil right to possess or carry a firearm has not been restored. (c) Who is at the time of possession serving a term of imprisonment in any correctional or detention facility. (d) Who is at the time of possession serving a term of probation pursuant to a conviction for a domestic violence offense as defined in section 13-3601 or a felony offense, parole, community supervision, work furlough, home arrest or release on any other basis or who is serving a term of probation or parole pursuant to the interstate compact under title 31, chapter 3, article 4.1. (e) Who is an undocumented alien or a nonimmigrant alien traveling with or without documentation in this state for business or pleasure or who is studying in this state and who maintains a foreign residence abroad. This subdivision does not apply to: (i) Nonimmigrant aliens who possess a valid hunting license or permit that is lawfully issued by a state in the United States. (ii) Nonimmigrant aliens who enter the United States to participate in a competitive target shooting event or to display firearms at a sports or hunting trade show that is sponsored by a national, state or local firearms trade organization devoted to the competitive use or other sporting use of firearms. (iii) Certain diplomats. (iv) Officials of foreign governments or distinguished foreign visitors who are designated by the United States department of state. (v) Persons who have received a waiver from the United States attorney general. (f) Who has been found incompetent pursuant to rule 11, Arizona rules of criminal procedure, and who subsequently has not been found competent. (g) Who is found guilty except insane. (h) Who is subject to a valid ex parte temporary severe threat order of protection or a severe threat order of protection if the person was personally served with the order. 8. "Prohibited weapon": (a) Includes the following: (i) An item that is a bomb, grenade, rocket having a propellant charge of more than four ounces or mine and that is explosive, incendiary or poison gas. (ii) A device that is designed, made or adapted to muffle the report of a firearm. (iii) A firearm that is capable of shooting more than one shot automatically, without manual reloading, by a single function of the trigger. (iv) A rifle with a barrel length of less than sixteen inches, or shotgun with a barrel length of less than eighteen inches, or any firearm that is made from a rifle or shotgun and that, as modified, has an overall length of less than twenty-six inches. (v) A breakable container that contains a flammable liquid with a flash point of one hundred fifty degrees Fahrenheit or less and that has a wick or similar device capable of being ignited. (vi) A chemical or combination of chemicals, compounds or materials, including dry ice, that is possessed or manufactured for the purpose of generating a gas to cause a mechanical failure, rupture or bursting or an explosion or detonation of the chemical or combination of chemicals, compounds or materials. (vii) An improvised explosive device. (viii) Any combination of parts or materials that is designed and intended for use in making or converting a device into an item set forth in item (i), (v) or (vii) of this subdivision. (b) Does not include: (i) Any fireworks that are imported, distributed or used in compliance with state laws or local ordinances. (ii) Any propellant, propellant actuated devices or propellant actuated industrial tools that are manufactured, imported or distributed for their intended purposes. (iii) A device that is commercially manufactured primarily for the purpose of illumination. 9. "Trafficking" means to sell, transfer, distribute, dispense or otherwise dispose of a weapon or explosive to another person, or to buy, receive, possess or obtain control of a weapon or explosive, with the intent to sell, transfer, distribute, dispense or otherwise dispose of the weapon or explosive to another person. B. The items set forth in subsection A, paragraph 8, subdivision (a), items (i), (ii), (iii) and (iv) of this section do not include any firearms or devices that are possessed, manufactured or transferred in compliance with federal law. END_STATUTE |
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| 67 | 67 | | |
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| 68 | 68 | | Be it enacted by the Legislature of the State of Arizona: |
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| 69 | 69 | | |
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| 70 | 70 | | Section 1. Section 8-202, Arizona Revised Statutes, as amended by Laws 2021, chapter 222, section 1 and chapter 240, section 1, is amended to read: |
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| 71 | 71 | | |
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| 72 | 72 | | START_STATUTE8-202. Jurisdiction of juvenile court |
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| 73 | 73 | | |
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| 74 | 74 | | A. The juvenile court has original jurisdiction over all delinquency proceedings brought under the authority of this title. |
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| 75 | 75 | | |
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| 76 | 76 | | B. The juvenile court has exclusive original jurisdiction over all proceedings: |
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| 77 | 77 | | |
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| 78 | 78 | | 1. Brought under the authority of this title except for delinquency proceedings. |
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| 79 | 79 | | |
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| 80 | 80 | | 2. In which the respondent to a request for a severe threat order of protection is under eighteen years of age. |
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| 81 | 81 | | |
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| 82 | 82 | | C. The juvenile court may consolidate any matter, except that the juvenile court shall not consolidate any of the following: |
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| 83 | 83 | | |
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| 84 | 84 | | 1. A criminal proceeding that is filed in another division of superior court and that involves a child who is subject to the jurisdiction of the juvenile court. |
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| 85 | 85 | | |
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| 86 | 86 | | 2. A delinquency proceeding with any other proceeding that does not involve delinquency, unless the juvenile delinquency adjudication proceeding is not heard at the same time or in the same hearing as a nondelinquency proceeding. |
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| 87 | 87 | | |
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| 88 | 88 | | D. The juvenile court has jurisdiction of proceedings to: |
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| 89 | 89 | | |
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| 90 | 90 | | 1. Obtain judicial consent to the marriage, employment or enlistment in the armed services of a child, if consent is required by law. |
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| 91 | 91 | | |
