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| 52 | 55 | | An Act |
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| 53 | 56 | | |
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| 54 | 57 | | |
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| 55 | 58 | | |
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| 56 | 59 | | amending sections 13-3620 and 15-514, Arizona Revised Statutes; relating to mandatory reporting requirements. |
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| 62 | 65 | | (TEXT OF BILL BEGINS ON NEXT PAGE) |
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| 66 | 69 | | Be it enacted by the Legislature of the State of Arizona: Section 1. Section 13-3620, Arizona Revised Statutes, is amended to read: START_STATUTE13-3620. Duty to report abuse, physical injury, neglect and denial or deprivation of medical or surgical care or nourishment of minors; medical records; exception; violation; classification; definitions A. Any person who reasonably believes that a minor is or has been the victim of physical injury, abuse, child abuse, a reportable offense or neglect that appears to have been inflicted on the minor by other than accidental means or that is not explained by the available medical history as being accidental in nature or who reasonably believes there has been a denial or deprivation of necessary medical treatment or surgical care or nourishment with the intent to cause or allow the death of an infant who is protected under section 36-2281 shall immediately report or cause reports to be made of this information to a peace officer, to the department of child safety or to a tribal law enforcement or social services agency for any Indian minor who resides on an Indian reservation, except if the report concerns a person who does not have care, custody or control of the minor, the report shall be made to a peace officer only. A member of the clergy, a Christian Science practitioner or a priest who has received a confidential communication or a confession in that person's role as a member of the clergy, as a Christian Science practitioner or as a priest in the course of the discipline enjoined by the church to which the member of the clergy, the Christian Science practitioner or the priest belongs may withhold reporting of the communication or confession if the member of the clergy, the Christian Science practitioner or the priest determines that it is reasonable and necessary within the concepts of the religion. This exemption applies only to the communication or confession and not to personal observations the member of the clergy, the Christian Science practitioner or the priest may otherwise make of the minor. For the purposes of this subsection, "person" means: 1. Any physician, physician's assistant, optometrist, dentist, osteopathic physician, chiropractor, podiatrist, behavioral health professional, nurse, psychologist, counselor or social worker who develops the reasonable belief in the course of treating a patient. 2. Any peace officer, child welfare investigator, child safety worker, member of the clergy, priest or Christian Science practitioner. 3. The parent, stepparent or guardian of the minor. 4. School personnel, including substitute teachers, domestic violence victim advocates or sexual assault victim advocates who develop the reasonable belief in the course of their employment. 5. Any other person who has responsibility for the care or treatment of the minor. 6. Any person who is employed as the immediate or next higher level supervisor to or administrator of a person who is listed in paragraph 1, 2, 4 or 5 of this subsection and who develops the reasonable belief in the course of the supervisor's or administrator's employment, except that if the supervisor or administrator reasonably believes that the report has been made by a person who is required to report pursuant to paragraph 1, 2, 4 or 5 of this subsection, the supervisor or administrator is not required to report pursuant to this paragraph. 7. Any member of a school district governing board or charter school governing body. B. A report is not required under this section either: 1. For conduct prescribed by sections 13-1404 and 13-1405 if the conduct involves only minors who are fourteen, fifteen, sixteen or seventeen years of age and there is nothing to indicate that the conduct is other than consensual. 2. If a minor is of elementary school age, the physical injury occurs accidentally in the course of typical playground activity during a school day, occurs on the premises of the school that the minor attends and is reported to the legal parent or guardian of the minor and the school maintains a written record of the incident. C. If a physician, psychologist or behavioral health professional receives a statement from a person other than a parent, stepparent, guardian or custodian of the minor during the course of providing sex offender treatment that is not court ordered or that does not occur while the offender is incarcerated in the state department of corrections or the department of juvenile corrections, the physician, psychologist or behavioral health professional may withhold the reporting of that statement if the physician, psychologist or behavioral health professional determines it is reasonable and necessary to accomplish the purposes of the treatment. D. Reports shall be made immediately either electronically or by telephone. The reports shall contain the following information, if known: 1. The names and addresses of the minor and the minor's parents or the person or persons having custody of the minor. 