Rough Draft
March 30, 2018 01:32 PM
Foner 1643, Drafter STEVE PRIMACK

 

 

REFERENCE TITLE: schooTs; protective orders; appropriations

State of Arizona

House of Representatives
Fifty?third Legislature
Second ReguIar Session
2018

H. B.

Introduced by

 

 

AN ACT

AMENDING SECTIONS 8-202 AND 8-208. ARIZONA REVISED STATUTES: AMENDING
TITLE 12, CHAPTER 10. ARIZONA REVISED STATUTES, BY ADDING ARTICLE 5:
AMENDING SECTIONS 13-2703 AND 13-3101, ARIZONA REVISED STATUTES: AMENDING
TITLE 15, CHAPTER 1, ARTICLE 5, ARIZONA REVISED STATUTES, BY ADDING
SECTION 15-153; AMENDING SECTIONS 15-154, 15-341 AND 15-503, ARIZONA
REVISED STATUTES: AMENDING SECTION 36-519. ARIZONA REVISED 
AMENDING TITLE 36, CHAPTER 29, ARTICLE 1, ARIZONA REVISED STATUTES, BY
ADDING SECTION 36-2907.l4; AMENDING SECTIONS 41-1711, 41-1715, 41-1750 AND
41-1822, ARIZONA REVISED APPROPRIATING RELATING TO
PUBLIC SAFETY.

(TEXT OF BILL BEGINS ON NEXT PAGE)

 






Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 8-202, Arizona Revised Statutes, is amended to
read:

8?202. Jurisdiction of juvenile court

A. The juvenile court has original jurisdiction over all
delinquency proceedings brought under the authority of this title.

B. The juvenile court has exclusive original jurisdiction over all
proceedings:

1. Brought under the authority of this title except for delinquency
proceedings.

2. RELATING TO A SEVERE THREAT ORDER OF PROTECTION IN WHICH THE
PERSON IS UNDER EIGHTEEN YEARS OF AGE.

C. The juvenile court may consolidate any matter, except that the
juvenile court shall not consolidate any of the following:

1. A criminal proceeding that is filed in another division of
superior court and that involves a child who is subject to the
jurisdiction of the juvenile court.

2. A delinquency proceeding with any other proceeding that does not
involve delinquency. unless the juvenile delinquency adjudication
proceeding is not heard at the same time or in the same hearing as a
nondelinquency proceeding.

D. The juvenile court has jurisdiction of proceedings to:

1. Obtain judicial consent to the marriage, employment or
enlistment in the armed services of a child, if consent is required by
law.

2. In an action in which parental rights are terminated pursuant to
chapter 4, article 5 or 11 of this title, change the name of a minor child
who is the subject of the action. If the minor child who is the subject
of the action is twelve years of age or older, the court shall consider
the wishes of the child with respect to the name change.

E. The juvenile- court has jurisdiction over both civil traffic
violations and offenses listed in section 8-323, subsection 'that are
committed within the county by persons who are under eighteen years of age
unless the presiding judge of the county declines jurisdiction of these
cases. The presiding judge of the county may decline jurisdiction of
civil traffic violations committed within the county by juveniles if the
presiding judge finds that the declination would promote the more
efficient use of limited judicial and law enforcement resources located
within the county. If the presiding judge declines jurisdiction, juvenile
civil traffic violations shall be processed, heard and disposed of in the
same manner and with the same penalties as adult civil traffic violations.

F. The orders of the juvenile court under the authority of this
chapter or chapter 3 or 4 of this title take precedence over any order of
any other court of this state except the court of appeals and the supreme






court to the extent that they are inconsistent with orders of other
courts.

G. Except as otherwise provided by law, jurisdiction of a child
that is obtained by the juvenile court in a proceeding under this chapter
or chapter 3 or 4 of this title shall be retained by it, for the purposes
of implementing the orders made and filed in that proceeding. until the
child becomes eighteen years of age, unless terminated by order of the
court before the child's eighteenth birthday.