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| 92 | 92 | | 2. In an action in which parental rights are terminated pursuant to chapter 4, article 5 or 11 of this title, change the name of a minor child who is the subject of the action. If the minor child who is the subject of the action is twelve years of age or older, the court shall consider the wishes of the child with respect to the name change. |
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| 93 | 93 | | |
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| 94 | 94 | | E. The juvenile court has jurisdiction over civil traffic violations, civil marijuana violations and offenses listed in section 8-323, subsection B that are committed within the county by persons who are under eighteen years of age unless the presiding judge of the county declines jurisdiction of these cases. The presiding judge of the county may decline jurisdiction of civil traffic violations and civil marijuana violations committed within the county by juveniles if the presiding judge finds that the declination would promote the more efficient use of limited judicial and law enforcement resources located within the county. If the presiding judge declines jurisdiction, juvenile civil traffic violations and civil marijuana violations shall be processed, heard and disposed of in the same manner and with the same penalties as adult civil traffic violations. |
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| 95 | 95 | | |
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| 96 | 96 | | F. The orders of the juvenile court under the authority of this chapter or chapter 3 or 4 of this title take precedence over any order of any other court of this state except the court of appeals and the supreme court to the extent that they are inconsistent with orders of other courts. for the following: |
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| 97 | 97 | | |
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| 98 | 98 | | 1. An order entered in the criminal court concerning an ongoing case that governs a criminal defendant's ability to contact the victim, the family of the victim or other minor children if the criminal court makes a finding that contact with other minor children would pose a risk of harm to those children. |
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| 99 | 99 | | |
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| 100 | 100 | | 2. Orders by the court of appeals and the supreme court to the extent they are inconsistent with orders of other courts. |
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| 101 | 101 | | |
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| 102 | 102 | | G. Except as provided in subsection H of this section, jurisdiction of a child that is obtained by the juvenile court in a proceeding under this chapter or chapter 3 or 4 of this title shall be retained by it, for the purposes of implementing the orders made and filed in that proceeding, until the child becomes eighteen years of age, unless terminated by order of the court before the child's eighteenth birthday. |
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| 103 | 103 | | |
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| 104 | 104 | | H. At any time before an adjudication hearing or a proceeding in which a juvenile is admitting to an allegation in a petition that alleges the juvenile is delinquent, the state may file a notice of intent to retain jurisdiction over a juvenile who is seventeen years of age. If the state files a notice of intent to retain jurisdiction, the juvenile court's jurisdiction over a juvenile is retained on the filing of the notice and the court shall retain jurisdiction over the juvenile until the juvenile reaches nineteen years of age, unless before the juvenile's nineteenth birthday either: |
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| 105 | 105 | | |
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| 106 | 106 | | 1. Jurisdiction is terminated by order of the court. |
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| 107 | 107 | | |
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| 108 | 108 | | 2. The juvenile is discharged from the jurisdiction of the department of juvenile corrections pursuant to section 41-2820. |
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| 109 | 109 | | |
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| 110 | 110 | | I. Persons who are under eighteen years of age shall be prosecuted in the same manner as adults if either: |
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| 111 | 111 | | |
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| 112 | 112 | | 1. The juvenile court transfers jurisdiction pursuant to section 8-327. |
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| 113 | 113 | | |
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| 114 | 114 | | 2. The juvenile is charged as an adult with an offense listed in section 13-501. |
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| 115 | 115 | | |
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| 116 | 116 | | J. The juvenile court shall retain jurisdiction after a juvenile's eighteenth birthday for the purpose of: |
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| 117 | 117 | | |
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| 118 | 118 | | 1. Designating an undesignated felony offense as a misdemeanor or felony, including after an adjudication is set aside pursuant to section 8-348. |
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| 119 | 119 | | |
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| 120 | 120 | | 2. Modifying an outstanding monetary obligation imposed by the court except for victim restitution. |
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| 121 | 121 | | |
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| 122 | 122 | | 3. Implementing section 36-2862. |
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| 123 | 123 | | |
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| 124 | 124 | | K. The juvenile court has jurisdiction to make the initial determination prescribed in section 8-829 whether the voluntary participation of a qualified young adult in an extended foster care program pursuant to section 8-521.02 is in the young adult's best interests. END_STATUTE |
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| 125 | 125 | | |
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| 126 | 126 | | Sec. 2. Repeal |
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| 127 | 127 | | |
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| 128 | 128 | | START_STATUTESection 8-202, Arizona Revised Statutes, as amended by Laws 2021, chapter 435, section 1, is repealed.END_STATUTEEND_STATUTE |
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| 129 | 129 | | |
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| 130 | 130 | | Sec. 3. Section 8-208, Arizona Revised Statutes, is amended to read: |
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| 131 | 131 | | |
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| 132 | 132 | | START_STATUTE8-208. Juvenile court records; public inspection; exceptions |