2. The minor's age and the nature and extent of the minor's abuse, child abuse, physical injury or neglect, including any evidence of previous abuse, child abuse, physical injury or neglect. 3. Any other information that the person believes might be helpful in establishing the cause of the abuse, child abuse, physical injury or neglect. E. A health care professional who is regulated pursuant to title 32 and who, after a routine newborn physical assessment of a newborn infant's health status or following notification of positive toxicology screens of a newborn infant, reasonably believes that the newborn infant may be affected by the presence of alcohol or a drug listed in section 13-3401 shall immediately report this information, or cause a report to be made, to the department of child safety. For the purposes of this subsection, "newborn infant" means a newborn infant who is under thirty days of age. F. Any person other than one required to report or cause reports to be made under subsection A of this section who reasonably believes that a minor is or has been a victim of abuse, child abuse, physical injury, a reportable offense or neglect may report the information to a peace officer or to the department of child safety, except if the report concerns a person who does not have care, custody or control of the minor, the report shall be made to a peace officer only. G. A person who has custody or control of medical records of a minor for whom a report is required or authorized under this section shall make the records, or a copy of the records, available to a peace officer, child welfare investigator or child safety worker investigating the minor's neglect, child abuse, physical injury or abuse on written request for the records signed by the peace officer, child welfare investigator or child safety worker. Records disclosed pursuant to this subsection are confidential and may be used only in a judicial or administrative proceeding or investigation resulting from a report required or authorized under this section. H. When reports are a report is received: 1. By a peace officer, the officer shall immediately notify the department of child safety. 2. Notwithstanding any other statute, when by the department receives these reports, it the department shall immediately notify a peace officer in the appropriate jurisdiction. 3. By a school resource officer or school safety officer, the officer shall immediately notify a law enforcement agency in the appropriate jurisdiction and shall submit to the local law enforcement agency all information relating to the report for the purposes of the law enforcement agency investigating the reported conduct. I. Any person who is required to receive reports pursuant to subsection A of this section may take or cause to be taken photographs of the minor and the vicinity involved. Forensic interviews or medical examinations, or both, of the involved minor may be performed. J. A person who furnishes a report, information or records required or authorized under this section, or a person who participates in a judicial or administrative proceeding or investigation resulting from a report, information or records required or authorized under this section, is immune from any civil or criminal liability by reason of that action unless the person acted with malice or unless the person has been charged with or is suspected of abusing or neglecting the child or children in question. K. Except for the attorney client privilege or the privilege under subsection L of this section, no privilege applies to any: 1. Civil or criminal litigation or administrative proceeding in which a minor's neglect, dependency, abuse, child abuse, physical injury or abandonment is an issue. 2. Judicial or administrative proceeding resulting from a report, information or records submitted pursuant to this section. 3. Investigation of a minor's child abuse, physical injury, neglect or abuse conducted by a peace officer or the department of child safety. L. In any civil or criminal litigation in which a child's neglect, dependency, physical injury, abuse, child abuse or abandonment is an issue, a member of the clergy, a Christian Science practitioner or a priest shall not, without his consent, be examined as a witness concerning any confession made to him in his role as a member of the clergy, a Christian Science practitioner or a priest in the course of the discipline enjoined by the church to which he belongs. This subsection does not discharge a member of the clergy, a Christian Science practitioner or a priest from the duty to report pursuant to subsection A of this section. M. If psychiatric records are requested pursuant to subsection G of this section, the custodian of the records shall notify the attending psychiatrist, who may excise from the records, before they are made available: 1. Personal information about individuals other than the patient. 2. Information regarding specific diagnosis or treatment of a psychiatric condition, if the attending psychiatrist certifies in writing that release of the information would be detrimental to the patient's health or treatment. N. If any portion of a psychiatric record is excised pursuant to subsection M of this section, a court, on application of a peace officer, child welfare investigator or child safety worker, may order that the entire record or any portion of the record that contains information relevant to the reported abuse, child abuse, physical injury or neglect be made available to the peace officer, child welfare investigator or child safety worker investigating the abuse, child abuse, physical injury or neglect. O. a student who is identified as a potential victim of a reportable offense MAY BE INTERVIEWED ONLY AS PROVIDED BY the local county protocol that is adopted pursuant to section 8-817. This subsection does not prevent a school safety officer or a school resource officer from either: 1. Receiving a voluntary report of a reportable offense from a student who is an alleged victim. 