Arizona 2023 Regular Session

Arizona House Bill HB2179 Compare Versions

Only one version of the bill is available at this time.

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1	1	REFERENCE TITLE: firearm transfers; domestic violence; offenses State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023 HB 2179 Introduced by Representatives Longdon: Gutierrez, Schwiebert, Seaman, Stahl Hamilton, Terech, Travers, Senator Alston An Act amending sections 12-284 and 13-3101, Arizona Revised Statutes; amending title 13, chapter 36, Arizona Revised Statutes, by adding section 13-3601.03; amending section 13-3602, Arizona Revised Statutes; relating to firearms. (TEXT OF BILL BEGINS ON NEXT PAGE)
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9	9	REFERENCE TITLE: firearm transfers; domestic violence; offenses
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46	46	Representatives Longdon: Gutierrez, Schwiebert, Seaman, Stahl Hamilton, Terech, Travers, Senator Alston
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56	56	amending sections 12-284 and 13-3101, Arizona Revised Statutes; amending title 13, chapter 36, Arizona Revised Statutes, by adding section 13-3601.03; amending section 13-3602, Arizona Revised Statutes; relating to firearms.
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66	66	Be it enacted by the Legislature of the State of Arizona: Section 1. Section 12-284, Arizona Revised Statutes, is amended to read: START_STATUTE12-284. Fees A. Except as otherwise provided by law, the clerk of the superior court shall receive fees classified as follows: Class Description Fee A Initial case filing fee Tax case $ 188.00 Filing complaint, notice of appeal under section 12-904 or petition 188.00 Filing intervenor 188.00 Additional plaintiffs 188.00 Filing foreign judgment 188.00 Ownership of real property becomes an issue plaintiff 188.00 Appellant (except under sections 12-1809 and 13-3602) 188.00 Change of venue to this county 188.00 Petition for change of name 188.00 Filing a process server application 188.00 B Subsequent case filing fee Filing answer, notice of appearance under section 12-907 or initial appearance $ 100.00 Additional defendants 100.00 Notice of appeal to appellate courts (except under section 12-2107) 100.00 Cross-appeal by appellee (except under section 12-2107) 100.00 Ownership of real property becomes an issue defendant 100.00 Jurisdiction exceeded appellee (within 20 days of filing) 100.00 Response to show cause that does one or more of the following: 1. Requests affirmative relief or counterrelief 2. Attacks the sufficiency of process or the proceedings 3. Takes other affirmative action 100.00 C Initial case filing fee Filing petition for annulment $ 149.00 Filing for dissolution/legal separation petition 149.00 Petition in formal testacy or appointment proceeding 149.00 Application for informal probate or informal appointment 149.00 Petition for supervised administration petition to appoint guardian 149.00 Petition to appoint conservator or make other protective order 149.00 Opposing petition in testacy or appointment proceedings or appointment of guardian or conservator 149.00 Single estate application or petition under title 14, chapter 3, section 14-3938 149.00 Domestic relations case for which a fee is not specifically prescribed 149.00 D Subsequent case filing fee Filing answer to annulment $ 74.00 Filing for dissolution/legal separation answer 74.00 Any person opposing contested petition if no prior payment made 74.00 Postadjudication petitions in domestic relations cases 74.00 Postjudgment activities in probate cases 74.00 E Minimum clerk fee Filing power of attorney $ 30.00 Change of venue to another county transmittal fee 30.00 Change of venue to another county pursuant to section 12-404 transmittal fee 30.00 Filing transcript and docketing judgment from any courts 30.00 Issuance of writs of: attachment, execution, possession, restitution, prohibition and enforcement of order of judgment-garnishment 30.00 Certified copy or abstract of marriage application or license 30.00 Certificate of correctness of copy of record 30.00 Justice of peace certificate 30.00 Each certificate of clerk to any matter in clerk's record not specifically provided 30.00 Filing any paper or performing any act for which a fee is not specifically prescribed 30.00 Subpoena (civil) 30.00 Research in locating a document (per year or source researched) 30.00 Exemplification (per certification) 30.00 Authentication (per certification) 30.00 Seal a court file 30.00 Reopen a sealed court file 30.00 Retrieve bank records 30.00 Reel of film alpha index per year (plus per page fee below) 30.00 Payment history report 30.00 Certification under one document certification 30.00 Civil traffic appeal 30.00 F Per page fee Making copies (on appeal and on request) per page $ .50 Making extra copies per page .50 Making photographic or photostatic copies per page .50 Comparison fee of papers furnished by applicant per page .50 Alpha index per page .50 G Special fees Small claim tax case $ 24.00 Marriage license and return of a marriage license 83.00 Postage and handling 7.00 Notary services 7.00 Stop payment on check 16.00 B. The clerk of the superior court shall receive the fees prescribed in subsection A of this section for the following services: 1. Making copies of papers and records required to be made by the clerk on appeal, and copies of papers and records in the clerk's office made on request in other cases, for each legal size page of original. 2. Making extra copies of the papers and records mentioned in paragraph 1 of this subsection, required or requested for each page of copy of such papers and records. 3. In a clerk's office, in which a photographic or photostatic method of recording is used or is available for use in cooperation with other public offices, preparing copies enumerated in paragraphs 1 and 2 of this subsection for each page of copy or fraction of a page of copy. Portions of several pages of records may be combined in one page of copy. The clerk may prepare an abstract of marriage in lieu of a reproduction of the recorded marriage license. The fee shall apply to matters whether recorded in such office by longhand, typing, electronic, photographic or photostatic methods. The fees for copies are exclusive of the fees for certification or authentication. 4. Issuing a certificate as to official capacity of a justice of the peace and affixing a seal to the certificate. 5. Each subpoena issued in a civil proceeding or filing any paper or performing any act for which a fee is not specifically prescribed by law, but the clerk shall not charge for the clerk's services in administering the oath in connection with any affidavit, petition, letters or other pleading or document that, after administration of the oath, is promptly filed by the clerk and becomes a part of a case or matter of record in the office of the clerk. C. In addition to the fees required by subsection A of this section, the clerk shall charge and collect a surcharge of fifteen dollars $15 for each filing of a postadjudication petition in a domestic relations case for which a fee presently is charged under class D in subsection A of this section. The surcharge shall be used exclusively to fund domestic relations education and mediation programs established pursuant to section 25-413. Each month the clerk shall transmit the monies the clerk collects pursuant to this subsection to the county treasurer for deposit in the domestic relations education and mediation fund established by section 25-413. D. Excluding the monies that are collected pursuant to subsection C of this section, each month the clerk shall transmit seventy-five percent of the monies collected for subsequent case filing fees for postadjudication petitions in domestic relations cases under class D in subsection A of this section to the county treasurer for deposit in the expedited child support and parenting time fund established pursuant to section 25-412. The remaining twenty-five percent of the monies collected pursuant to this subsection shall be distributed pursuant to section 12-284.03. E. At the commencement of each action for annulment, dissolution of marriage, legal separation, maternity or paternity, the petitioner shall pay to the clerk of the court the initial case filing fee for the action provided in subsection A of this section. At the time of filing a response, the respondent shall pay to the clerk of the court the subsequent case filing fee for the action provided in subsection A of this section. In each county where the superior court has established a conciliation court, the petitioner and respondent shall each pay to the clerk a sixty-five dollar $65 fee. The monies from the additional fee shall be used to carry out the purposes of the conciliation court pursuant to title 25, chapter 3, article 7. F. In garnishment matters: 1. A fee shall not be charged for filing an affidavit seeking only the release of exempt wages. 2. A fee shall not be charged for filing a garnishee's answer, for filing a judgment against the garnishee or for the issuance or return of process incident to such a judgment. 3. For any contest relating to or any controversion of a garnishment matter, unless the contesting party has paid an appearance fee in that cause, the required appearance fee shall be paid, except that the garnishee shall not pay a clerk's fee. G. A person who is cited to appear and defend an order to show cause shall not be charged an appearance fee. The person may stipulate to or consent to the entry of an order without the payment of an appearance fee. An appearance fee shall be paid if the person is present in person or by an attorney and does one or more of the following: 1. Requests affirmative relief or counterrelief. 2. Attacks the sufficiency of process or the proceedings. 