H. Persons who are under eighteen years of age shall be prosecuted
in the same manner as adults if either:

1. The juvenile court transfers jurisdiction pursuant to section
8-327.

2. The juvenile is charged as an adult with an offense listed in
section 13-501.

Sec. 2. Section 8?208, Arizona Revised Statutes, is amended to
read:

8-208. Juvenile court records; public inspection; exceptions

A. The following records relating to a juvenile who is referred to
juvenile court are open to public inspection:

1. Referrals involving delinquent acts, after the referrals have
been made to the juvenile court or the county attorney has diverted the
matter according to section 8-321.

2. Arrest records, after the juvenile is an accused as defined by
section 13-501.

3. Delinquency hearings.

Disposition hearings.

A summary of delinquency, disposition and transfer hearings.
Revocation of probation hearings.

Appellate review.

Diversion proceedings involving delinquent acts.

B. On the request of an adult probation officer or state or local
prosecutor. the juvenile court shall release to an adult probation
department or prosecutor all information in its possession concerning a
person who is charged with a criminal offense.

C. The juvenile court shall release all information in its
possession concerning a person who is arrested for a criminal offense to
superior court programs or departments, other court divisions or judges or
as authorized by the superior court for the purpose of assisting in the
determination of release from custody, bond and pretrial supervision.

D. On request by the appropriate jail authorities for the purpose
of determining classification, treatment and security, the juvenile court
shall release all information in its possession concerning persons who are
under eighteen years of age, who have been transferred from juvenile court
for criminal prosecution and who are being held in a county jail pending
trial.








E. The court shall edit the records to protect the identity of the
victim or the immediate family of the victim if the victim has died as a
result of the alIeged offense.

F. Except as otherwise provided by law, the records of an adoption,
severance or dependency proceeding shall not be open to public inspection.

G. The court may order that the records be kept confidential and
withheld from public inspection if the court determines that the subject
matter of any record involves a clear public interest in confidentiality.

H. The disclosure of educational records received pursuant to
section 15-141 shall comply with the family educational RIGHTS and privacy
rights act of 1974 (20 United States Code section 12329).

I. A PETITION FOR A SEVERE THREAT ORDER OF PROTECTION AND THE ORDER
ISSUED MAY BE DISCLOSED ONLY IF THE COURT ISSUES THE SEVERE THREAT ORDER
OF PROTECTION. THE PETITION AND THE ORDER MAY BE PROVIDED ONLY TO THE
PARENT OR LEGAL GUARDIAN OF THE MINOR RESPONDENT, LAN ENFORCEMENT, A
JUVENILE PROBATION OFFICER, A BEHAVIORAL HEALTH PROFESSIONAL, A SCHOOL OR
DISTRICT THAT THE MINOR RESPONDENT IS ATTENDING OR HAS ATTENDED IN THE
YEAR PRECEDING THE DATE OF THE ORDER AND A PERSON WHO HAS BEEN THE NAMED
TARGET OF THREATS OR ACTS COMMITTED BY THE MINOR RESPONDENT.

Sec. 3. Title 12, chapter IO, Arizona Revised Statutes, is amended
by adding articIe 5, to read:

ARTICLE 5. SEVERE THREAT ORDER OF PROTECTION

12 1881. Definitions

IN THIS ARTICLE, UNLESS THE CONTEXT OTHERNISE REQUIRES:

1. MISTREATMENT OF AN MEANS TO TORTURE OR OTHERNISE
INFLICT UNNECESSARY SERIOUS PHYSICAL INJURY ON AN ANIMAL OR TO KILL AN
ANIMAL IN A MANNER THAT CAUSES PROTRACTED SUFFERING TO THE ANIMAL BUT DOES
NOT INCLUDE ACTIVITIES THAT ARE REGULATED BY THE ARIZONA GAME AND FISH
DEPARTMENT OR THE ARIZONA DEPARTMENT OF AGRICULTURE.