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| 133 | 133 | | |
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| 134 | 134 | | A. The following records relating to a juvenile who is referred to juvenile court are open to public inspection: |
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| 135 | 135 | | |
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| 136 | 136 | | 1. Referrals involving delinquent acts, after the referrals have been made to the juvenile court or the county attorney has diverted the matter according to section 8-321. |
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| 137 | 137 | | |
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| 138 | 138 | | 2. Arrest records, after the juvenile is an accused as defined by section 13-501. |
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| 139 | 139 | | |
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| 140 | 140 | | 3. Delinquency hearings. |
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| 141 | 141 | | |
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| 142 | 142 | | 4. Disposition hearings. |
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| 143 | 143 | | |
|---|
| 144 | 144 | | 5. A summary of delinquency, disposition and transfer hearings. |
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| 145 | 145 | | |
|---|
| 146 | 146 | | 6. Revocation of probation hearings. |
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| 147 | 147 | | |
|---|
| 148 | 148 | | 7. Appellate review. |
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| 149 | 149 | | |
|---|
| 150 | 150 | | 8. Diversion proceedings involving delinquent acts. |
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| 151 | 151 | | |
|---|
| 152 | 152 | | B. On the request of an adult probation officer or state or local prosecutor, the juvenile court shall release to an adult probation department or prosecutor all information in its possession concerning a person who is charged with a criminal offense. |
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| 153 | 153 | | |
|---|
| 154 | 154 | | C. The juvenile court shall release all information in its possession concerning a person who is arrested for a criminal offense to superior court programs or departments, other court divisions or judges or as authorized by the superior court for the purpose of assisting in the determination of release from custody, bond and pretrial supervision. |
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| 155 | 155 | | |
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| 156 | 156 | | D. On request by the appropriate jail authorities for the purpose of determining classification, treatment and security, the juvenile court shall release all information in its possession concerning persons who are under eighteen years of age, who have been transferred from juvenile court for criminal prosecution and who are being held in a county jail pending trial. |
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| 157 | 157 | | |
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| 158 | 158 | | E. The court shall edit the records to protect the identity of the victim or the immediate family of the victim if the victim has died as a result of the alleged offense. |
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| 159 | 159 | | |
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| 160 | 160 | | F. Except as otherwise provided by law, the records of an adoption, severance or dependency proceeding shall not be open to public inspection. |
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| 161 | 161 | | |
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| 162 | 162 | | G. The court may order that the records be kept confidential and withheld from public inspection if the court determines that the subject matter of any record involves a clear public interest in confidentiality. |
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| 163 | 163 | | |
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| 164 | 164 | | H. The disclosure of educational records received pursuant to section 15-141 shall comply with the family educational rights and privacy rights act of 1974 (20 United States Code section 1232g). |
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| 165 | 165 | | |
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| 166 | 166 | | I. A petition for a severe threat order of protection and the order issued may be disclosed only if the court issues the severe threat order of protection. After a showing of the need for the information and that appropriate measures will be taken to limit further disclosure of the information, the petition and the order may be provided only to the parent or legal guardian of the minor respondent, law enforcement, a juvenile probation officer, a behavioral health professional, a school or school district that the minor respondent is attending or has attended in the year preceding the date of the order and a person who has been the named target of threats or acts committed by the minor respondent. END_STATUTE |
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| 167 | 167 | | |
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| 168 | 168 | | Sec. 4. Title 12, chapter 10, Arizona Revised Statutes, is amended by adding article 5, to read: |
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| 169 | 169 | | |
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| 170 | 170 | | ARTICLE 5. SEVERE THREAT ORDER OF PROTECTION |
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| 171 | 171 | | |
|---|
| 172 | 172 | | START_STATUTE12-1881. Definitions |
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| 173 | 173 | | |
|---|
| 174 | 174 | | In this article, unless the context otherwise requires: |
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| 175 | 175 | | |
|---|
| 176 | 176 | | 1. "Cruel mistreatment of an animal": |
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| 177 | 177 | | |
|---|
| 178 | 178 | | (a) Means to torture or otherwise inflict unnecessary serious physical injury on or death to an animal or to kill an animal in a manner that causes protracted suffering to the animal. |
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| 179 | 179 | | |
|---|
| 180 | 180 | | (b) Does not include activities that are regulated by the Arizona game and fish department or the Arizona department of agriculture. |
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| 181 | 181 | | |
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| 182 | 182 | | 2. "Family member" means, with respect to an individual, a spouse, child, stepchild, parent, stepparent, sibling, grandchild or grandparent of the individual, a person with whom the individual shares a child in common or the legal guardian of the individual. |
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| 183 | 183 | | |
|---|
| 184 | 184 | | 3. "Firearm" includes ammunition for a firearm. |
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| 185 | 185 | | |
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| 186 | 186 | | 4. "Household member" means with respect to an individual, a person who cohabitates or has cohabitated with the individual within the previous year. |