3. Takes other affirmative action. H. A petitioner shall not be charged a fee for requesting an order of protection pursuant to section 13-3602 or an injunction against harassment pursuant to section 12-1809. A defendant shall not be charged an answer fee in an order of protection action if the defendant requests a hearing pursuant to section 13-3602, subsection L N or in an injunction against harassment action if the defendant requests a hearing pursuant to section 12-1809, subsection H. I. A person who files a registrar's order pursuant to section 32-1166.06 shall not be charged a fee. J. The clerk of the court shall charge and collect a forty-six dollar $46 filing fee for a petition for emancipation of a minor filed pursuant to chapter 15 of this title. Each month the clerk shall transmit the monies the clerk collects pursuant to this subsection to the county treasurer for deposit in the emancipation administrative costs fund established by section 12-2456. K. Except for monies that are collected pursuant to subsections C, D, E and J of this section, the clerk of the superior court shall transmit monthly to the county treasurer all monies collected pursuant to this section for distribution or deposit pursuant to section 12-284.03. L. The supreme court may increase the fees prescribed in subsection A of this section in an amount not to exceed the percent of change in the average consumer price index as published by the United States department of labor, bureau of labor statistics between that figure for the latest calendar year and the calendar year in which the last fee increase occurred. END_STATUTE Sec. 2. 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 has been convicted of either: (i) A domestic violence offense as defined in section 13-3601 if the offense involved a dangerous crime against children as defined in section 13-705 or an offense prescribed in section 13-1102, 13-1103 or 13-1104, section 13-1202, subsection A, paragraph 1, section 13-1203, subsection A, paragraph 1 or 3, section 13-1204, subsection A, paragraph 1, 2, 3, 4 or 7 or subsection B, section 13-1303, 13-1304 or 13-1406 or section 13-2904, subsection A, paragraph 1 or 6. (ii) Any other offense that was committed within or without this state and that involves the use or attempted use of physical force or the threatened use of a deadly weapon if section 13-3601, subsection A, paragraph 1, 2, 3, 4, 5 or 6 applies to the relationship between the victim and the defendant. (i) Who is subject to an order of protection that was issued pursuant to section 13-3602 or a similar law in another jurisdiction, and the order was issued after the person received notice and had an opportunity to participate in the proceedings. 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 Sec. 3. Title 13, chapter 36, Arizona Revised Statutes, is amended by adding section 13-3601.03, to read: START_STATUTE13-3601.03. Domestic violence; prohibited possessor; firearm transfer order; firearm disposal; immunity; search warrant; definition A. At the time of sentencing, the court shall inform, either orally or in writing, a person who is a prohibited possessor as defined in section 13-3101, subsection A, paragraph 7, subdivision (h) that the person is prohibited from owning or possessing a firearm. The court shall indicate on the record of conviction that the conviction prohibits the person from possessing a firearm pursuant to section 13-3101, subsection A, paragraph 7, subdivision (h) and section 13-3102, subsection A, paragraph 4 and order the person to transfer all firearms that the person owns or possesses to the appropriate law enforcement agency or a federally licensed firearms dealer Within twenty-four hours after the court issues the order. B. The law enforcement agency or federally licensed firearms dealer that takes possession of a transferred firearm shall provide a proof of transfer to the person who surrendered the firearm. The proof of transfer shall include the name of the firearm owner or possessor, the date of the transfer and the serial number and make and model of the transferred firearm. C. Within forty-eight hours after the person is served with a transfer order, the person shall either: 1. Attest to the court that the person did not own or possess any firearm at the time of conviction and does not currently own or possess any firearm. 2. File a proof of transfer with the sentencing court and attest to the court that all firearms owned or possessed by the person were transferred to the appropriate law enforcement agency or a federally licensed firearms dealer. D. After providing notice to the owner of a transferred firearm, the law enforcement agency or federally licensed firearms dealer that receives a transferred firearm may dispose of the firearm in accordance with state and federal law. The law enforcement agency or federally licensed firearms dealer shall provide all monies received from the disposal of the firearm to the original firearm owner except for any costs associated with taking possession of, storing and disposing of the firearm. E. A person who is subject to a transfer order may not be prosecuted for possessing, carrying or transporting a firearm if all of the following apply: 1. the person possesses the written transfer order. 2. the firearm is unloaded. 3. The person is transporting the firearm directly to the appropriate law enforcement agency or a federally licensed firearms dealer. F. If the plaintiff or a peace officer files an affidavit alleging that the person has failed to transfer a firearm, the court shall determine whether probable cause exists to believe that the person has failed to transfer a firearm that the person owns or possesses. If the court finds that probable cause exists, the court shall issue a warrant that describes the firearm possessed by the person and that authorizes a search of the location where the firearm is reasonably believed to be and the seizure of any firearm that is owned or possessed by the person and discovered pursuant to the search. The Failure to comply with the surrender of a firearm is grounds for the issuance of a search warrant. G. For the purposes of this section, "domestic violence offense" means an offense involving domestic violence as defined in section 13-3601. END_STATUTE Sec. 4. Section 13-3602, Arizona Revised Statutes, is amended to read: START_STATUTE13-3602. Order of protection; procedure; contents; arrest for violation; penalty; protection order from another jurisdiction; definition A. A person may file a verified petition, as in civil actions, with a magistrate, justice of the peace or superior court judge for an order of protection for the purpose of restraining a person from committing an act included in domestic violence. If the person is a minor, the parent, legal guardian or person who has legal custody of the minor shall file the petition unless the court determines otherwise. The petition shall name the parent, guardian or custodian as the plaintiff and the minor is a specifically designated person for the purposes of subsection G of this section. If a person is either temporarily or permanently unable to request an order, a third party may request an order of protection on behalf of the plaintiff. After the request, the judicial officer shall determine if the third party is an appropriate requesting party for the plaintiff. For the purposes of this section, notwithstanding the location of the plaintiff or defendant, any court in this state may issue or enforce an order of protection. B. An order of protection shall not be granted: 1. Unless the party who requests the order files a written verified petition for an order. 2. Against a person who is less than twelve years of age unless the order is granted by the juvenile division of the superior court. 3. Against more than one defendant. C. The petition shall state the: 1. Name of the plaintiff. The plaintiff's address and contact information shall be disclosed to the court for purposes of service and notification. The address and contact information shall not be listed on the petition. Whether or not the court issues an order of protection, the plaintiff's address and contact information shall be maintained in a separate document or automated database and is not subject to release or disclosure by the court or any form of public access except as ordered by the court. 2. Name and address, if known, of the defendant. 3. Specific statement, including dates, of the domestic violence alleged. 4. Relationship between the parties pursuant to section 13-3601, subsection A and whether there is pending between the parties an action for maternity or paternity, annulment, legal separation or dissolution of marriage. 5. Name of the court in which any prior or pending proceeding or order was sought or issued concerning the conduct that is sought to be restrained. 6. Desired relief. D. A fee shall not be charged for filing a petition under this section or for service of process. Each court shall provide, without charge, forms for purposes of this section for assisting parties without counsel. The court shall make reasonable efforts to provide the appropriate information to both parties on emergency and counseling services that are available in the local area. E. The court shall review the petition, any other pleadings on file and any evidence offered by the plaintiff, including any evidence of harassment by electronic contact or communication, to determine whether the orders requested should issue without further hearing. The court shall issue an order of protection under subsection G of this section if the court determines that there is reasonable cause to believe any of the following: 1. The defendant may commit an act of domestic violence. 2. The defendant has committed an act of domestic violence within the past year or within a longer period of time if the court finds that good cause exists to consider a longer period. F. For the purposes of determining the period of time under subsection E, paragraph 2 of this section, any time that the defendant has been incarcerated or out of this state shall not be counted. If the court denies the requested relief, it may schedule a further hearing within ten days, with reasonable notice to the defendant. G. If a court issues an order of protection, the court may do any of the following: 1. Enjoin the defendant from committing a violation of one or more of the offenses included in domestic violence. 2. Grant one party the use and exclusive possession of the parties' residence on a showing that there is reasonable cause to believe that physical harm may otherwise result. If the other party is accompanied by a law enforcement officer, the other party may return to the residence on one occasion to retrieve belongings. A law enforcement officer is not liable for any act or omission in the good faith exercise of the officer's duties under this paragraph. While the order of protection is in effect, if a party was granted the use and exclusive possession of the parties' residence and subsequently moves out of the house residence, the party must file a notice in writing with the court within five days after moving out of the residence. After receiving the notification from the plaintiff, the court shall provide notice to the defendant that the plaintiff has moved out of the residence and of the defendant's right to request a hearing pursuant to subsection L N of this section. 