2. Asking a student minimal follow-up questions that are necessary and authorized by the county protocol. p. a REPORT TO A SCHOOL RESOURCE OFFICER OR A SCHOOL SAFETY OFFICER DOES NOT SATISFY THE REPORTING REQUIREMENT PRESCRIBED BY THIS SECTION. O. q. A person who violates this section is guilty of a class 1 misdemeanor, except if the failure to report involves a reportable offense, the person is guilty of a class 6 felony. P. R. For the purposes of this section: 1. "Abuse" has the same meaning prescribed in section 8-201. 2. "Child abuse" means child abuse pursuant to section 13-3623. 3. "Neglect" has the same meaning prescribed in section 8-201. 4. "Reportable offense" means any of the following: (a) Any offense listed in chapters 14 and 35.1 of this title or section 13-3506. (b) Surreptitious photographing, videotaping, filming or digitally recording or viewing a minor pursuant to section 13-3019. (c) Child sex trafficking pursuant to section 13-3212. (d) Incest pursuant to section 13-3608. (e) Unlawful mutilation pursuant to section 13-1214. 5. "School safety officer" has the same meaning prescribed in section 15-514. 6. "student" means a student who is enrolled in a kindergarten program or any of grades one through twelve. END_STATUTE Sec. 2. Section 15-514, Arizona Revised Statutes, is amended to read: START_STATUTE15-514. Immoral or unprofessional conduct; duty to report; immunity; definition A. Any certificated personnel, or a noncertificated person or governing board a member of a school district governing board or charter school governing body who reasonably suspects or receives a reasonable allegation that a person certificated by the state board of education or a noncertificated person public school employee, including employment through a third-party contractor, has engaged in conduct involving minors that would be subject to the reporting requirements of section 13-3620 shall immediately report or cause reports to be made to a local law enforcement agency. If the employee who is the subject of the suspicion or allegation is certificated by the state board of education or is a noncertificated person, the person shall also report the suspicion or allegation to the state board of education in writing as soon as is reasonably practicable but not later than three business days after the person first suspects or receives an allegation of the conduct. A report to a school resource officer or a school safety officer does not satisfy the reporting requirement prescribed by this subsection. B. The superintendent of a school district or the chief administrator of a charter school who reasonably suspects or receives a reasonable allegation that an act of immoral or unprofessional conduct that would constitute grounds for dismissal or criminal charges by a certificated or noncertificated person has occurred shall report the conduct to the state board of education. C. A person who in good faith reports or provides information pursuant to this section regarding the immoral or unprofessional conduct of a certificated or noncertificated person is not subject to an action for civil damages as a result. D. A governing board or school or school district employee who has control over personnel decisions shall not take unlawful reprisal against an employee because the employee reports in good faith information as required by this section. For the purposes of this subsection, "unlawful reprisal" means an action that is taken by a governing board or school or school district employee who has control over personnel decisions as a direct result of a lawful report pursuant to this section and, with respect to the reporting employee, results in one or more of the following: 1. Disciplinary action. 2. Transfer or reassignment. 3. Suspension, demotion or dismissal. 4. An unfavorable performance evaluation. 5. Other significant changes in duties or responsibilities that are inconsistent with the employee's salary or employment classification. E. Failure to report information as required by this section by a certificated or noncertificated person constitutes grounds for disciplinary action by the state board of education. F. A governing board or school district employee who has control over personnel decisions and who reasonably suspects or receives a reasonable allegation that a person certificated by the state board of education or a noncertificated person has engaged in conduct involving minors that would be subject to the reporting requirements of section 13-3620 and this article shall not accept the resignation of the certificate holder or noncertificated person until these suspicions or allegations have been reported to the state board of education. G. If the conduct that is the subject of the suspicions or allegations reported pursuant to this section is a reportable offense, any investigation related to the suspicions, allegations or report is subject to the following: 1. If a school resource officer, school safety officer or school administrator receives a report regarding suspicions or allegations of a reportable offense, the school resource officer, school safety officer or school administrator shall submit to a local law enforcement agency all information relating to the report for the purposes of the local law enforcement agency investigating the reported conduct. 2. a student who is identified as a potential victim of the alleged conduct MAY BE INTERVIEWED ONLY AS PROVIDED BY the local county protocol that is adopted pursuant to section 8-817. This paragraph does not prevent a school employee, school safety officer or school resource officer from receiving a voluntary report that a school employee committed a reportable offense from a student who is an alleged victim. G. H. For the purposes of this section: , 1. "Noncertificated person" has the same meaning prescribed in section 15-505. 2. "Reportable offense" has the same meaning prescribed in section 13-3620. 3. "school safety officer" means a peace officer who is working in an off-duty capacity at a school. END_STATUTE |
