REFERENCE TITLE: severe threat order of protection
State of Arizona
Senate
Fifty-fourth Legislature
Second Regular Session
2020
SB 1164
Introduced by
Senators Brophy McGee: Bowie, Carter
AN ACT
amending title 12, chapter 10, article 1, Arizona Revised Statutes, by adding section 12‑1811; relating to injunctions.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 12, chapter 10, article 1, Arizona Revised Statutes, is amended by adding section 12-1811, to read:
START_STATUTE12-1811. Severe threat order of protection; procedures; hearing; civil liability
A. In counties with a population of one hundred fifty thousand persons or more, the presiding judge of the superior court, during the hours that the courts are closed, shall make available on a rotating basis a judge or commissioner who may issue a severe threat order of protection by telephone.
B. In counties with a population of less than one hundred fifty thousand persons, a superior court judge or commissioner may issue a severe threat order of protection by telephone.
C.If a severe threat order of protection is requested for a person who is under twelve years of age, the judge or commissioner shall transfer the request to a judge or commissioner who is currently serving in the juvenile division of the superior court.
D. The judge or commissioner who is authorized to issue a severe threat order of protection may issue a written or oral severe threat order of protection if a peace officer attests to having probable cause to believe that a person poses a threat of death or serious physical injury to self or others or has committed an act or attempted act of violence that resulted in or is intended to result in death or serious physical injury to self or others within the preceding fourteen days.
E. A severe threat order of protection includes all of the following:
1. An order enjoining the respondent from contacting any person or entering any premises that is the subject of a threat and that justified the order.
2. An order requiring the respondent to be evaluated by a behavioral health professional to determine if the respondent is a danger to self or others and whether the respondent should be referred for treatment pursuant to title 36, chapter 5, article 4, treatment for substance abuse or other behavioral health treatment.
3. An order prohibiting the respondent from possessing or purchasing a firearm for the duration of the order and requiring the respondent to designate a responsible custodian to take possession of any firearms in the respondent's possession for the duration of the order.
4. Any other relief that is necessary to protect the respondent or any other person who is the subject of a threat, act or attempted act that resulted in the order.
F. A severe threat order of protection expires in fourteen days or after the respondent provides the court with a notice of completion of an evaluation by a behavioral health professional, whichever is later, unless otherwise continued by the court.
G. The judge or commissioner who issues an oral severe threat order of protection shall document the issuance of the order as soon as practicable.A peace officer who receives the verbal order shall write and sign the order. The order shall be served on the respondent. The order shall be filed as soon as practicable after its issuance. The law enforcement agency shall file a certificate of service with the court and shall register the order with the national crime information center as soon as practicable. If a person who is named in the order and who has not received personal service of the order but has received actual notice of the existence and substance of the order commits an act that violates the order, the person is subject to any penalty for the violation.
H. The severe threat order of protection must state on the order that the respondent is entitled to a hearing on written request and shall include the name and address of the judicial office in which the request may be filed.At any time during the period that the order is in effect, the respondent may request a hearing.The court shall hold the hearing within one day, not including weekends, after the date of the written request unless the court finds compelling reasons to continue the hearing.The hearing shall be held at the earliest possible time.After the hearing, the court may modify, quash or continue the severe threat order of protection.
I. The availability of a severe threat order of protection is not affected by any other legal proceeding, including proceedings under title 13 or 36.The proceedings for a severe threat order of protection do not have a preclusive effect on any other legal action that is taken on behalf of this state.
J. A law enforcement agency that has jurisdiction to enforce severe threat orders of protection shall enforce a severe threat order of protection when it has reasonable cause to believe that the order has been violated.
K. Failure of a law enforcement agency to enforce a severe threat order of protection pursuant to this section does not give rise to civil liability except pursuant to section 12‑820.02. END_STATUTE