3. Restrain the defendant from contacting the plaintiff or other specifically designated persons and from coming near the residence, place of employment or school of the plaintiff or other specifically designated locations or persons on a showing that there is reasonable cause to believe that physical harm may otherwise result. 4. If the order of protection was issued before notice and a hearing at which the defendant had an opportunity to participate and the court finds that the defendant is a credible threat to the physical safety of the plaintiff or other specifically designated persons, prohibit the defendant from possessing or purchasing a firearm for the duration of the order. If the court prohibits the defendant from possessing a firearm, the court shall also order the defendant to transfer any firearm owned or possessed by the defendant immediately after service of the order to the appropriate law enforcement agency or a federally licensed firearms dealer for the duration of the order. If the defendant does not immediately transfer the firearm, the defendant shall transfer the firearm within twenty-four hours after service of the order in accordance with the requirements prescribed in subsection I of this section. 5. If the order was issued after notice and a hearing at which the defendant had an opportunity to participate, require the defendant to complete a domestic violence offender treatment program that is provided by a facility approved by the department of health services or a probation department or any other program deemed appropriate by the court. 6. Grant relief that is necessary for the protection of the alleged victim and other specifically designated persons and that is proper under the circumstances. 7. Grant the plaintiff the exclusive care, custody or control of any animal that is owned, possessed, leased, kept or held by the plaintiff, the defendant or a minor child residing in the residence or household of the plaintiff or the defendant, and order the defendant to stay away from the animal and forbid the defendant from taking, transferring, encumbering, concealing, committing an act of cruelty or neglect in violation of section 13-2910 or otherwise disposing of the animal. H. If the court issues an order of protection after notice and a hearing at which the defendant had an opportunity to participate, The court shall prohibit the defendant from possessing or purchasing a firearm and shall order the defendant to transfer any firearm owned or possessed by the defendant immediately after service of the order to the appropriate law enforcement agency or a federally licensed firearms dealer for the duration of the order. If the defendant does not immediately transfer the firearm, the defendant shall transfer the firearm within twenty-four hours after service of the transfer order. I. If a defendant is ordered to transfer a firearm to the appropriate law enforcement agency or a federally licensed firearms dealer pursuant to subsection G, paragraph 4 or subsection H of this section, all of the following apply: 1. The law enforcement agency or federally licensed firearms dealer that takes possession of a transferred firearm shall provide a proof of transfer to the defendant who surrendered the firearm. The proof of transfer shall include the name of the firearm owner or possessor, the date of the transfer and the serial number and make and model of the transferred firearm. 2. Within forty-eight hours after service of the transfer order, the defendant shall either: (a) Attest to the court that the defendant did not own or possess any firearm when the defendant received the transfer order and does not currently own or possess any firearm. (b) File a proof of transfer with the court and attest to the court that all firearms owned or possessed by the defendant were transferred to the appropriate law enforcement agency or a federally licensed firearms dealer. 3. After the order of protection expires and on the defendant's request, the law enforcement agency or federally licensed firearms dealer shall return any temporarily transferred firearm to the defendant unless the order is extended or the defendant is otherwise prohibited from possessing a firearm pursuant to federal or state law. Before returning a firearm to the defendant, the law enforcement agency or federally licensed firearms dealer must conduct a check of available records and contact the national instant criminal background check system to ensure that the defendant is no longer prohibited from possessing a firearm pursuant to federal or state law. 4. A defendant who is subject to a transfer order may not be prosecuted for possessing, carrying or transporting a firearm if all of the following apply: (a) the defendant possesses the written transfer order. (b) the firearm is unloaded. (c) The defendant is transporting the firearm directly to the appropriate law enforcement agency or a federally licensed firearms dealer. 5. If the plaintiff or a peace officer files an affidavit alleging that the defendant has failed to transfer a firearm, the court shall determine whether probable cause exists to believe that the defendant has failed to transfer a firearm that the defendant owns or possesses. If the court finds that probable cause exists, the court shall issue a warrant that describes the firearm possessed by the defendant and that authorizes a search of the location where the firearm is reasonably believed to be and the seizure of any firearm that is owned or possessed by the defendant and discovered pursuant to the search. The Failure to comply with the surrender of a firearm is grounds for the issuance of a search warrant. H. J. The court shall not grant a mutual order of protection. If opposing parties separately file verified petitions for an order of protection, the courts after consultation between the judges involved may consolidate the petitions of the opposing parties for hearing. This does not prohibit a court from issuing cross orders of protection. I. K. After granting an order of protection, the court shall provide the order to a law enforcement agency or a constable as set forth in subsection J L of this section for service or to an entity that is authorized in subsection K M of this section to serve process. The agency or entity serving the order shall provide confirmation of service to the plaintiff as soon as practicable. If service of an order cannot be completed within fifteen days after the agency or entity receives the order, the agency or entity that is attempting service shall notify the plaintiff and continue to attempt service. This notification may be completed by a victim notification system, if available. J. L. If the order of protection is provided to a law enforcement agency or a constable, service of an order of protection is as follows: 1. For each order of protection that is issued by a municipal court, if the defendant can be served within that city or town, the order shall be served by the law enforcement agency of that city or town. If the order can be served in another city or town, the order shall be served by the law enforcement agency of that city or town. If the order cannot be served within a city or town, the order shall be served by the sheriff or constable of the county in which the defendant can be served. 2. For each order of protection that is issued by a justice of the peace, the order of protection shall be served by the sheriff or constable of the county in which the defendant can be served or by a municipal law enforcement agency. 3. For each order of protection that is issued by a superior court judge or commissioner, the order of protection shall by served by the sheriff or constable of the county where the defendant can be served. K. M. In addition to persons authorized to serve process pursuant to rule 4(d) of the Arizona rules of civil procedure, a peace officer or a correctional officer as defined in section 41-1661 who is acting in the officer's official capacity may serve an order of protection that is issued pursuant to this section. Service of the order of protection has priority over other service of process that does not involve an immediate threat to the safety of a person. L. N. At any time during the period during which the order is in effect, a party who is under an order of protection or who is restrained from contacting the other party is entitled to one hearing on written request. No fee may be charged for requesting a hearing. A hearing that is requested by a party who is under an order of protection or who is restrained from contacting the other party shall be held within ten days from the date requested unless the court finds good cause to continue the hearing. If exclusive use of the home is awarded, the hearing shall be held within five days from the date requested. The hearing shall be held at the earliest possible time. An ex parte order that is issued under this section shall state on its face that the defendant is entitled to a hearing on written request and shall include the name and address of the judicial office where the request may be filed. After the hearing, the court may modify, quash or continue the order. If the exclusive use of the home is awarded to the party, the court, on written request of a party, may hold additional hearings at any time if there is a change in circumstances related to the primary residence. M. O. The order shall include the following statement: Warning This is an official court order. If you disobey this order, you will be subject to arrest and prosecution for the crime of interfering with judicial proceedings and any other crime you may have committed in disobeying this order. N. P. An order of protection that is not served on the defendant within one year after the date that the order is issued expires. An order is effective on the defendant on service of a copy of the order and petition. An order expires two years after service on the defendant. A modified order is effective on service and expires two years after service of the initial order and petition. O. Q. A supplemental information form that is used by the court or a law enforcement agency solely for the purposes of service of process on the defendant and that contains information provided by the plaintiff is confidential. P. R. Each