CORRECTED Feb 01 2023 REFERENCE TITLE: jury; parental rights; termination; appropriation State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023 HB 2588 Introduced by Representative Payne An Act amending title 8, chapter 4, article 1, Arizona Revised Statutes, by adding section 8-468; appropriating monies; relating to the right to a jury. (TEXT OF BILL BEGINS ON NEXT PAGE)
CORRECTED Feb 01 2023
REFERENCE TITLE: jury; parental rights; termination; appropriation
State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023
HB 2588
Introduced by Representative Payne
REFERENCE TITLE: jury; parental rights; termination; appropriation
State of Arizona
House of Representatives
Fifty-sixth Legislature
First Regular Session
2023
HB 2588
Introduced by
Representative Payne
An Act
amending title 8, chapter 4, article 1, Arizona Revised Statutes, by adding section 8-468; appropriating monies; relating to the right to a jury.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona: Section 1. Title 8, chapter 4, article 1, Arizona Revised Statutes, is amended by adding section 8-468, to read: START_STATUTE8-468. Right to jury in termination of parental rights matters A. A hearing to terminate parental rights that is held pursuant to section 8-537 or 8-863 shall be tried to a jury if a parent files a written request for a jury trial before or at the time of the initial termination hearing that is held pursuant to section 8-535. NOtice of the option for a jury trial must be included in the notice of initial hearing prescribed by section 8-535. b. If a court receives multiple requests for a jury trial, one jury trial may be held for the proceeding. A jury trial may be held in lieu of a bench trial for all parents involved in the proceeding. C. The number and concurrence of jurors for a trial that is held pursuant to this section shall be consistent with the limits established in section 21-102, subsection c. D. A jury trial that is held pursuant to this section must be commenced not later than one hundred twenty days after the initial termination hearing under section 8-535 is completed. END_STATUTE Sec. 2. Reporting requirement A. On or before January 1, 2026, the administrative office of the courts shall review the following: 1. The number of jury trials requested pursuant to section 8-468, Arizona Revised Statutes, as added by this act. 2. The number of jury trials completed. 3. The outcome and length of jury trials compared to the outcome and length of bench trials. 4. Feedback from parties, attorneys, judges, juries and court staff in a jury trial case. 5. Any other relevant data or information related to jury trials and bench trials in termination of parental rights proceedings. B. The administrative office of the courts shall issue a report of its findings and recommendations to the governor, the president of the senate and the speaker of the house of representatives and shall provide a copy of this report to the secretary of state. Sec. 3. Appropriation; administrative office of the courts; jury trials in parental termination matters; exemption A. The sum of $15,000,000 is appropriated from the state general fund in fiscal year 2023-2024 to the administrative office of the courts for jury trials in parental termination matters pursuant to section 8-468, Arizona Revised Statutes, as added by this act. B. The appropriation made in subsection A of this section is exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations. Sec. 4. Effective date Section 8-468, Arizona Revised Statutes, as added by this act, is effective from and after June 30, 2024.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 8, chapter 4, article 1, Arizona Revised Statutes, is amended by adding section 8-468, to read:
START_STATUTE8-468. Right to jury in termination of parental rights matters
A. A hearing to terminate parental rights that is held pursuant to section 8-537 or 8-863 shall be tried to a jury if a parent files a written request for a jury trial before or at the time of the initial termination hearing that is held pursuant to section 8-535. NOtice of the option for a jury trial must be included in the notice of initial hearing prescribed by section 8-535.
b. If a court receives multiple requests for a jury trial, one jury trial may be held for the proceeding. A jury trial may be held in lieu of a bench trial for all parents involved in the proceeding.
C. The number and concurrence of jurors for a trial that is held pursuant to this section shall be consistent with the limits established in section 21-102, subsection c.
D. A jury trial that is held pursuant to this section must be commenced not later than one hundred twenty days after the initial termination hearing under section 8-535 is completed. END_STATUTE
Sec. 2. Reporting requirement
A. On or before January 1, 2026, the administrative office of the courts shall review the following:
1. The number of jury trials requested pursuant to section 8-468, Arizona Revised Statutes, as added by this act.
2. The number of jury trials completed.
3. The outcome and length of jury trials compared to the outcome and length of bench trials.
4. Feedback from parties, attorneys, judges, juries and court staff in a jury trial case.
5. Any other relevant data or information related to jury trials and bench trials in termination of parental rights proceedings.
B. The administrative office of the courts shall issue a report of its findings and recommendations to the governor, the president of the senate and the speaker of the house of representatives and shall provide a copy of this report to the secretary of state.
Sec. 3. Appropriation; administrative office of the courts; jury trials in parental termination matters; exemption
A. The sum of $15,000,000 is appropriated from the state general fund in fiscal year 2023-2024 to the administrative office of the courts for jury trials in parental termination matters pursuant to section 8-468, Arizona Revised Statutes, as added by this act.
B. The appropriation made in subsection A of this section is exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations.
Sec. 4. Effective date
Section 8-468, Arizona Revised Statutes, as added by this act, is effective from and after June 30, 2024.