2. MEANS A PROFESSIONAL MULTIDISCIPLINARY ANALYSIS OF
A PERSON THAT MAY INCLUDE FIRSTHAND OBSERVATIONS OR REMOTE OBSERVATIONS BY
INTERACTIVE AUDIOVISUAL MEDIA AND THAT IS BASED ON DATA DESCRIBING THE
IDENTITY, BIOGRAPHY AND MEDICAL, AND SOCIAL
CONDITIONS CARRIED OUT BY AT LEAST TWO INDIVIDUALS, ONE OF NHOM IS A
LICENSED AND ONE OF WHOM IS A SOCIAL NORKER WHO IS FAMILIAR
NITH MENTAL HEALTH AND HUMAN SERVICES THAT MAY PROVIDE PLACEMENT
ALTERNATIVES APPROPRIATE FOR TREATMENT.

3. MEANS A HEALTH CARE AGENCY THAT IS LICENSED
BY THE DEPARTMENT OF HEALTH SERVICES AND THAT HAS BEEN APPROVED PURSUANT
TO TITLE 36.

4. MEANS, WITH RESPECT TO AN INDIVIDUAL, A SPOUSE.
CHILD, STEPCHILD, PARENT, STEPPARENT, SIBLING. GRANDCHILD OR GRANDPARENT
OF THE INDIVIDUAL, A PERSON NITH NHOM THE INDIVIDUAL SHARES A CHILD IN
COMMON, THE LEGAL GUARDIAN OF THE INDIVIDUAL OR A PERSON NHO COHABITATES
OR HAS COHABITATED WITH THE INDIVIDUAL WITHIN THE PREVIOUS YEAR.

-3-






5. MEANS A PERSON WHO IS AT LEAST EIGHTEEN YEARS OF
AGE AND WHO IS A FAMILY MEMBER, LEGAL GUARDIAN, HOUSEHOLD MEMBER,
SIGNIFICANT OTHER, SCHOOL ADMINISTRATOR, TEACHER, RESIDENT ASSISTANT OR
BEHAVIORAL HEALTH PROFESSIONAL.

6. MEANS THE IMPAIRMENT OF PHYSICAL CONDITION.

7. MEANS, WITH RESPECT TO AN INDIVIDUAL, A
PERSON WITH WHOM THE INDIVIDUAL HAS BEEN INVOLVED IN A SUBSTANTIAL AND
ONGOING ROMANTIC RELATIONSHIP WITHIN THE PREVIOUS YEAR.

12-1882. Severe threat order of Drotection: ex Darte severe
threat oickuo order issuance: reouest for hearinq:
notice; Iaw enforcement notification: civiI
IiabiIity

A. A PETITIONER MAY FILE A VERIFIED PETITION IN THE SUPERIOR COURT
REQUESTING THE COURT TO ISSUE A SEVERE THREAT ORDER OF PROTECTION. A
SEVERE THREAT ORDER OF PROTECTION SHALL REOUIRE THE SUBJECT OF THE ORDER
TO SUBMIT TO AN EVALUATION FOR MENTAL ILLNESS, BEHAVIORAL HEALTH ISSUES
AND SUBSTANCE ABUSE BASED ON THE MAKING A CREDIBLE THREAT OF
PHYSICAL INJURY. COMMITTING OR ATTEMPTING TO COMMIT AN ACT OF VIOLENCE
THAT RESULTED IN OR WAS INTENDED TO RESULT IN PHYSICAL INJURY TO SELF OR
OTHERS OR CRUEL MISTREATMENT OF AN ANIMAL.