affidavit, declaration, acceptance or return of service shall be filed as soon as practicable but not later than seventy-two hours, excluding weekends and holidays, with the clerk of the issuing court or as otherwise required by court rule. This filing shall be completed in person, electronically or by fax. Q. S. The supreme court shall maintain a central repository for orders of protection. Within twenty-four hours after the affidavit, declaration, acceptance or return of service has been filed, excluding weekends and holidays, the court from which the order or any modified order was issued shall enter the order and proof of service into the supreme court's central repository for orders of protection. The supreme court shall register the order with the national crime information center. The effectiveness of an order does not depend on its registration, and for enforcement purposes pursuant to section 13-2810, a copy of an order of the court, whether or not registered, is presumed to be a valid existing order of the court for a period of two years from the date of service of the order on the defendant. R. T. A peace officer, with or without a warrant, may arrest a person if the peace officer has probable cause to believe that the person has violated section 13-2810 by disobeying or resisting an order that is issued in any jurisdiction in this state pursuant to this section, whether or not such violation occurred in the presence of the officer. Criminal violations of an order issued pursuant to this section shall be referred to an appropriate law enforcement agency. The provisions for release under section 13-3883, subsection A, paragraph 4 and section 13-3903 do not apply to an arrest made pursuant to this section. For the purposes of this section, any court in this state has jurisdiction to enforce a valid order of protection that is issued in this state and that has been violated in any jurisdiction in this state. S. U. A person who is arrested pursuant to subsection R T of this section may be released from custody in accordance with the Arizona rules of criminal procedure or any other applicable statute. An order for release, with or without an appearance bond, shall include pretrial release conditions that are necessary to provide for the protection of the alleged victim and other specifically designated persons and may provide for any other additional conditions that the court deems appropriate, including participation in any counseling programs available to the defendant. The agency with custody of the defendant shall make reasonable efforts to contact the victim and other specifically designated persons in the order of protection, if known to the custodial agency, who requested notification immediately on release of the arrested person from custody. T. V. The remedies provided in this section for enforcement of the orders of the court are in addition to any other civil and criminal remedies available. The superior court shall have exclusive jurisdiction to issue orders of protection in all cases if it appears from the petition that an action for maternity or paternity, annulment, legal separation or dissolution of marriage is pending between the parties. A municipal court or justice court shall not issue an order of protection if it appears from the petition that an action for maternity or paternity, annulment, legal separation or dissolution of marriage is pending between the parties. After issuance of an order of protection, if the municipal court or justice court determines that an action for maternity or paternity, annulment, legal separation or dissolution of marriage is pending between the parties, the municipal court or justice court shall stop further proceedings in the action and forward all papers, together with a certified copy of docket entries or any other record in the action, to the superior court where they shall be docketed in the pending superior court action and shall proceed as though the petition for an order of protection had been originally brought in the superior court. Notwithstanding any other law and unless prohibited by an order of the superior court, a municipal court or justice court may hold a hearing on all matters relating to its ex parte order of protection if the hearing was requested before receiving written notice of the pending superior court action. No order of protection shall be invalid or determined to be ineffective merely because it was issued by a lower court at a time when an action for maternity or paternity, annulment, legal separation or dissolution of marriage was pending in a higher court. After a hearing with notice to the affected party, the court may enter an order requiring any party to pay the costs of the action, including reasonable attorney fees, if any. An order that is entered by a justice court or municipal court after a hearing pursuant to this section may be appealed to the superior court as provided in title 22, chapter 2, article 4, section 22-425, subsection B and the superior court rules of civil appellate procedure without regard to an amount in controversy. No fee may be charged to either party for filing an appeal. For the purposes of this subsection, "pending" means, with respect to an action for annulment, legal separation or dissolution of marriage or for maternity or paternity, either that: 1. An action has been commenced but a final judgment, decree or order has not been entered. 2. A post-decree proceeding has been commenced but a judgment, decree or order finally determining the proceeding has not been entered. U. W. A peace officer who makes an arrest pursuant to this section or section 13-3601 is not civilly or criminally liable for the arrest if the officer acts on probable cause and without malice. V. X. A valid protection order that is related to domestic or family violence and that is issued by a court in another state, a court of a United States territory or a tribal court shall be accorded full faith and credit and shall be enforced as if it were issued in this state for as long as the order is effective in the issuing jurisdiction. For the purposes of this subsection: 1. A protection order includes any injunction or other order that is issued for the purpose of preventing violent or threatening acts or harassment against, contact or communication with or physical proximity to another person. A protection order includes temporary and final orders other than support or child custody orders that are issued by civil and criminal courts if the order is obtained by the filing of an independent action or is a pendente lite order in another proceeding. The civil order shall be issued in response to a complaint, petition or motion that was filed by or on behalf of a person seeking protection. 2. A protection order is valid if the issuing court had jurisdiction over the parties and the matter under the laws of the issuing state, a United States territory or an Indian tribe and the person against whom the order was issued had reasonable notice and an opportunity to be heard. If the order is issued ex parte, the notice and opportunity to be heard shall be provided within the time required by the laws of the issuing state, a United States territory or an Indian tribe and within a reasonable time after the order was issued. 3. A mutual protection order that is issued against both the party who filed a petition or a complaint or otherwise filed a written pleading for protection against abuse and the person against whom the filing was made is not entitled to full faith and credit if either: (a) The person against whom an initial order was sought has not filed a cross or counter petition or other written pleading seeking a protection order. (b) The issuing court failed to make specific findings supporting the entitlement of both parties to be granted a protection order. 4. A peace officer may presume the validity of and rely on a copy of a protection order that is issued by another state, a United States territory or an Indian tribe if the order was given to the officer by any source. A peace officer may also rely on the statement of any person who is protected by the order that the order remains in effect. A peace officer who acts in good faith reliance on a protection order is not civilly or criminally liable for enforcing the protection order pursuant to this section. W. Y. For the purposes of this section, "victim notification system" means an automated system that may provide plaintiffs and crime victims with an automated notification regarding the person's case. END_STATUTE
67	67
68	68	Be it enacted by the Legislature of the State of Arizona:
69	69
70	70	Section 1. Section 12-284, Arizona Revised Statutes, is amended to read:
71	71
72	72	START_STATUTE12-284. Fees
73	73
74	74	A. Except as otherwise provided by law, the clerk of the superior court shall receive fees classified as follows:
75	75
76	76	Class Description Fee
77	77
78	78	A Initial case filing fee
79	79
80	80	Tax case $ 188.00
81	81
82	82	Filing complaint, notice of appeal
83	83
84	84	under section 12-904 or petition 188.00
85	85
86	86	Filing intervenor 188.00
87	87
88	88	Additional plaintiffs 188.00
89	89
90	90	Filing foreign judgment 188.00
91	91
92	92	Ownership of real property becomes an
93	93
94	94	issue plaintiff 188.00
95	95
96	96	Appellant
97	97
98	98	(except under sections 12-1809 and 13-3602) 188.00
99	99
100	100	Change of venue to this county 188.00
101	101
102	102	Petition for change of name 188.00
103	103
104	104	Filing a process server application 188.00
105	105
106	106	B Subsequent case filing fee
107	107
108	108	Filing answer, notice of appearance
109	109
110	110	under section 12-907 or initial appearance $ 100.00
111	111
112	112	Additional defendants 100.00
113	113
114	114	Notice of appeal to appellate courts
115	115
116	116	(except under section 12-2107) 100.00
117	117
118	118	Cross-appeal by appellee (except under section
119	119
120	120	12-2107) 100.00
121	121
122	122	Ownership of real property becomes an
123	123
124	124	issue defendant 100.00
125	125
126	126	Jurisdiction exceeded appellee
127	127
128	128	(within 20 days of filing) 100.00
129	129
130	130	Response to show cause that does one or more
131	131
132	132	of the following:
133	133
134	134	1. Requests affirmative relief or
135	135
136	136	counterrelief
137	137
138	138	2. Attacks the sufficiency of process
139	139
140	140	or the proceedings
141	141
142	142	3. Takes other affirmative action 100.00
143	143
144	144	C Initial case filing fee
145	145
146	146	Filing petition for annulment $ 149.00
147	147