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| 67 | 70 | | |
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| 68 | 71 | | Be it enacted by the Legislature of the State of Arizona: |
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| 69 | 72 | | |
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| 70 | 73 | | Section 1. Section 13-3620, Arizona Revised Statutes, is amended to read: |
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| 71 | 74 | | |
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| 72 | 75 | | START_STATUTE13-3620. Duty to report abuse, physical injury, neglect and denial or deprivation of medical or surgical care or nourishment of minors; medical records; exception; violation; classification; definitions |
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| 73 | 76 | | |
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| 74 | 77 | | A. Any person who reasonably believes that a minor is or has been the victim of physical injury, abuse, child abuse, a reportable offense or neglect that appears to have been inflicted on the minor by other than accidental means or that is not explained by the available medical history as being accidental in nature or who reasonably believes there has been a denial or deprivation of necessary medical treatment or surgical care or nourishment with the intent to cause or allow the death of an infant who is protected under section 36-2281 shall immediately report or cause reports to be made of this information to a peace officer, to the department of child safety or to a tribal law enforcement or social services agency for any Indian minor who resides on an Indian reservation, except if the report concerns a person who does not have care, custody or control of the minor, the report shall be made to a peace officer only. A member of the clergy, a Christian Science practitioner or a priest who has received a confidential communication or a confession in that person's role as a member of the clergy, as a Christian Science practitioner or as a priest in the course of the discipline enjoined by the church to which the member of the clergy, the Christian Science practitioner or the priest belongs may withhold reporting of the communication or confession if the member of the clergy, the Christian Science practitioner or the priest determines that it is reasonable and necessary within the concepts of the religion. This exemption applies only to the communication or confession and not to personal observations the member of the clergy, the Christian Science practitioner or the priest may otherwise make of the minor. For the purposes of this subsection, "person" means: |
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| 75 | 78 | | |
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| 76 | 79 | | 1. Any physician, physician's assistant, optometrist, dentist, osteopathic physician, chiropractor, podiatrist, behavioral health professional, nurse, psychologist, counselor or social worker who develops the reasonable belief in the course of treating a patient. |
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| 77 | 80 | | |
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| 78 | 81 | | 2. Any peace officer, child welfare investigator, child safety worker, member of the clergy, priest or Christian Science practitioner. |
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| 79 | 82 | | |
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| 80 | 83 | | 3. The parent, stepparent or guardian of the minor. |
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| 81 | 84 | | |
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| 82 | 85 | | 4. School personnel, including substitute teachers, domestic violence victim advocates or sexual assault victim advocates who develop the reasonable belief in the course of their employment. |
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| 83 | 86 | | |
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| 84 | 87 | | 5. Any other person who has responsibility for the care or treatment of the minor. |
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| 85 | 88 | | |
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| 86 | 89 | | 6. Any person who is employed as the immediate or next higher level supervisor to or administrator of a person who is listed in paragraph 1, 2, 4 or 5 of this subsection and who develops the reasonable belief in the course of the supervisor's or administrator's employment, except that if the supervisor or administrator reasonably believes that the report has been made by a person who is required to report pursuant to paragraph 1, 2, 4 or 5 of this subsection, the supervisor or administrator is not required to report pursuant to this paragraph. |
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| 87 | 90 | | |