B. THE PETITION FOR A SEVERE THREAT ORDER OF PROTECTION MUST
INCLUDE ALL OF THE FOLLOWING:

1. THE NAME. THE ADDRESS SHALL BE
DISCLOSED TO THE COURT FOR PURPOSES OF SERVICE. IF THE ADDRESS OF THE
PETITIONER IS UNKNOWN TO THE DEFENDANT, THE PETITIONER MAY REQUEST THAT
THE ADDRESS BE PROTECTED. ON THE REQUEST. THE ADDRESS SHALL
NOT BE LISTED ON THE PETITION. WHETHER OR NOT THE COURT ISSUES A SEVERE
THREAT ORDER OF PROTECTION, THE ADDRESS SHALL BE MAINTAINED
IN A SEPARATE DOCUMENT OR ELECTRONICALLY AND IS NOT SUBJECT TO RELEASE 0R
DISCLOSURE BY THE COURT OR TO ANY FORM OF PUBLIC ACCESS EXCEPT AS ORDERED
BY THE COURT.

2. THE NAME AND ADDRESS, IF KNOWN.

3. A SPECIFIC STATEMENT, INCLUDING DATES, OF ANY OF THE FOLLOWING
ACTS:

A CREDIBLE THREAT OF PHYSICAL INJURY, AN ACT OF VIOLENCE THAT
RESULTED IN PHYSICAL INJURY OR AN ATTEMPTED OF VIOLENCE THAT WAS
INTENDED TO CAUSE PHYSICAL INJURY AGAINST SELF OR OTHERS OR CRUEL
MISTREATMENT OF AN ANIMAL THAT OCCURRED WITHIN THE PRECEDING SIX MONTHS.

A SPECIFIC BEHAVIOR OR ACT THAT JUSTIFIES THE REASONABLE BELIEF
THAT THE RESPONDENT IS A DANGER TO SELF OR OTHERS.

4. THE RELATIONSHIP BETWEEN THE PARTIES AND WHETHER THERE IS OR HAS
BEEN A SEVERE THREAT ORDER OF PROTECTION, A DOMESTIC VIOLENCE ORDER OF
PROTECTION, AN INJUNCTION AGAINST HARASSMENT OR AN INJUNCTION AGAINST
WORKPLACE HARASSMENT IN PLACE BETWEEN THE PARTIES.

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UH








PRESENT IS NOT LAWFULLY ABLE TO POSSESS THE FIREARM. A FIREARM THAT IS
TEMPORARILY SEIZED MUST BE RETURNED TO THE PERSON AT THE END OF THE LAW
ENFORCEMENT CONTACT UNLESS THERE IS PROBABLE CAUSE TO BELIEVE THAT ANY
PERSON WHO IS PRESENT MAY NOT LAWFULLY POSSESS THE FIREARM.

L. WITHIN TWENTY-FOUR HOURS AFTER A COURT ISSUES A SEVERE THREAT
ORDER OF PROTECTION THE COURT MUST FORWARD A COPY OF THE ORDER AND PROOF
OF SERVICE, IF APPLICABLE, TO THE OFFICE IN THE COUNTY IN WHICH
THE ORDER WAS ISSUED FOR REGISTRATION BY THE SHERIFF IN A CENTRAL
REPOSITORY.

M. EACH COUNTY SHERIFF SHALL MAINTAIN A CENTRAL REPOSITORY TO
VERIFY THE EXISTENCE AND VALIDITY OF A SEVERE THREAT ORDER OF PROTECTION.
THE SHERIFF SHALL REGISTER THE ORDER WITH THE NATIONAL CRIME INFORMATION
CENTER AND SHALL INDICATE ON THE FILE WHETHER THE PERSON IS SUBJECT TO
FIREARM RESTRICTIONS.

N. WITHIN HOURS AFTER A COURT MODIFIES, EXTENDS OR
QUASHES A SEVERE THREAT ORDER OF PROTECTION, THE COURT SHALL SEND A
WRITTEN ORDER THAT MODIFIES, EXTENDS OR OUASHES THE SEVERE THREAT ORDER OF
PROTECTION TO THE SHERIFF IN THE COUNTY WHERE THE ORIGINAL ORDER WAS
REGISTERED.