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| 187 | 187 | | |
|---|
| 188 | 188 | | 5. "Petitioner" means a person who is at least eighteen years of age and who is a family member, household member, significant other, probation officer, behavioral health professional or peace officer. |
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| 189 | 189 | | |
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| 190 | 190 | | 6. "Responsible custodian" means a person who may lawfully possess a firearm, who does not cohabitate with a person who is subject to a severe threat order of protection and who is approved by a court to take possession of a firearm that is surrendered by a person who is subject to a severe threat order of protection. |
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| 191 | 191 | | |
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| 192 | 192 | | 7. "Serious physical injury" has the same meaning prescribed in section 13-105. |
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| 193 | 193 | | |
|---|
| 194 | 194 | | 8. "Significant other" means, with respect to an individual, a person with whom the individual has been involved in a substantial and ongoing romantic relationship within the previous year. END_STATUTE |
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| 195 | 195 | | |
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| 196 | 196 | | START_STATUTE12-1882. Severe threat order of protection; ex parte temporary severe threat order of protection; requirements; service; request for hearing; notice; law enforcement notification; civil liability |
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| 197 | 197 | | |
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| 198 | 198 | | A. A petitioner may file a verified petition in the superior court or a municipal court requesting the court to issue a severe threat order of protection. An ex parte temporary severe threat order of protection and a severe threat order of protection prohibit a respondent from possessing a firearm based on the respondent's making a credible threat of death or serious physical injury or committing or attempting to commit an act of violence that resulted in or was intended to result in death or serious physical injury to self or others or cruel mistreatment of an animal. |
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| 199 | 199 | | |
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| 200 | 200 | | B. The petition for a severe threat order of protection must include all of the following: |
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| 201 | 201 | | |
|---|
| 202 | 202 | | 1. The petitioner's name. The petitioner's address shall be disclosed to the court for purposes of service. If the address of the petitioner is unknown to the respondent, the petitioner may request that the address be protected. On the petitioner's request, the address shall not be listed on the petition. Whether or not the court issues a severe threat order of protection, the protected address shall be maintained in a separate document or electronically and is not subject to release or disclosure by the court or to any form of public access except as ordered by the court. |
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| 203 | 203 | | |
|---|
| 204 | 204 | | 2. The respondent's name and address, if known, or, if the respondent is believed to be homeless, the cross streets of the area where the respondent may be located. |
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| 205 | 205 | | |
|---|
| 206 | 206 | | 3. A specific statement, including dates, locations and approximate times, of any of the following acts: |
|---|
| 207 | 207 | | |
|---|
| 208 | 208 | | (a) A credible threat of death or serious physical injury, an act of violence that resulted in death or serious physical injury or an attempted act of violence that was intended to cause death or serious physical injury against self or others or cruel mistreatment of an animal that occurred within the preceding six months. |
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| 209 | 209 | | |
|---|
| 210 | 210 | | (b) A specific behavior or act that justifies the reasonable belief that the respondent is a danger to self or others. |
|---|
| 211 | 211 | | |
|---|
| 212 | 212 | | 4. The relationship between the parties and whether there is or has been a severe threat order of protection, a domestic violence order of protection, an injunction against harassment or an injunction against workplace harassment in place between the parties. |
|---|
| 213 | 213 | | |
|---|
| 214 | 214 | | 5. Whether the petitioner knows if the respondent is currently or was previously the subject of a severe threat order of protection, a domestic violence order of protection, an injunction against harassment or an injunction against workplace harassment. |
|---|
| 215 | 215 | | |
|---|
| 216 | 216 | | 6. The name of the court in which any previous or pending proceeding or order was sought or issued concerning the respondent or of which the petitioner is aware. |
|---|
| 217 | 217 | | |
|---|
| 218 | 218 | | 7. A statement that, based on the information required in the petition, the petitioner reasonably believes a severe threat order of protection is necessary because the respondent poses a significant danger of imminently causing death or serious physical injury to self or others. |
|---|
| 219 | 219 | | |
|---|
| 220 | 220 | | C. The court shall review the petition, any other pleadings on file and any evidence offered by the petitioner, including any evidence of: |
|---|
| 221 | 221 | | |
|---|
| 222 | 222 | | 1. A recent credible threat to cause death or serious physical injury or an act or attempted act causing death or serious physical injury by the respondent against self or others. |
|---|
| 223 | 223 | | |
|---|
| 224 | 224 | | 2. A pattern of threats to cause death or serious physical injury or acts or attempted acts causing death or serious physical injury by the respondent within the preceding six months. Evidence that the respondent has violated an order of protection or an injunction against harassment may be used to demonstrate a pattern for the purposes of this paragraph. |
|---|
| 225 | 225 | | |
|---|
| 226 | 226 | | 3. The respondent's cruel mistreatment of an animal. |
|---|
| 227 | 227 | | |
|---|
| 228 | 228 | | 4. Known dangerous mental health issues of the respondent. |
|---|
| 229 | 229 | | |
|---|
| 230 | 230 | | 5. The respondent's having previously been subject to or currently being subject to a severe threat order of protection. |
|---|
| 231 | 231 | | |
|---|
| 232 | 232 | | 6. A conviction for a violent crime committed by the respondent. |
|---|
| 233 | 233 | | |
|---|
| 234 | 234 | | 7. A conviction for an offense involving unlawful use, threatening display or brandishing of a firearm by the respondent in violation of title 13, chapter 31 or a conviction for an offense in another jurisdiction that if committed in this state would be a violation of title 13, chapter 31. |
|---|
| 235 | 235 | | |
|---|
| 236 | 236 | | 8. The respondent's history of use, attempted use or threatened use of physical force against another person or stalking another person. |