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| 88 | 91 | | 7. Any member of a school district governing board or charter school governing body. |
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| 89 | 92 | | |
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| 90 | 93 | | B. A report is not required under this section either: |
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| 91 | 94 | | |
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| 92 | 95 | | 1. For conduct prescribed by sections 13-1404 and 13-1405 if the conduct involves only minors who are fourteen, fifteen, sixteen or seventeen years of age and there is nothing to indicate that the conduct is other than consensual. |
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| 93 | 96 | | |
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| 94 | 97 | | 2. If a minor is of elementary school age, the physical injury occurs accidentally in the course of typical playground activity during a school day, occurs on the premises of the school that the minor attends and is reported to the legal parent or guardian of the minor and the school maintains a written record of the incident. |
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| 95 | 98 | | |
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| 96 | 99 | | C. If a physician, psychologist or behavioral health professional receives a statement from a person other than a parent, stepparent, guardian or custodian of the minor during the course of providing sex offender treatment that is not court ordered or that does not occur while the offender is incarcerated in the state department of corrections or the department of juvenile corrections, the physician, psychologist or behavioral health professional may withhold the reporting of that statement if the physician, psychologist or behavioral health professional determines it is reasonable and necessary to accomplish the purposes of the treatment. |
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| 97 | 100 | | |
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| 98 | 101 | | D. Reports shall be made immediately either electronically or by telephone. The reports shall contain the following information, if known: |
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| 99 | 102 | | |
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| 100 | 103 | | 1. The names and addresses of the minor and the minor's parents or the person or persons having custody of the minor. |
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| 101 | 104 | | |
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| 102 | 105 | | 2. The minor's age and the nature and extent of the minor's abuse, child abuse, physical injury or neglect, including any evidence of previous abuse, child abuse, physical injury or neglect. |
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| 103 | 106 | | |
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| 104 | 107 | | 3. Any other information that the person believes might be helpful in establishing the cause of the abuse, child abuse, physical injury or neglect. |
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| 105 | 108 | | |
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| 106 | 109 | | E. A health care professional who is regulated pursuant to title 32 and who, after a routine newborn physical assessment of a newborn infant's health status or following notification of positive toxicology screens of a newborn infant, reasonably believes that the newborn infant may be affected by the presence of alcohol or a drug listed in section 13-3401 shall immediately report this information, or cause a report to be made, to the department of child safety. For the purposes of this subsection, "newborn infant" means a newborn infant who is under thirty days of age. |
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| 107 | 110 | | |
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| 108 | 111 | | F. Any person other than one required to report or cause reports to be made under subsection A of this section who reasonably believes that a minor is or has been a victim of abuse, child abuse, physical injury, a reportable offense or neglect may report the information to a peace officer or to the department of child safety, except if the report concerns a person who does not have care, custody or control of the minor, the report shall be made to a peace officer only. |
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| 109 | 112 | | |
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| 110 | 113 | | G. A person who has custody or control of medical records of a minor for whom a report is required or authorized under this section shall make the records, or a copy of the records, available to a peace officer, child welfare investigator or child safety worker investigating the minor's neglect, child abuse, physical injury or abuse on written request for the records signed by the peace officer, child welfare investigator or child safety worker. Records disclosed pursuant to this subsection are confidential and may be used only in a judicial or administrative proceeding or investigation resulting from a report required or authorized under this section. |
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| 111 | 114 | | |
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| 112 | 115 | | H. When reports are a report is received: |
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| 113 | 116 | | |
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| 114 | 117 | | 1. By a peace officer, the officer shall immediately notify the department of child safety. |
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| 115 | 118 | | |
