SB 1582
Initials JL/GC Page 1 Transmitted to the Governor
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
First Regular Session
Senate: JUD DPA 7-0-0-0 | 3
rd
Read DPA 29-0-1-0-0
House: JUD DP 8-0-0-0-0-0 | 3
rd
Read DP 57-0-3-0-0
SB 1582: lifetime injunction; petition; procedures
Sponsor: Senator Kerr, LD 25
Transmitted to the Governor
Overview
Allows a victim to request a lifetime injunction against a defendant at a time later than the
defendant's sentencing. Clarifies that setting aside or sealing a conviction does not affect the
validity of a lifetime injunction.
History
Current law allows a prosecutor or the victim of a dangerous felony offense, serious offense,
violent or aggravated felony or a sex offense to file a petition at the defendant's time of sentencing
requesting a lifetime injunction. The lifetime injunction is effective immediately and served to the
defendant at the time of sentencing. A lifetime injunction does not expire and is valid for the
defendant's natural lifetime unless any of the following occurs:
1) The victim has died;
2) The conviction has been dismissed, overturned, expunged or the defendant has been
pardoned; or
3) The victim submits a written request to the court requesting early expiration, which the
court may host a hearing to verify (A.R.S. § 13-719).
Dangerous offense is defined to mean an offense involving the discharge, use or threatening
exhibition of a deadly weapon or dangerous instrument or the intentional or knowing infliction of
serious physical injury on another person. Examples of serious offenses include any dangerous
crime against children, armed robbery, first degree murder and kidnapping. Examples of violent
or aggravated felonies include terrorism, child sex trafficking, arson of an occupied structure and
drive by shootings (A.R.S. §§ 13-105, 13-706).
Statute allows an eligible person who has been convicted of a criminal offense to apply to the
court to have the judgment of guilt set aside. A conviction that has been set aside may not be
redacted or removed from the individual's record but must contain an annotation indicating that it
has been set aside. A set aside conviction does not release an individual from penalties and
disabilities imposed by the Department of Transportation and the Game and Fish Commission for
outlined offenses (A.R.S. § 13-905).
An eligible person may file a petition with the court to seal all case records related to a criminal
offense. If the court grants a petition to seal case records the court is mandated to do several
outlined tasks including issuing an order sealing all records relating to the petitioner's arrest,
conviction and sentence and directing the court to notify the Department of Public Safety and the
prosecutor of the sealing order. A sealed conviction may still be used for specified purposes
(A.R.S. § 13-911).
SB 1582
Initials JL/GC Page 2 Transmitted to the Governor
Provisions
1. Permits a victim to file a petition with a court requesting a lifetime injunction after the
defendant's sentencing if the victim did not file one at the time of sentencing. (Sec. 1)
2. Prohibits the court from charging a fee for filing the petition. (Sec. 1)
3. Specifies that setting aside or sealing the conviction does not affect the validity of the lifetime
injunction or prohibit the victim from filing a petition requesting lifetime injunction. (Sec. 1, 3)
4. Authorizes a conviction that has been set aside to be used as a basis for a lifetime injunction.
(Sec. 2)
5. Makes technical changes. (Sec. 1, 3)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note