148	148	Filing for dissolution/legal separation petition 149.00
149	149
150	150	Petition in formal testacy or appointment
151	151
152	152	proceeding 149.00
153	153
154	154	Application for informal probate or informal
155	155
156	156	appointment 149.00
157	157
158	158	Petition for supervised administration petition
159	159
160	160	to appoint guardian 149.00
161	161
162	162	Petition to appoint conservator or make other
163	163
164	164	protective order 149.00
165	165
166	166	Opposing petition in testacy or appointment
167	167
168	168	proceedings or appointment of guardian or
169	169
170	170	conservator 149.00
171	171
172	172	Single estate application or petition under
173	173
174	174	title 14, chapter 3, section 14-3938 149.00
175	175
176	176	Domestic relations case for which a fee is not
177	177
178	178	specifically prescribed 149.00
179	179
180	180	D Subsequent case filing fee
181	181
182	182	Filing answer to annulment $ 74.00
183	183
184	184	Filing for dissolution/legal separation answer 74.00
185	185
186	186	Any person opposing contested petition if no
187	187
188	188	prior payment made 74.00
189	189
190	190	Postadjudication petitions in
191	191
192	192	domestic relations cases 74.00
193	193
194	194	Postjudgment activities in probate cases 74.00
195	195
196	196	E Minimum clerk fee
197	197
198	198	Filing power of attorney $ 30.00
199	199
200	200	Change of venue to another county transmittal
201	201
202	202	fee 30.00
203	203
204	204	Change of venue to another county pursuant to
205	205
206	206	section 12-404 transmittal fee 30.00
207	207
208	208	Filing transcript and docketing judgment from
209	209
210	210	any courts 30.00
211	211
212	212	Issuance of writs of: attachment, execution,
213	213
214	214	possession, restitution, prohibition and
215	215
216	216	enforcement of order of judgment-garnishment 30.00
217	217
218	218	Certified copy or abstract of marriage
219	219
220	220	application or license 30.00
221	221
222	222	Certificate of correctness of copy of record 30.00
223	223
224	224	Justice of peace certificate 30.00
225	225
226	226	Each certificate of clerk to any matter in
227	227
228	228	clerk's record not specifically provided 30.00
229	229
230	230	Filing any paper or performing any act for which
231	231
232	232	a fee is not specifically prescribed 30.00
233	233
234	234	Subpoena (civil) 30.00
235	235
236	236	Research in locating a document (per year or
237	237
238	238	source researched) 30.00
239	239
240	240	Exemplification (per certification) 30.00
241	241
242	242	Authentication (per certification) 30.00
243	243
244	244	Seal a court file 30.00
245	245
246	246	Reopen a sealed court file 30.00
247	247
248	248	Retrieve bank records 30.00
249	249
250	250	Reel of film alpha index per year (plus per
251	251
252	252	page fee below) 30.00
253	253
254	254	Payment history report 30.00
255	255
256	256	Certification under one document certification 30.00
257	257
258	258	Civil traffic appeal 30.00
259	259
260	260	F Per page fee
261	261
262	262	Making copies (on appeal and on request)
263	263
264	264	per page $ .50
265	265
266	266	Making extra copies per page .50
267	267
268	268	Making photographic or photostatic copies
269	269
270	270	per page .50
271	271
272	272	Comparison fee of papers furnished by applicant
273	273
274	274	per page .50
275	275
276	276	Alpha index per page .50
277	277
278	278	G Special fees
279	279
280	280	Small claim tax case $ 24.00
281	281
282	282	Marriage license and return of a
283	283
284	284	marriage license 83.00
285	285
286	286	Postage and handling 7.00
287	287
288	288	Notary services 7.00
289	289
290	290	Stop payment on check 16.00
291	291
292	292	B. The clerk of the superior court shall receive the fees prescribed in subsection A of this section for the following services:
293	293
294	294	1. Making copies of papers and records required to be made by the clerk on appeal, and copies of papers and records in the clerk's office made on request in other cases, for each legal size page of original.
295	295
296	296	2. Making extra copies of the papers and records mentioned in paragraph 1 of this subsection, required or requested for each page of copy of such papers and records.
297	297
298	298	3. In a clerk's office, in which a photographic or photostatic method of recording is used or is available for use in cooperation with other public offices, preparing copies enumerated in paragraphs 1 and 2 of this subsection for each page of copy or fraction of a page of copy. Portions of several pages of records may be combined in one page of copy. The clerk may prepare an abstract of marriage in lieu of a reproduction of the recorded marriage license. The fee shall apply to matters whether recorded in such office by longhand, typing, electronic, photographic or photostatic methods. The fees for copies are exclusive of the fees for certification or authentication.
299	299
300	300	4. Issuing a certificate as to official capacity of a justice of the peace and affixing a seal to the certificate.
301	301
302	302	5. Each subpoena issued in a civil proceeding or filing any paper or performing any act for which a fee is not specifically prescribed by law, but the clerk shall not charge for the clerk's services in administering the oath in connection with any affidavit, petition, letters or other pleading or document that, after administration of the oath, is promptly filed by the clerk and becomes a part of a case or matter of record in the office of the clerk.
303	303
304	304	C. In addition to the fees required by subsection A of this section, the clerk shall charge and collect a surcharge of fifteen dollars $15 for each filing of a postadjudication petition in a domestic relations case for which a fee presently is charged under class D in subsection A of this section. The surcharge shall be used exclusively to fund domestic relations education and mediation programs established pursuant to section 25-413. Each month the clerk shall transmit the monies the clerk collects pursuant to this subsection to the county treasurer for deposit in the domestic relations education and mediation fund established by section 25-413.
305	305
306	306	D. Excluding the monies that are collected pursuant to subsection C of this section, each month the clerk shall transmit seventy-five percent of the monies collected for subsequent case filing fees for postadjudication petitions in domestic relations cases under class D in subsection A of this section to the county treasurer for deposit in the expedited child support and parenting time fund established pursuant to section 25-412. The remaining twenty-five percent of the monies collected pursuant to this subsection shall be distributed pursuant to section 12-284.03.
307	307
308	308	E. At the commencement of each action for annulment, dissolution of marriage, legal separation, maternity or paternity, the petitioner shall pay to the clerk of the court the initial case filing fee for the action provided in subsection A of this section. At the time of filing a response, the respondent shall pay to the clerk of the court the subsequent case filing fee for the action provided in subsection A of this section. In each county where the superior court has established a conciliation court, the petitioner and respondent shall each pay to the clerk a sixty-five dollar $65 fee. The monies from the additional fee shall be used to carry out the purposes of the conciliation court pursuant to title 25, chapter 3, article 7.
309	309
310	310	F. In garnishment matters:
311	311
312	312	1. A fee shall not be charged for filing an affidavit seeking only the release of exempt wages.
313	313
314	314	2. A fee shall not be charged for filing a garnishee's answer, for filing a judgment against the garnishee or for the issuance or return of process incident to such a judgment.
315	315
316	316	3. For any contest relating to or any controversion of a garnishment matter, unless the contesting party has paid an appearance fee in that cause, the required appearance fee shall be paid, except that the garnishee shall not pay a clerk's fee.
317	317
318	318	G. A person who is cited to appear and defend an order to show cause shall not be charged an appearance fee. The person may stipulate to or consent to the entry of an order without the payment of an appearance fee. An appearance fee shall be paid if the person is present in person or by an attorney and does one or more of the following:
319	319
320	320	1. Requests affirmative relief or counterrelief.
321	321
322	322	2. Attacks the sufficiency of process or the proceedings.
323	323
324	324	3. Takes other affirmative action.
325	325
326	326	H. A petitioner shall not be charged a fee for requesting an order of protection pursuant to section 13-3602 or an injunction against harassment pursuant to section 12-1809. A defendant shall not be charged an answer fee in an order of protection action if the defendant requests a hearing pursuant to section 13-3602, subsection L N or in an injunction against harassment action if the defendant requests a hearing pursuant to section 12-1809, subsection H.
327	327
328	328	I. A person who files a registrar's order pursuant to section 32-1166.06 shall not be charged a fee.
329	329
330	330	J. The clerk of the court shall charge and collect a forty-six dollar $46 filing fee for a petition for emancipation of a minor filed pursuant to chapter 15 of this title. Each month the clerk shall transmit the monies the clerk collects pursuant to this subsection to the county treasurer for deposit in the emancipation administrative costs fund established by section 12-2456.
331	331
332	332	K. Except for monies that are collected pursuant to subsections C, D, E and J of this section, the clerk of the superior court shall transmit monthly to the county treasurer all monies collected pursuant to this section for distribution or deposit pursuant to section 12-284.03.
333	333
334	334	L. The supreme court may increase the fees prescribed in subsection A of this section in an amount not to exceed the percent of change in the average consumer price index as published by the United States department of labor, bureau of labor statistics between that figure for the latest calendar year and the calendar year in which the last fee increase occurred. END_STATUTE
335	335
336	336	Sec. 2. Section 13-3101, Arizona Revised Statutes, is amended to read:
337	337
338	338	START_STATUTE13-3101. Definitions
339	339
340	340	A. In this chapter, unless the context otherwise requires:
341	341
342	342	1. "Deadly weapon" means anything that is designed for lethal use. The term includes a firearm.
