Arizona 2023 Regular Session

Arizona Senate Bill SB1431 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~Senate Engrossed~~ right to jury; parent-child relationship State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023 ~~SENATE BILL~~ 1431 An Act amending title 8, chapter 4, article 1, Arizona revised statues, by adding section 8-468; relating to the right to a jury. (TEXT OF BILL BEGINS ON NEXT PAGE)
	1	+	REFERENCE TITLE: right to jury; parent-child relationship State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023 SB 1431 Introduced by Senator Wadsack: Representative Jones An Act amending title 8, chapter 4, article 1, Arizona revised statues, by adding section 8-468; relating to the right to a jury. (TEXT OF BILL BEGINS ON NEXT PAGE)
2	2
3	3
4	4
5	5
6	6
7	7
8	8
9		-	~~Senate Engrossed~~ right to jury; parent-child relationship
	9	+	REFERENCE TITLE: right to jury; parent-child relationship
10	10		State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023
11		-	SENATE BILL 1431
	11	+	SB 1431
	12	+	Introduced by Senator Wadsack: Representative Jones
12	13
13		-	Senate Engrossed
14		-
15		-
16		-
17		-	right to jury; parent-child relationship
	14	+	REFERENCE TITLE: right to jury; parent-child relationship
18	15
19	16
20	17
21	18
22	19
23	20
24	21
25	22
26	23
27	24		State of Arizona
28	25
29	26		Senate
30	27
31	28		Fifty-sixth Legislature
32	29
33	30		First Regular Session
34	31
35	32		2023
36	33
37	34
38	35
39	36
40	37
41	38
42	39
43		-	SENATE BILL 1431
	40	+	SB 1431
	41	+
	42	+
	43	+
	44	+	Introduced by
	45	+
	46	+	Senator Wadsack: Representative Jones
	47	+
	48	+
	49	+
	50	+
	51	+
	52	+
	53	+
	54	+
44	55
45	56
46	57
47	58
48	59
49	60
50	61
51	62		An Act
52	63
53	64
54	65
55	66		amending title 8, chapter 4, article 1, Arizona revised statues, by adding section 8-468; relating to the right to a jury.
56	67
57	68
58	69
59	70
60	71
61	72		(TEXT OF BILL BEGINS ON NEXT PAGE)
62	73
63	74
64	75
65		-	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; jury demand and hearing; applicability A. A party has a right to a trial by jury and that right may not be arbitrarily denied. The court shall provide written notice to all parties of the right to a trial by jury prescribed by this section. If the court fails to provide this notice, any subsequent proceedings or rulings do not have the force of law. ~~the right to a trial by jury is available only to parents or defendants under this section and not to the state or any state agency.~~ B. If a party believes that the party's rights have been substantially violated by the orders of the court and files a jury demand with the court within twenty days after the court's orders were filed, the court shall set a new hearing before a jury within twenty days after the demand is filed. A party may have the jury reexamine discrete portions of the court's orders without the entire case being relitigated or reexamined. for all jury trials under this section, the state must convince at least seven or eight jurors that there is clear and convincing evidence, which is not false or otherwise fabricated, that sufficient danger exists and that the state is compelled to remove children from their families. c. ~~the right to~~ a jury trial pursuant to this section shall commence ~~thirty~~ days after the ~~state~~ has ~~removed or seized~~ the child. D. This section applies to matters before the court for a preliminary protective hearing pursuant to section 8-824 or any other hearing for the termination of the parent-child relationship. e. the ~~remedies prescribed in~~ this section ~~are~~ available only to the people and not to any state agency. END_STATUTE Sec. 2. Effective date Section 8-468, Arizona Revised Statutes, as added by this act, is effective from and after December 31, 2023.
	76	+	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; jury demand and hearing; applicability A. A party has a right to a trial by jury and that right may not be arbitrarily denied. The court shall provide written notice to all parties of the right to a trial by jury prescribed by this section. If the court fails to provide this notice, any subsequent proceedings or rulings do not have the force of law. B. If a party believes that the party's rights have been substantially violated by the orders of the court and files a jury demand with the court within twenty days after the court's orders were filed, the court shall set a new hearing before a jury within twenty days after the demand is filed. A party may have the jury reexamine discrete portions of the court's orders without the entire case being relitigated or reexamined. C. a jury trial set pursuant to this section shall commence within sixty days after the court has entered orders following a hearing for the TERMINATION of the parent-child relationship. D. This section applies to matters before the court for a preliminary protective hearing pursuant to section 8-824 or any other hearing for the termination of the parent-child relationship. E. The right to a jury trial pursuant to this section is available only to the people and not to any state agency or political subdivision of this state. END_STATUTE Sec. 2. Effective date Section 8-468, Arizona Revised Statutes, as added by this act, is effective from and after December 31, 2023.
66	77
67	78		Be it enacted by the Legislature of the State of Arizona:
68	79
69	80		Section 1. Title 8, chapter 4, article 1, Arizona Revised Statutes, is amended by adding section 8-468, to read:
70	81
71	82		START_STATUTE8-468. Right to jury; jury demand and hearing; applicability
72	83
73		-	A. A party has a right to a trial by jury and that right may not be arbitrarily denied. The court shall provide written notice to all parties of the right to a trial by jury prescribed by this section. If the court fails to provide this notice, any subsequent proceedings or rulings do not have the force of law. ~~the right to a trial by jury is available only to parents or defendants under this section and not to the state or any state agency.~~
	84	+	A. A party has a right to a trial by jury and that right may not be arbitrarily denied. The court shall provide written notice to all parties of the right to a trial by jury prescribed by this section. If the court fails to provide this notice, any subsequent proceedings or rulings do not have the force of law.
74	85
75		-	B. If a party believes that the party's rights have been substantially violated by the orders of the court and files a jury demand with the court within twenty days after the court's orders were filed, the court shall set a new hearing before a jury within twenty days after the demand is filed. A party may have the jury reexamine discrete portions of the court's orders without the entire case being relitigated or reexamined. for all jury trials under this section, the state must convince at least seven or eight jurors that there is clear and convincing evidence, which is not false or otherwise fabricated, that sufficient danger exists and that the state is compelled to remove children from their families.
	86	+	B. If a party believes that the party's rights have been substantially violated by the orders of the court and files a jury demand with the court within twenty days after the court's orders were filed, the court shall set a new hearing before a jury within twenty days after the demand is filed. A party may have the jury reexamine discrete portions of the court's orders without the entire case being relitigated or reexamined.
76	87
77		-	c. ~~the right to~~ a jury trial pursuant to this section shall commence ~~thirty~~ days after the ~~state~~ has ~~removed or seized~~ the child.
	88	+	C. a jury trial set pursuant to this section shall commence within sixty days after the court has entered orders following a hearing for the TERMINATION of the parent-child relationship.
78	89
79	90		D. This section applies to matters before the court for a preliminary protective hearing pursuant to section 8-824 or any other hearing for the termination of the parent-child relationship.
80	91
81		-	e. the ~~remedies prescribed in~~ this section ~~are~~ available only to the people and not to any state agency. END_STATUTE
	92	+	E. The right to a jury trial pursuant to this section is available only to the people and not to any state agency or political subdivision of this state. END_STATUTE
82	93
83	94		Sec. 2. Effective date
84	95
85	96		Section 8-468, Arizona Revised Statutes, as added by this act, is effective from and after December 31, 2023.