|---|
| 237 | 237 | | |
|---|
| 238 | 238 | | 9. The respondent's recurring abuse of controlled substances or alcohol if the evidence demonstrates that the abuse is a contributing factor to the respondent's dangerousness or violence. |
|---|
| 239 | 239 | | |
|---|
| 240 | 240 | | D. The court shall either issue an ex parte temporary severe threat order of protection on the day the court receives the petition or the day after the court receives the petition, or the court may schedule a hearing on the petition within fourteen days after the court receives the petition and provide notice to the respondent of the hearing date. The court may order a mental health evaluation of the respondent at no cost to the respondent. The evaluation agency shall provide the evaluation results to the court before the hearing date. The court shall issue an ex parte temporary severe threat order of protection if the court determines that, based on the factors enumerated in this section, there is probable cause to believe that the respondent poses a danger to self or others and that, for the safety of the respondent and others, the respondent should not possess a firearm for the duration of the order. an ex parte temporary severe threat order of protection and a severe threat order of protection require the respondent to surrender all firearms that are owned or possessed by the respondent to a specific law enforcement agency. |
|---|
| 241 | 241 | | |
|---|
| 242 | 242 | | E. The court shall immediately transmit the petition and the ex parte temporary severe threat order of protection or the severe threat order of protection to the county sheriff or local law enforcement agency for the jurisdiction in which the person who is subject to the order resides. The person who is subject to the order shall be served with a copy of the petition and the ex parte temporary severe threat order of protection. The return of service must be filed within twenty-four hours after service with the clerk of the issuing court. |
|---|
| 243 | 243 | | |
|---|
| 244 | 244 | | F. An ex parte temporary severe threat order of protection expires in fourteen days. The court shall hold a hearing within fourteen days either after issuing an ex parte temporary severe threat order of protection or receiving the petition if the court did not issue an ex parte temporary severe threat order of protection. |
|---|
| 245 | 245 | | |
|---|
| 246 | 246 | | G. At the hearing, the respondent may present evidence and, if a mental health evaluation was conducted, the court shall consider the evaluation results. The court shall issue a severe threat order of protection if the court determines after the hearing that, based on the factors enumerated in this section, clear and convincing evidence exists to believe the respondent poses a danger to self or others and that, for the safety of the respondent and others, the respondent should not possess a firearm for the duration of the order. A severe threat order of protection expires one year after the date the order is served on the respondent. |
|---|
| 247 | 247 | | |
|---|
| 248 | 248 | | H. The respondent to an ex parte temporary severe threat order of protection and a severe threat order of protection may consult an attorney before a hearing is conducted pursuant to this section and may have an attorney present at any hearing held pursuant to this article. If the person who is subject to the order is a minor, the parent or legal guardian of the minor shall be immediately notified that the minor may consult and have an attorney present at any hearing that is held pursuant to this article. If the respondent is a minor, the minor shall be appointed a guardian ad litem for the pendency of the proceedings. |
|---|
| 249 | 249 | | |
|---|
| 250 | 250 | | I. Within ninety days after a severe threat order of protection is issued, the respondent who is subject to the order is entitled to one hearing on written request in order to quash the order. At the hearing, the respondent has the burden of proving by clear and convincing evidence that the respondent no longer poses a danger to self or others. A fee may not be charged for requesting a hearing. A hearing that is requested by the respondent who is subject to a severe threat order of protection shall be held at the earliest possible time but not later than ten days after the date of the request unless the court finds good cause to continue the hearing. An order that is issued pursuant to this section shall state that the respondent who is subject to the order is entitled to a hearing on written request and that the respondent may consult and have an attorney present at the hearing. The order shall include the name and address of the clerk of the court where the request may be filed and the name of the judicial officer who issued the order. |
|---|
| 251 | 251 | | |
|---|
| 252 | 252 | | J. Within twenty-four hours after a court issues an ex parte temporary severe threat order of protection or a severe threat order of protection the court must forward a copy of the order and proof of service, if applicable, to the sheriff's office in the county in which the order was issued for registration by the sheriff in a central repository. The sheriff shall register the order with the national crime information center and shall indicate on the file that the respondent is subject to firearm restrictions. Each county sheriff shall maintain a central repository to verify the existence and validity of a severe threat order of protection. |
|---|
| 253 | 253 | | |
|---|
| 254 | 254 | | K. Within twenty-four hours after a court modifies, extends or quashes an ex parte temporary severe threat order of protection or a severe threat order of protection, the court shall send a written order that modifies, extends or quashes the ex parte temporary severe threat order of protection or severe threat order of protection to the sheriff in the county where the original order was registered. The sheriff shall ensure that the national crime information center is updated with this information. |
|---|
| 255 | 255 | | |
|---|
| 256 | 256 | | L. A person who acts pursuant to this article in good faith on either actual knowledge or reliable information is not subject to civil liability for that act. |
|---|
| 257 | 257 | | |
|---|
| 258 | 258 | | M. If the court does not find the person who is subject to an ex parte temporary severe threat order of protection to be an immediate danger to self or others, the court shall notify the petitioner within twenty-four hours after that determination is made. END_STATUTE |
|---|
| 259 | 259 | | |
|---|
| 260 | 260 | | START_STATUTE12-1883. Severe threat order of protection extension |
|---|
| 261 | 261 | | |
|---|
| 262 | 262 | | A. Within forty-five days before a severe threat order of protection expires, a petitioner may file a verified petition in the superior court or a municipal court requesting that the order be extended for one year unless the person who is subject to the order provides clear and convincing evidence that the person is not a danger to self or others based on the factors prescribed in section 12-1882. |
|---|
| 263 | 263 | | |