343	343
344	344	2. "Deface" means to remove, alter or destroy the manufacturer's serial number.
345	345
346	346	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.
347	347
348	348	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.
349	349
350	350	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.
351	351
352	352	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.
353	353
354	354	7. "Prohibited possessor" means any person:
355	355
356	356	(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.
357	357
358	358	(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.
359	359
360	360	(c) Who is at the time of possession serving a term of imprisonment in any correctional or detention facility.
361	361
362	362	(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.
363	363
364	364	(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:
365	365
366	366	(i) Nonimmigrant aliens who possess a valid hunting license or permit that is lawfully issued by a state in the United States.
367	367
368	368	(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.
369	369
370	370	(iii) Certain diplomats.
371	371
372	372	(iv) Officials of foreign governments or distinguished foreign visitors who are designated by the United States department of state.
373	373
374	374	(v) Persons who have received a waiver from the United States attorney general.
375	375
376	376	(f) Who has been found incompetent pursuant to rule 11, Arizona rules of criminal procedure, and who subsequently has not been found competent.
377	377
378	378	(g) Who is found guilty except insane.
379	379
380	380	(h) Who has been convicted of either:
381	381
382	382	(i) A domestic violence offense as defined in section 13-3601 if the offense involved a dangerous crime against children as defined in section 13-705 or an offense prescribed in section 13-1102, 13-1103 or 13-1104, section 13-1202, subsection A, paragraph 1, section 13-1203, subsection A, paragraph 1 or 3, section 13-1204, subsection A, paragraph 1, 2, 3, 4 or 7 or subsection B, section 13-1303, 13-1304 or 13-1406 or section 13-2904, subsection A, paragraph 1 or 6.
383	383
384	384	(ii) Any other offense that was committed within or without this state and that involves the use or attempted use of physical force or the threatened use of a deadly weapon if section 13-3601, subsection A, paragraph 1, 2, 3, 4, 5 or 6 applies to the relationship between the victim and the defendant.
385	385
386	386	(i) Who is subject to an order of protection that was issued pursuant to section 13-3602 or a similar law in another jurisdiction, and the order was issued after the person received notice and had an opportunity to participate in the proceedings.
387	387
388	388	8. "Prohibited weapon":
389	389
390	390	(a) Includes the following:
391	391
392	392	(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.
393	393
394	394	(ii) A device that is designed, made or adapted to muffle the report of a firearm.
395	395
396	396	(iii) A firearm that is capable of shooting more than one shot automatically, without manual reloading, by a single function of the trigger.
397	397
398	398	(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.
399	399
400	400	(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.
401	401
402	402	(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.
403	403
404	404	(vii) An improvised explosive device.
405	405
406	406	(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.
407	407
408	408	(b) Does not include:
409	409
410	410	(i) Any fireworks that are imported, distributed or used in compliance with state laws or local ordinances.
411	411
412	412	(ii) Any propellant, propellant actuated devices or propellant actuated industrial tools that are manufactured, imported or distributed for their intended purposes.
413	413
414	414	(iii) A device that is commercially manufactured primarily for the purpose of illumination.
415	415
416	416	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.
417	417
418	418	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
419	419
420	420	Sec. 3. Title 13, chapter 36, Arizona Revised Statutes, is amended by adding section 13-3601.03, to read:
421	421
422	422	START_STATUTE13-3601.03. Domestic violence; prohibited possessor; firearm transfer order; firearm disposal; immunity; search warrant; definition
423	423
424	424	A. At the time of sentencing, the court shall inform, either orally or in writing, a person who is a prohibited possessor as defined in section 13-3101, subsection A, paragraph 7, subdivision (h) that the person is prohibited from owning or possessing a firearm. The court shall indicate on the record of conviction that the conviction prohibits the person from possessing a firearm pursuant to section 13-3101, subsection A, paragraph 7, subdivision (h) and section 13-3102, subsection A, paragraph 4 and order the person to transfer all firearms that the person owns or possesses to the appropriate law enforcement agency or a federally licensed firearms dealer Within twenty-four hours after the court issues the order.
425	425
426	426	B. The law enforcement agency or federally licensed firearms dealer that takes possession of a transferred firearm shall provide a proof of transfer to the person who surrendered the firearm. The proof of transfer shall include the name of the firearm owner or possessor, the date of the transfer and the serial number and make and model of the transferred firearm.
427	427
428	428	C. Within forty-eight hours after the person is served with a transfer order, the person shall either:
429	429
430	430	1. Attest to the court that the person did not own or possess any firearm at the time of conviction and does not currently own or possess any firearm.
431	431
432	432	2. File a proof of transfer with the sentencing court and attest to the court that all firearms owned or possessed by the person were transferred to the appropriate law enforcement agency or a federally licensed firearms dealer.
433	433
434	434	D. After providing notice to the owner of a transferred firearm, the law enforcement agency or federally licensed firearms dealer that receives a transferred firearm may dispose of the firearm in accordance with state and federal law. The law enforcement agency or federally licensed firearms dealer shall provide all monies received from the disposal of the firearm to the original firearm owner except for any costs associated with taking possession of, storing and disposing of the firearm.
435	435
436	436	E. A person who is subject to a transfer order may not be prosecuted for possessing, carrying or transporting a firearm if all of the following apply:
437	437
438	438	1. the person possesses the written transfer order.
439	439
440	440	2. the firearm is unloaded.
441	441
442	442	3. The person is transporting the firearm directly to the appropriate law enforcement agency or a federally licensed firearms dealer.
443	443
444	444	F. If the plaintiff or a peace officer files an affidavit alleging that the person has failed to transfer a firearm, the court shall determine whether probable cause exists to believe that the person has failed to transfer a firearm that the person owns or possesses. If the court finds that probable cause exists, the court shall issue a warrant that describes the firearm possessed by the person and that authorizes a search of the location where the firearm is reasonably believed to be and the seizure of any firearm that is owned or possessed by the person and discovered pursuant to the search. The Failure to comply with the surrender of a firearm is grounds for the issuance of a search warrant.
445	445
446	446	G. For the purposes of this section, "domestic violence offense" means an offense involving domestic violence as defined in section 13-3601. END_STATUTE
447	447
448	448	Sec. 4. Section 13-3602, Arizona Revised Statutes, is amended to read:
449	449
450	450	START_STATUTE13-3602. Order of protection; procedure; contents; arrest for violation; penalty; protection order from another jurisdiction; definition
451	451
452	452	A. A person may file a verified petition, as in civil actions, with a magistrate, justice of the peace or superior court judge for an order of protection for the purpose of restraining a person from committing an act included in domestic violence. If the person is a minor, the parent, legal guardian or person who has legal custody of the minor shall file the petition unless the court determines otherwise. The petition shall name the parent, guardian or custodian as the plaintiff and the minor is a specifically designated person for the purposes of subsection G of this section. If a person is either temporarily or permanently unable to request an order, a third party may request an order of protection on behalf of the plaintiff. After the request, the judicial officer shall determine if the third party is an appropriate requesting party for the plaintiff. For the purposes of this section, notwithstanding the location of the plaintiff or defendant, any court in this state may issue or enforce an order of protection.
453	453
454	454	B. An order of protection shall not be granted:
455	455
456	456	1. Unless the party who requests the order files a written verified petition for an order.
457	457
458	458	2. Against a person who is less than twelve years of age unless the order is granted by the juvenile division of the superior court.
459	459
460	460	3. Against more than one defendant.
461	461
462	462	C. The petition shall state the:
463	463
464	464	1. Name of the plaintiff. The plaintiff's address and contact information shall be disclosed to the court for purposes of service and notification. The address and contact information shall not be listed on the petition. Whether or not the court issues an order of protection, the plaintiff's address and contact information shall be maintained in a separate document or automated database and is not subject to release or disclosure by the court or any form of public access except as ordered by the court.
465	465
466	466	2. Name and address, if known, of the defendant.
467	467
468	468	3. Specific statement, including dates, of the domestic violence alleged.