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| 116 | 119 | | 2. Notwithstanding any other statute, when by the department receives these reports, it the department shall immediately notify a peace officer in the appropriate jurisdiction. |
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| 117 | 120 | | |
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| 118 | 121 | | 3. By a school resource officer or school safety officer, the officer shall immediately notify a law enforcement agency in the appropriate jurisdiction and shall submit to the local law enforcement agency all information relating to the report for the purposes of the law enforcement agency investigating the reported conduct. |
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| 119 | 122 | | |
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| 120 | 123 | | I. Any person who is required to receive reports pursuant to subsection A of this section may take or cause to be taken photographs of the minor and the vicinity involved. Forensic interviews or medical examinations, or both, of the involved minor may be performed. |
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| 121 | 124 | | |
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| 122 | 125 | | J. A person who furnishes a report, information or records required or authorized under this section, or a person who participates in a judicial or administrative proceeding or investigation resulting from a report, information or records required or authorized under this section, is immune from any civil or criminal liability by reason of that action unless the person acted with malice or unless the person has been charged with or is suspected of abusing or neglecting the child or children in question. |
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| 123 | 126 | | |
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| 124 | 127 | | K. Except for the attorney client privilege or the privilege under subsection L of this section, no privilege applies to any: |
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| 125 | 128 | | |
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| 126 | 129 | | 1. Civil or criminal litigation or administrative proceeding in which a minor's neglect, dependency, abuse, child abuse, physical injury or abandonment is an issue. |
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| 127 | 130 | | |
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| 128 | 131 | | 2. Judicial or administrative proceeding resulting from a report, information or records submitted pursuant to this section. |
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| 129 | 132 | | |
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| 130 | 133 | | 3. Investigation of a minor's child abuse, physical injury, neglect or abuse conducted by a peace officer or the department of child safety. |
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| 131 | 134 | | |
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| 132 | 135 | | L. In any civil or criminal litigation in which a child's neglect, dependency, physical injury, abuse, child abuse or abandonment is an issue, a member of the clergy, a Christian Science practitioner or a priest shall not, without his consent, be examined as a witness concerning any confession made to him in his role as a member of the clergy, a Christian Science practitioner or a priest in the course of the discipline enjoined by the church to which he belongs. This subsection does not discharge a member of the clergy, a Christian Science practitioner or a priest from the duty to report pursuant to subsection A of this section. |
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| 133 | 136 | | |
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| 134 | 137 | | M. If psychiatric records are requested pursuant to subsection G of this section, the custodian of the records shall notify the attending psychiatrist, who may excise from the records, before they are made available: |
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| 135 | 138 | | |
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| 136 | 139 | | 1. Personal information about individuals other than the patient. |
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| 137 | 140 | | |
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| 138 | 141 | | 2. Information regarding specific diagnosis or treatment of a psychiatric condition, if the attending psychiatrist certifies in writing that release of the information would be detrimental to the patient's health or treatment. |
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| 139 | 142 | | |
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| 140 | 143 | | N. If any portion of a psychiatric record is excised pursuant to subsection M of this section, a court, on application of a peace officer, child welfare investigator or child safety worker, may order that the entire record or any portion of the record that contains information relevant to the reported abuse, child abuse, physical injury or neglect be made available to the peace officer, child welfare investigator or child safety worker investigating the abuse, child abuse, physical injury or neglect. |
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| 141 | 144 | | |
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| 142 | 145 | | O. a student who is identified as a potential victim of a reportable offense MAY BE INTERVIEWED ONLY AS PROVIDED BY the local county protocol that is adopted pursuant to section 8-817. This subsection does not prevent a school safety officer or a school resource officer from either: |