|---|
| 264 | 264 | | B. If the court determines that the person who is subject to the order has failed to appear or respond to a petition to extend a severe threat order of protection after being personally served and given the opportunity for a hearing on the requested extension and unless the person who is subject to the order has provided clear and convincing evidence that the person who is subject to the order is not a danger to self or others based on the factors prescribed in section 12-1882, the court shall extend the severe threat order of protection for one year. |
|---|
| 265 | 265 | | |
|---|
| 266 | 266 | | C. If the court determines that the person who is subject to the order is not a danger to self or others after reviewing any evaluation results and the factors prescribed in section 12-1882, the court shall allow the severe threat order of protection to expire and follow the procedures prescribed in sections 12-1882 and 12-1885. END_STATUTE |
|---|
| 267 | 267 | | |
|---|
| 268 | 268 | | START_STATUTE12-1884. Applicability to minors; juvenile court transfer |
|---|
| 269 | 269 | | |
|---|
| 270 | 270 | | If the respondent to a petition for a severe threat order of protection is a minor, the petition shall be transferred to the juvenile court. END_STATUTE |
|---|
| 271 | 271 | | |
|---|
| 272 | 272 | | START_STATUTE12-1885. Prohibited possession of a firearm; firearm seizure; violation; classification |
|---|
| 273 | 273 | | |
|---|
| 274 | 274 | | A. A person who is subject to an ex parte temporary severe threat order of protection or a severe threat order of protection may not possess or purchase a firearm after the order has been served. A person who violates this section is guilty of a class 4 felony. |
|---|
| 275 | 275 | | |
|---|
| 276 | 276 | | B. If the person who is subject to an ex parte temporary severe threat order of protection or a severe threat order of protection is a minor and a parent, legal guardian or household member owns a firearm, the parent or legal guardian shall attest to the court under oath as part of the severe threat order of protection proceedings that the firearm is secured and that the minor who is subject to the order cannot access the firearm. |
|---|
| 277 | 277 | | |
|---|
| 278 | 278 | | C. A law enforcement officer who is serving an ex parte temporary severe threat order of protection or a severe threat order of protection may take temporary custody of any firearm that is in plain sight or discovered pursuant to a consensual or other lawful search and that is necessary for the protection of the law enforcement officer or other persons present as provided in section 13-3102, subsection L. |
|---|
| 279 | 279 | | |
|---|
| 280 | 280 | | D. If a firearm is seized and removed from the location pursuant to this section, the law enforcement officer shall provide the owner or possessor of the firearm with a receipt for each seized firearm. The receipt must include the identification or serial number or another identifying characteristic of each seized firearm. Each seized firearm shall be held safely and without being damaged for the duration of the severe threat order of protection or until the firearm is transferred to a responsible custodian pursuant to subsection F of this section. The firearm may be disposed of only in accordance with section 12-941. |
|---|
| 281 | 281 | | |
|---|
| 282 | 282 | | E. If a firearm is seized and removed from the location pursuant to this section, the petitioner shall be notified by the law enforcement agency that seized the firearm before the firearm is released. |
|---|
| 283 | 283 | | |
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| 284 | 284 | | F. If a person is subject to an ex parte temporary severe threat order of protection or a severe threat order of protection, the court shall order the person to turn over any firearms that are owned or possessed by the person to a law enforcement agency. The law enforcement agency shall notify the court of the person's compliance with this subsection within twenty-four hours after the order is served. At any time after the law enforcement agency notifies the court of the person's compliance with this subsection, the person who is subject to the order may submit the name of a responsible custodian to the court for approval. If approved by the court the responsible custodian shall take possession of the person's firearms after providing the law enforcement agency an affirmation stating that the person who is subject to the order will not have access to the firearm for the duration of the order and that the firearm will be safely held and not damaged. If a person who is subject to a severe threat order of protection does not own or possess a firearm, the person shall attest to the court under oath within twenty-four hours after being served with the order that the person does not own or possess a firearm. |
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| 285 | 285 | | |
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| 286 | 286 | | G. A law enforcement agency or responsible custodian who knowingly or negligently fails to maintain the surrendered firearm in the same condition that the firearm was in when surrendered is liable for any damages to the firearm. |
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| 287 | 287 | | |
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| 288 | 288 | | H. If a person who is subject to a severe threat order of protection that prohibits the possession of a firearm does not submit evidence of the person's compliance with subsection F of this section to a law enforcement agency within twenty-four hours after the order, the petitioner or a law enforcement officer may request that the court issue a search warrant to allow a law enforcement officer to search for and seize any firearm that is in the person's possession. |
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| 289 | 289 | | |
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| 290 | 290 | | I. After an order expires or is quashed, the court shall provide the person who is subject to the order with documentation that states that the order has expired or has been quashed and is no longer in effect. A law enforcement agency that has custody of a firearm shall release the firearm within forty-eight hours, excluding weekends and holidays, after the receipt of the evidence that the order has expired or been quashed or receipt of a court document evidencing that the person is not prohibited from possessing a firearm. |
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| 291 | 291 | | |
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| 292 | 292 | | J. If a firearm is not owned or possessed by the person who is subject to the order but is owned or possessed by a minor or household member, the parent or legal guardian shall submit an affidavit to the court stating that appropriate measures have been taken to ensure that the person who is subject to the order will not have access to the firearm. Appropriate measures include securing the firearm at another location, securing the firearm in an appropriate safe or other measures that will ensure the person who is subject to the order cannot access the firearm. |
