Assigned to JUD FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
FACT SHEET FOR S.B. 1436
offenses; lifetime injunction
Purpose
Adds stalking, voyeurism and aggravated assault by way of strangulation or domestic
violence to the list of offenses that qualify for lifetime injunctions.
Background
At the time of sentencing and at the request of the victim or the prosecutor, the court is
required to issue a no-contact injunction against a defendant convicted of a dangerous offense,
serious offense, violent or aggravated felony or a felony sexual offense. The injunction is effective
immediately and is valid for the defendant's natural lifetime, unless: 1) the defendant can show the
court that either the victim has died, or the conviction has been dismissed, expunged, overturned
or the defendant has been pardoned; or 2) the victim submits a written request to the court for an
early expiration, in which case the court must hold a hearing. The validity of an injunction is not
affected by the set aside or sealing of a conviction record. If the victim did not request an injunction
at the time of sentencing, or the sentencing occurred before September 24, 2022, the victim may
submit a petition to the court requesting an injunction, and the court may not charge a fee for filing
the petition (A.R.S. ยง 13-719).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Adds the following crimes to the list of offenses for which a victim may request a lifetime
injunction against the convicted defendant:
a) aggravated assault by way of strangulation or domestic violence;
b) voyeurism; and
c) stalking.
2. Becomes effective on the general effective date.
Prepared by Senate Research
February 5, 2024
ZD/cs