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| 143 | 146 | | |
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| 144 | 147 | | 1. Receiving a voluntary report of a reportable offense from a student who is an alleged victim. |
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| 145 | 148 | | |
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| 146 | 149 | | 2. Asking a student minimal follow-up questions that are necessary and authorized by the county protocol. |
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| 147 | 150 | | |
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| 148 | 151 | | p. a REPORT TO A SCHOOL RESOURCE OFFICER OR A SCHOOL SAFETY OFFICER DOES NOT SATISFY THE REPORTING REQUIREMENT PRESCRIBED BY THIS SECTION. |
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| 149 | 152 | | |
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| 150 | 153 | | O. q. A person who violates this section is guilty of a class 1 misdemeanor, except if the failure to report involves a reportable offense, the person is guilty of a class 6 felony. |
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| 151 | 154 | | |
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| 152 | 155 | | P. R. For the purposes of this section: |
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| 153 | 156 | | |
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| 154 | 157 | | 1. "Abuse" has the same meaning prescribed in section 8-201. |
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| 155 | 158 | | |
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| 156 | 159 | | 2. "Child abuse" means child abuse pursuant to section 13-3623. |
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| 157 | 160 | | |
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| 158 | 161 | | 3. "Neglect" has the same meaning prescribed in section 8-201. |
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| 159 | 162 | | |
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| 160 | 163 | | 4. "Reportable offense" means any of the following: |
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| 161 | 164 | | |
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| 162 | 165 | | (a) Any offense listed in chapters 14 and 35.1 of this title or section 13-3506. |
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| 163 | 166 | | |
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| 164 | 167 | | (b) Surreptitious photographing, videotaping, filming or digitally recording or viewing a minor pursuant to section 13-3019. |
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| 165 | 168 | | |
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| 166 | 169 | | (c) Child sex trafficking pursuant to section 13-3212. |
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| 167 | 170 | | |
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| 168 | 171 | | (d) Incest pursuant to section 13-3608. |
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| 169 | 172 | | |
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| 170 | 173 | | (e) Unlawful mutilation pursuant to section 13-1214. |
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| 171 | 174 | | |
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| 172 | 175 | | 5. "School safety officer" has the same meaning prescribed in section 15-514. |
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| 173 | 176 | | |
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| 174 | 177 | | 6. "student" means a student who is enrolled in a kindergarten program or any of grades one through twelve. END_STATUTE |
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| 175 | 178 | | |
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| 176 | 179 | | Sec. 2. Section 15-514, Arizona Revised Statutes, is amended to read: |
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| 177 | 180 | | |
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| 178 | 181 | | START_STATUTE15-514. Immoral or unprofessional conduct; duty to report; immunity; definition |
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| 179 | 182 | | |
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| 180 | 183 | | A. Any certificated personnel, or a noncertificated person or governing board a member of a school district governing board or charter school governing body who reasonably suspects or receives a reasonable allegation that a person certificated by the state board of education or a noncertificated person public school employee, including employment through a third-party contractor, has engaged in conduct involving minors that would be subject to the reporting requirements of section 13-3620 shall immediately report or cause reports to be made to a local law enforcement agency. If the employee who is the subject of the suspicion or allegation is certificated by the state board of education or is a noncertificated person, the person shall also report the suspicion or allegation to the state board of education in writing as soon as is reasonably practicable but not later than three business days after the person first suspects or receives an allegation of the conduct. A report to a school resource officer or a school safety officer does not satisfy the reporting requirement prescribed by this subsection. |
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| 181 | 184 | | |
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| 182 | 185 | | B. The superintendent of a school district or the chief administrator of a charter school who reasonably suspects or receives a reasonable allegation that an act of immoral or unprofessional conduct that would constitute grounds for dismissal or criminal charges by a certificated or noncertificated person has occurred shall report the conduct to the state board of education. |