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| 293 | 293 | | |
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| 294 | 294 | | K. If a person has been found to constitute a danger to self or others and the court enters a severe threat order of protection pursuant to section 12-1882 or 12-1883, the court shall follow the procedures prescribed in section 12-1882. The superior court may access the information of a person who is subject to a severe threat order of protection to enforce or facilitate an order. |
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| 295 | 295 | | |
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| 296 | 296 | | L. On request, the clerk of the court shall provide certified copies of the order to a law enforcement or prosecuting agency that is investigating or prosecuting a prohibited possessor as defined in section 13-3101. |
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| 297 | 297 | | |
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| 298 | 298 | | M. A person is guilty of a class 4 felony if the person both: |
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| 299 | 299 | | |
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| 300 | 300 | | 1. Intentionally or knowingly allows access to a firearm by a person who is subject to an ex parte temporary severe threat order of protection or a severe threat order of protection. |
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| 301 | 301 | | |
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| 302 | 302 | | 2. Knows the person is prohibited from possessing a firearm. END_STATUTE |
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| 303 | 303 | | |
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| 304 | 304 | | Sec. 5. Section 13-2703, Arizona Revised Statutes, is amended to read: |
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| 305 | 305 | | |
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| 306 | 306 | | START_STATUTE13-2703. False swearing; classification |
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| 307 | 307 | | |
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| 308 | 308 | | A. A person commits false swearing by making a false sworn statement, believing it to be false. |
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| 309 | 309 | | |
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| 310 | 310 | | B. False swearing is a class 6 felony, except that it is a class 5 felony if the person makes the false sworn statement for the purpose of obtaining a severe threat order of protection. END_STATUTE |
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| 311 | 311 | | |
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| 312 | 312 | | Sec. 6. Section 13-3101, Arizona Revised Statutes, is amended to read: |
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| 313 | 313 | | |
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| 314 | 314 | | START_STATUTE13-3101. Definitions |
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| 315 | 315 | | |
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| 316 | 316 | | A. In this chapter, unless the context otherwise requires: |
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| 317 | 317 | | |
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| 318 | 318 | | 1. "Deadly weapon" means anything that is designed for lethal use. The term includes a firearm. |
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| 319 | 319 | | |
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| 320 | 320 | | 2. "Deface" means to remove, alter or destroy the manufacturer's serial number. |
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| 321 | 321 | | |
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| 322 | 322 | | 3. "Explosive" means any dynamite, nitroglycerine, black powder, or other similar explosive material, including plastic explosives. Explosive does not include ammunition or ammunition components such as primers, percussion caps, smokeless powder, black powder and black powder substitutes used for hand loading purposes. |
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| 323 | 323 | | |
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| 324 | 324 | | 4. "Firearm" means any loaded or unloaded handgun, pistol, revolver, rifle, shotgun or other weapon that will expel, is designed to expel or may readily be converted to expel a projectile by the action of an explosive. Firearm does not include a firearm in permanently inoperable condition. |
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| 325 | 325 | | |
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| 326 | 326 | | 5. "Improvised explosive device" means a device that incorporates explosives or destructive, lethal, noxious, pyrotechnic or incendiary chemicals and that is designed to destroy, disfigure, terrify or harass. |
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| 327 | 327 | | |
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| 328 | 328 | | 6. "Occupied structure" means any building, object, vehicle, watercraft, aircraft or place with sides and a floor that is separately securable from any other structure attached to it, that is used for lodging, business, transportation, recreation or storage and in which one or more human beings either are or are likely to be present or so near as to be in equivalent danger at the time the discharge of a firearm occurs. Occupied structure includes any dwelling house, whether occupied, unoccupied or vacant. |
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| 329 | 329 | | |
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| 330 | 330 | | 7. "Prohibited possessor" means any person: |
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| 331 | 331 | | |
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| 332 | 332 | | (a) Who has been found to constitute a danger to self or to others or to have a persistent or acute disability or grave disability pursuant to court order pursuant to section 36-540, and whose right to possess a firearm has not been restored pursuant to section 13-925. |
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| 333 | 333 | | |
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| 334 | 334 | | (b) Who has been convicted within or without this state of a felony or who has been adjudicated delinquent for a felony and whose civil right to possess or carry a firearm has not been restored. |
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| 335 | 335 | | |
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| 336 | 336 | | (c) Who is at the time of possession serving a term of imprisonment in any correctional or detention facility. |
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| 337 | 337 | | |
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| 338 | 338 | | (d) Who is at the time of possession serving a term of probation pursuant to a conviction for a domestic violence offense as defined in section 13-3601 or a felony offense, parole, community supervision, work furlough, home arrest or release on any other basis or who is serving a term of probation or parole pursuant to the interstate compact under title 31, chapter 3, article 4.1. |