469	469
470	470	4. Relationship between the parties pursuant to section 13-3601, subsection A and whether there is pending between the parties an action for maternity or paternity, annulment, legal separation or dissolution of marriage.
471	471
472	472	5. Name of the court in which any prior or pending proceeding or order was sought or issued concerning the conduct that is sought to be restrained.
473	473
474	474	6. Desired relief.
475	475
476	476	D. A fee shall not be charged for filing a petition under this section or for service of process. Each court shall provide, without charge, forms for purposes of this section for assisting parties without counsel. The court shall make reasonable efforts to provide the appropriate information to both parties on emergency and counseling services that are available in the local area.
477	477
478	478	E. The court shall review the petition, any other pleadings on file and any evidence offered by the plaintiff, including any evidence of harassment by electronic contact or communication, to determine whether the orders requested should issue without further hearing. The court shall issue an order of protection under subsection G of this section if the court determines that there is reasonable cause to believe any of the following:
479	479
480	480	1. The defendant may commit an act of domestic violence.
481	481
482	482	2. The defendant has committed an act of domestic violence within the past year or within a longer period of time if the court finds that good cause exists to consider a longer period.
483	483
484	484	F. For the purposes of determining the period of time under subsection E, paragraph 2 of this section, any time that the defendant has been incarcerated or out of this state shall not be counted. If the court denies the requested relief, it may schedule a further hearing within ten days, with reasonable notice to the defendant.
485	485
486	486	G. If a court issues an order of protection, the court may do any of the following:
487	487
488	488	1. Enjoin the defendant from committing a violation of one or more of the offenses included in domestic violence.
489	489
490	490	2. Grant one party the use and exclusive possession of the parties' residence on a showing that there is reasonable cause to believe that physical harm may otherwise result. If the other party is accompanied by a law enforcement officer, the other party may return to the residence on one occasion to retrieve belongings. A law enforcement officer is not liable for any act or omission in the good faith exercise of the officer's duties under this paragraph. While the order of protection is in effect, if a party was granted the use and exclusive possession of the parties' residence and subsequently moves out of the house residence, the party must file a notice in writing with the court within five days after moving out of the residence. After receiving the notification from the plaintiff, the court shall provide notice to the defendant that the plaintiff has moved out of the residence and of the defendant's right to request a hearing pursuant to subsection L N of this section.
491	491
492	492	3. Restrain the defendant from contacting the plaintiff or other specifically designated persons and from coming near the residence, place of employment or school of the plaintiff or other specifically designated locations or persons on a showing that there is reasonable cause to believe that physical harm may otherwise result.
493	493
494	494	4. If the order of protection was issued before notice and a hearing at which the defendant had an opportunity to participate and the court finds that the defendant is a credible threat to the physical safety of the plaintiff or other specifically designated persons, prohibit the defendant from possessing or purchasing a firearm for the duration of the order. If the court prohibits the defendant from possessing a firearm, the court shall also order the defendant to transfer any firearm owned or possessed by the defendant immediately after service of the order to the appropriate law enforcement agency or a federally licensed firearms dealer for the duration of the order. If the defendant does not immediately transfer the firearm, the defendant shall transfer the firearm within twenty-four hours after service of the order in accordance with the requirements prescribed in subsection I of this section.
495	495
496	496	5. If the order was issued after notice and a hearing at which the defendant had an opportunity to participate, require the defendant to complete a domestic violence offender treatment program that is provided by a facility approved by the department of health services or a probation department or any other program deemed appropriate by the court.
497	497
498	498	6. Grant relief that is necessary for the protection of the alleged victim and other specifically designated persons and that is proper under the circumstances.
499	499
500	500	7. Grant the plaintiff the exclusive care, custody or control of any animal that is owned, possessed, leased, kept or held by the plaintiff, the defendant or a minor child residing in the residence or household of the plaintiff or the defendant, and order the defendant to stay away from the animal and forbid the defendant from taking, transferring, encumbering, concealing, committing an act of cruelty or neglect in violation of section 13-2910 or otherwise disposing of the animal.
501	501
502	502	H. If the court issues an order of protection after notice and a hearing at which the defendant had an opportunity to participate, The court shall prohibit the defendant from possessing or purchasing a firearm and shall order the defendant to transfer any firearm owned or possessed by the defendant immediately after service of the order to the appropriate law enforcement agency or a federally licensed firearms dealer for the duration of the order. If the defendant does not immediately transfer the firearm, the defendant shall transfer the firearm within twenty-four hours after service of the transfer order.
503	503
504	504	I. If a defendant is ordered to transfer a firearm to the appropriate law enforcement agency or a federally licensed firearms dealer pursuant to subsection G, paragraph 4 or subsection H of this section, all of the following apply:
505	505
506	506	1. The law enforcement agency or federally licensed firearms dealer that takes possession of a transferred firearm shall provide a proof of transfer to the defendant who surrendered the firearm. The proof of transfer shall include the name of the firearm owner or possessor, the date of the transfer and the serial number and make and model of the transferred firearm.
507	507
508	508	2. Within forty-eight hours after service of the transfer order, the defendant shall either:
509	509
510	510	(a) Attest to the court that the defendant did not own or possess any firearm when the defendant received the transfer order and does not currently own or possess any firearm.
511	511
512	512	(b) File a proof of transfer with the court and attest to the court that all firearms owned or possessed by the defendant were transferred to the appropriate law enforcement agency or a federally licensed firearms dealer.
513	513
514	514	3. After the order of protection expires and on the defendant's request, the law enforcement agency or federally licensed firearms dealer shall return any temporarily transferred firearm to the defendant unless the order is extended or the defendant is otherwise prohibited from possessing a firearm pursuant to federal or state law. Before returning a firearm to the defendant, the law enforcement agency or federally licensed firearms dealer must conduct a check of available records and contact the national instant criminal background check system to ensure that the defendant is no longer prohibited from possessing a firearm pursuant to federal or state law.
515	515
516	516	4. A defendant who is subject to a transfer order may not be prosecuted for possessing, carrying or transporting a firearm if all of the following apply:
517	517
518	518	(a) the defendant possesses the written transfer order.
519	519
520	520	(b) the firearm is unloaded.
521	521
522	522	(c) The defendant is transporting the firearm directly to the appropriate law enforcement agency or a federally licensed firearms dealer.
523	523
524	524	5. If the plaintiff or a peace officer files an affidavit alleging that the defendant has failed to transfer a firearm, the court shall determine whether probable cause exists to believe that the defendant has failed to transfer a firearm that the defendant owns or possesses. If the court finds that probable cause exists, the court shall issue a warrant that describes the firearm possessed by the defendant and that authorizes a search of the location where the firearm is reasonably believed to be and the seizure of any firearm that is owned or possessed by the defendant and discovered pursuant to the search. The Failure to comply with the surrender of a firearm is grounds for the issuance of a search warrant.
525	525
526	526	H. J. The court shall not grant a mutual order of protection. If opposing parties separately file verified petitions for an order of protection, the courts after consultation between the judges involved may consolidate the petitions of the opposing parties for hearing. This does not prohibit a court from issuing cross orders of protection.
527	527
528	528	I. K. After granting an order of protection, the court shall provide the order to a law enforcement agency or a constable as set forth in subsection J L of this section for service or to an entity that is authorized in subsection K M of this section to serve process. The agency or entity serving the order shall provide confirmation of service to the plaintiff as soon as practicable. If service of an order cannot be completed within fifteen days after the agency or entity receives the order, the agency or entity that is attempting service shall notify the plaintiff and continue to attempt service. This notification may be completed by a victim notification system, if available.
529	529
530	530	J. L. If the order of protection is provided to a law enforcement agency or a constable, service of an order of protection is as follows:
531	531
532	532	1. For each order of protection that is issued by a municipal court, if the defendant can be served within that city or town, the order shall be served by the law enforcement agency of that city or town. If the order can be served in another city or town, the order shall be served by the law enforcement agency of that city or town. If the order cannot be served within a city or town, the order shall be served by the sheriff or constable of the county in which the defendant can be served.
533	533
534	534	2. For each order of protection that is issued by a justice of the peace, the order of protection shall be served by the sheriff or constable of the county in which the defendant can be served or by a municipal law enforcement agency.
535	535
536	536	3. For each order of protection that is issued by a superior court judge or commissioner, the order of protection shall by served by the sheriff or constable of the county where the defendant can be served.