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| 183 | 186 | | |
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| 184 | 187 | | C. A person who in good faith reports or provides information pursuant to this section regarding the immoral or unprofessional conduct of a certificated or noncertificated person is not subject to an action for civil damages as a result. |
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| 185 | 188 | | |
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| 186 | 189 | | D. A governing board or school or school district employee who has control over personnel decisions shall not take unlawful reprisal against an employee because the employee reports in good faith information as required by this section. For the purposes of this subsection, "unlawful reprisal" means an action that is taken by a governing board or school or school district employee who has control over personnel decisions as a direct result of a lawful report pursuant to this section and, with respect to the reporting employee, results in one or more of the following: |
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| 187 | 190 | | |
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| 188 | 191 | | 1. Disciplinary action. |
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| 189 | 192 | | |
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| 190 | 193 | | 2. Transfer or reassignment. |
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| 191 | 194 | | |
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| 192 | 195 | | 3. Suspension, demotion or dismissal. |
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| 193 | 196 | | |
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| 194 | 197 | | 4. An unfavorable performance evaluation. |
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| 195 | 198 | | |
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| 196 | 199 | | 5. Other significant changes in duties or responsibilities that are inconsistent with the employee's salary or employment classification. |
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| 197 | 200 | | |
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| 198 | 201 | | E. Failure to report information as required by this section by a certificated or noncertificated person constitutes grounds for disciplinary action by the state board of education. |
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| 199 | 202 | | |
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| 200 | 203 | | F. A governing board or school district employee who has control over personnel decisions and who reasonably suspects or receives a reasonable allegation that a person certificated by the state board of education or a noncertificated person has engaged in conduct involving minors that would be subject to the reporting requirements of section 13-3620 and this article shall not accept the resignation of the certificate holder or noncertificated person until these suspicions or allegations have been reported to the state board of education. |
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| 201 | 204 | | |
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| 202 | 205 | | G. If the conduct that is the subject of the suspicions or allegations reported pursuant to this section is a reportable offense, any investigation related to the suspicions, allegations or report is subject to the following: |
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| 203 | 206 | | |
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| 204 | 207 | | 1. If a school resource officer, school safety officer or school administrator receives a report regarding suspicions or allegations of a reportable offense, the school resource officer, school safety officer or school administrator shall submit to a local law enforcement agency all information relating to the report for the purposes of the local law enforcement agency investigating the reported conduct. |
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| 205 | 208 | | |
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| 206 | 209 | | 2. a student who is identified as a potential victim of the alleged conduct MAY BE INTERVIEWED ONLY AS PROVIDED BY the local county protocol that is adopted pursuant to section 8-817. This paragraph does not prevent a school employee, school safety officer or school resource officer from receiving a voluntary report that a school employee committed a reportable offense from a student who is an alleged victim. |
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| 207 | 210 | | |
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| 208 | 211 | | G. H. For the purposes of this section: , |
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| 209 | 212 | | |
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| 210 | 213 | | 1. "Noncertificated person" has the same meaning prescribed in section 15-505. |
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| 211 | 214 | | |
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| 212 | 215 | | 2. "Reportable offense" has the same meaning prescribed in section 13-3620. |
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| 213 | 216 | | |
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| 214 | 217 | | 3. "school safety officer" means a peace officer who is working in an off-duty capacity at a school. END_STATUTE |
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