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| 339 | 339 | | |
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| 340 | 340 | | (e) Who is an undocumented alien or a nonimmigrant alien traveling with or without documentation in this state for business or pleasure or who is studying in this state and who maintains a foreign residence abroad. This subdivision does not apply to: |
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| 341 | 341 | | |
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| 342 | 342 | | (i) Nonimmigrant aliens who possess a valid hunting license or permit that is lawfully issued by a state in the United States. |
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| 343 | 343 | | |
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| 344 | 344 | | (ii) Nonimmigrant aliens who enter the United States to participate in a competitive target shooting event or to display firearms at a sports or hunting trade show that is sponsored by a national, state or local firearms trade organization devoted to the competitive use or other sporting use of firearms. |
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| 345 | 345 | | |
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| 346 | 346 | | (iii) Certain diplomats. |
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| 347 | 347 | | |
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| 348 | 348 | | (iv) Officials of foreign governments or distinguished foreign visitors who are designated by the United States department of state. |
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| 349 | 349 | | |
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| 350 | 350 | | (v) Persons who have received a waiver from the United States attorney general. |
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| 351 | 351 | | |
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| 352 | 352 | | (f) Who has been found incompetent pursuant to rule 11, Arizona rules of criminal procedure, and who subsequently has not been found competent. |
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| 353 | 353 | | |
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| 354 | 354 | | (g) Who is found guilty except insane. |
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| 355 | 355 | | |
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| 356 | 356 | | (h) Who is subject to a valid ex parte temporary severe threat order of protection or a severe threat order of protection if the person was personally served with the order. |
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| 357 | 357 | | |
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| 358 | 358 | | 8. "Prohibited weapon": |
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| 359 | 359 | | |
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| 360 | 360 | | (a) Includes the following: |
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| 361 | 361 | | |
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| 362 | 362 | | (i) An item that is a bomb, grenade, rocket having a propellant charge of more than four ounces or mine and that is explosive, incendiary or poison gas. |
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| 363 | 363 | | |
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| 364 | 364 | | (ii) A device that is designed, made or adapted to muffle the report of a firearm. |
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| 365 | 365 | | |
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| 366 | 366 | | (iii) A firearm that is capable of shooting more than one shot automatically, without manual reloading, by a single function of the trigger. |
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| 367 | 367 | | |
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| 368 | 368 | | (iv) A rifle with a barrel length of less than sixteen inches, or shotgun with a barrel length of less than eighteen inches, or any firearm that is made from a rifle or shotgun and that, as modified, has an overall length of less than twenty-six inches. |
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| 369 | 369 | | |
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| 370 | 370 | | (v) A breakable container that contains a flammable liquid with a flash point of one hundred fifty degrees Fahrenheit or less and that has a wick or similar device capable of being ignited. |
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| 371 | 371 | | |
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| 372 | 372 | | (vi) A chemical or combination of chemicals, compounds or materials, including dry ice, that is possessed or manufactured for the purpose of generating a gas to cause a mechanical failure, rupture or bursting or an explosion or detonation of the chemical or combination of chemicals, compounds or materials. |
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| 373 | 373 | | |
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| 374 | 374 | | (vii) An improvised explosive device. |
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| 375 | 375 | | |
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| 376 | 376 | | (viii) Any combination of parts or materials that is designed and intended for use in making or converting a device into an item set forth in item (i), (v) or (vii) of this subdivision. |
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| 377 | 377 | | |
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| 378 | 378 | | (b) Does not include: |
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| 379 | 379 | | |
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| 380 | 380 | | (i) Any fireworks that are imported, distributed or used in compliance with state laws or local ordinances. |
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| 381 | 381 | | |
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| 382 | 382 | | (ii) Any propellant, propellant actuated devices or propellant actuated industrial tools that are manufactured, imported or distributed for their intended purposes. |
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| 383 | 383 | | |
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| 384 | 384 | | (iii) A device that is commercially manufactured primarily for the purpose of illumination. |
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| 385 | 385 | | |
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| 386 | 386 | | 9. "Trafficking" means to sell, transfer, distribute, dispense or otherwise dispose of a weapon or explosive to another person, or to buy, receive, possess or obtain control of a weapon or explosive, with the intent to sell, transfer, distribute, dispense or otherwise dispose of the weapon or explosive to another person. |
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| 387 | 387 | | |
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| 388 | 388 | | B. The items set forth in subsection A, paragraph 8, subdivision (a), items (i), (ii), (iii) and (iv) of this section do not include any firearms or devices that are possessed, manufactured or transferred in compliance with federal law. END_STATUTE |
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