537	537
538	538	K. M. In addition to persons authorized to serve process pursuant to rule 4(d) of the Arizona rules of civil procedure, a peace officer or a correctional officer as defined in section 41-1661 who is acting in the officer's official capacity may serve an order of protection that is issued pursuant to this section. Service of the order of protection has priority over other service of process that does not involve an immediate threat to the safety of a person.
539	539
540	540	L. N. At any time during the period during which the order is in effect, a party who is under an order of protection or who is restrained from contacting the other party is entitled to one hearing on written request. No fee may be charged for requesting a hearing. A hearing that is requested by a party who is under an order of protection or who is restrained from contacting the other party shall be held within ten days from the date requested unless the court finds good cause to continue the hearing. If exclusive use of the home is awarded, the hearing shall be held within five days from the date requested. The hearing shall be held at the earliest possible time. An ex parte order that is issued under this section shall state on its face that the defendant is entitled to a hearing on written request and shall include the name and address of the judicial office where the request may be filed. After the hearing, the court may modify, quash or continue the order. If the exclusive use of the home is awarded to the party, the court, on written request of a party, may hold additional hearings at any time if there is a change in circumstances related to the primary residence.
541	541
542	542	M. O. The order shall include the following statement:
543	543
544	544	Warning
545	545
546	546	This is an official court order. If you disobey this order, you will be subject to arrest and prosecution for the crime of interfering with judicial proceedings and any other crime you may have committed in disobeying this order.
547	547
548	548	N. P. An order of protection that is not served on the defendant within one year after the date that the order is issued expires. An order is effective on the defendant on service of a copy of the order and petition. An order expires two years after service on the defendant. A modified order is effective on service and expires two years after service of the initial order and petition.
549	549
550	550	O. Q. A supplemental information form that is used by the court or a law enforcement agency solely for the purposes of service of process on the defendant and that contains information provided by the plaintiff is confidential.
551	551
552	552	P. R. Each affidavit, declaration, acceptance or return of service shall be filed as soon as practicable but not later than seventy-two hours, excluding weekends and holidays, with the clerk of the issuing court or as otherwise required by court rule. This filing shall be completed in person, electronically or by fax.
553	553
554	554	Q. S. The supreme court shall maintain a central repository for orders of protection. Within twenty-four hours after the affidavit, declaration, acceptance or return of service has been filed, excluding weekends and holidays, the court from which the order or any modified order was issued shall enter the order and proof of service into the supreme court's central repository for orders of protection. The supreme court shall register the order with the national crime information center. The effectiveness of an order does not depend on its registration, and for enforcement purposes pursuant to section 13-2810, a copy of an order of the court, whether or not registered, is presumed to be a valid existing order of the court for a period of two years from the date of service of the order on the defendant.
555	555
556	556	R. T. A peace officer, with or without a warrant, may arrest a person if the peace officer has probable cause to believe that the person has violated section 13-2810 by disobeying or resisting an order that is issued in any jurisdiction in this state pursuant to this section, whether or not such violation occurred in the presence of the officer. Criminal violations of an order issued pursuant to this section shall be referred to an appropriate law enforcement agency. The provisions for release under section 13-3883, subsection A, paragraph 4 and section 13-3903 do not apply to an arrest made pursuant to this section. For the purposes of this section, any court in this state has jurisdiction to enforce a valid order of protection that is issued in this state and that has been violated in any jurisdiction in this state.
557	557
558	558	S. U. A person who is arrested pursuant to subsection R T of this section may be released from custody in accordance with the Arizona rules of criminal procedure or any other applicable statute. An order for release, with or without an appearance bond, shall include pretrial release conditions that are necessary to provide for the protection of the alleged victim and other specifically designated persons and may provide for any other additional conditions that the court deems appropriate, including participation in any counseling programs available to the defendant. The agency with custody of the defendant shall make reasonable efforts to contact the victim and other specifically designated persons in the order of protection, if known to the custodial agency, who requested notification immediately on release of the arrested person from custody.
559	559
560	560	T. V. The remedies provided in this section for enforcement of the orders of the court are in addition to any other civil and criminal remedies available. The superior court shall have exclusive jurisdiction to issue orders of protection in all cases if it appears from the petition that an action for maternity or paternity, annulment, legal separation or dissolution of marriage is pending between the parties. A municipal court or justice court shall not issue an order of protection if it appears from the petition that an action for maternity or paternity, annulment, legal separation or dissolution of marriage is pending between the parties. After issuance of an order of protection, if the municipal court or justice court determines that an action for maternity or paternity, annulment, legal separation or dissolution of marriage is pending between the parties, the municipal court or justice court shall stop further proceedings in the action and forward all papers, together with a certified copy of docket entries or any other record in the action, to the superior court where they shall be docketed in the pending superior court action and shall proceed as though the petition for an order of protection had been originally brought in the superior court. Notwithstanding any other law and unless prohibited by an order of the superior court, a municipal court or justice court may hold a hearing on all matters relating to its ex parte order of protection if the hearing was requested before receiving written notice of the pending superior court action. No order of protection shall be invalid or determined to be ineffective merely because it was issued by a lower court at a time when an action for maternity or paternity, annulment, legal separation or dissolution of marriage was pending in a higher court. After a hearing with notice to the affected party, the court may enter an order requiring any party to pay the costs of the action, including reasonable attorney fees, if any. An order that is entered by a justice court or municipal court after a hearing pursuant to this section may be appealed to the superior court as provided in title 22, chapter 2, article 4, section 22-425, subsection B and the superior court rules of civil appellate procedure without regard to an amount in controversy. No fee may be charged to either party for filing an appeal. For the purposes of this subsection, "pending" means, with respect to an action for annulment, legal separation or dissolution of marriage or for maternity or paternity, either that:
561	561
562	562	1. An action has been commenced but a final judgment, decree or order has not been entered.
563	563
564	564	2. A post-decree proceeding has been commenced but a judgment, decree or order finally determining the proceeding has not been entered.
565	565
566	566	U. W. A peace officer who makes an arrest pursuant to this section or section 13-3601 is not civilly or criminally liable for the arrest if the officer acts on probable cause and without malice.
567	567
568	568	V. X. A valid protection order that is related to domestic or family violence and that is issued by a court in another state, a court of a United States territory or a tribal court shall be accorded full faith and credit and shall be enforced as if it were issued in this state for as long as the order is effective in the issuing jurisdiction. For the purposes of this subsection:
569	569
570	570	1. A protection order includes any injunction or other order that is issued for the purpose of preventing violent or threatening acts or harassment against, contact or communication with or physical proximity to another person. A protection order includes temporary and final orders other than support or child custody orders that are issued by civil and criminal courts if the order is obtained by the filing of an independent action or is a pendente lite order in another proceeding. The civil order shall be issued in response to a complaint, petition or motion that was filed by or on behalf of a person seeking protection.
571	571
572	572	2. A protection order is valid if the issuing court had jurisdiction over the parties and the matter under the laws of the issuing state, a United States territory or an Indian tribe and the person against whom the order was issued had reasonable notice and an opportunity to be heard. If the order is issued ex parte, the notice and opportunity to be heard shall be provided within the time required by the laws of the issuing state, a United States territory or an Indian tribe and within a reasonable time after the order was issued.
573	573
574	574	3. A mutual protection order that is issued against both the party who filed a petition or a complaint or otherwise filed a written pleading for protection against abuse and the person against whom the filing was made is not entitled to full faith and credit if either:
575	575
576	576	(a) The person against whom an initial order was sought has not filed a cross or counter petition or other written pleading seeking a protection order.
577	577
578	578	(b) The issuing court failed to make specific findings supporting the entitlement of both parties to be granted a protection order.
579	579
580	580	4. A peace officer may presume the validity of and rely on a copy of a protection order that is issued by another state, a United States territory or an Indian tribe if the order was given to the officer by any source. A peace officer may also rely on the statement of any person who is protected by the order that the order remains in effect. A peace officer who acts in good faith reliance on a protection order is not civilly or criminally liable for enforcing the protection order pursuant to this section.
581	581
582	582	W. Y. For the purposes of this section, "victim notification system" means an automated system that may provide plaintiffs and crime victims with an automated notification regarding the person's case. END_STATUTE