O. A PETITIONER WHO FILES A PETITION PURSUANT TO THIS SECTION OR
WHO PROVIDES INFORMATION OR OTHERWISE PARTICIPATES IN PROCEEDINGS
AUTHORIZED BY THIS SECTION IS IMMUNE FROM CIVIL LIABILITY UNLESS THE
PETITIONER ACTS WITH MALICE OR VIOLATES SECTION 13-2703.

12-1883. Emerqency severe threat order of protection:

issuance; Grounds: detention period: civiT
TiabiTity

A. A LAW ENFORCEMENT OFFICER MAY SEEK AN EMERGENCY SEVERE THREAT
ORDER OF PROTECTION FROM THE SUPERIOR COURT THAT ALLOWS THE LAW
ENFORCEMENT OFFICER TO TAKE A PERSON INTO CUSTODY IF THE LAW ENFORCEMENT
OFFICER HAS PROBABLE CAUSE TO BELIEVE THE PERSON IS A DANGER TO SELF OR
OTHERS AND IS LIKELY TO SUFFER SERIOUS PHYSICAL INJURY OR CAUSE SERIOUS
PHYSICAL INJURY TO ANOTHER PERSON UNLESS IMMEDIATE ACTION IS TAKEN.

B. AN EMERGENCY SEVERE THREAT ORDER OF PROTECTION SHALL BE ISSUED
USING THE SAME PROCEDURES FOR ISSUING AN EMERGENCY ORDER OF PROTECTION
PURSUANT TO SECTION 13-3624, EXCEPT THAT THE GROUNDS FOR ISSUING AN
EMERGENCY SEVERE THREAT ORDER OF PROTECTION INCLUDE ANY OF THE FOLLOWING:

1. MAKING A CREDIBLE THREAT OF PHYSICAL INJURY, COMMITTING AN ACT
OR ATTEMPTED ACT OF VIOLENCE THAT RESULTS IN OR IS INTENDED TO RESULT IN
PHYSICAL INJURY OR OTHERS OR CRUEL MISTREATMENT AN ANIMAL
WITHIN THE PRECEDING FOURTEEN DAYS.

2. A PATTERN OF MAKING CREDIBLE THREATS OF PHYSICAL INJURY,
COMMITTING ACTS OR ATTEMPTED ACTS OF VIOLENCE THAT RESULT IN PHYSICAL
INJURY TO SELF OR OTHERS WITHIN THE PRECEDING SIX MONTHS OR CRUEL
MISTREATMENT OF AN ANIMAL.






3. SPECIFIC BEHAVIORS OR ACTS THAT HAVE OCCURRED WITHIN THE
PRECEDING FOURTEEN DAYS AND THAT JUSTIFY THE BELIEF THAT A PERSON IS A
DANGER TO SELF UR OTHERS.

C. A LAN ENFORCEMENT OFFICER NHO TAKES A PERSON INTO CUSTODY
PURSUANT TO AN EMERGENCY SEVERE THREAT ORDER OF PROTECTION SHALL TRANSPORT
THE PERSON NAMED IN THE ORDER TO AN EVALUATION AGENCY. THE EVALUATING
AGENCY MUST EVALUATE THE PERSON FOR MENTAL ILLNESS, BEHAVIORAL HEALTH
ISSUES AND SUBSTANCE ABUSE. THE EVALUATION AGENCY MAY HOLD THE PERSON FOR
UP TO SEVENTYETNO HOURS NOT INCLUDING WEEKENDS AND HOLIDAYS TO COMPLETE
THE EVALUATION.

D. IF THE PERSON WHO IS SUBJECT TO THE ORDER REFUSES TO PARTICIPATE
IN THE EVALUATION, THE EVALUATION AGENCY SHALL NOTIFY THE COURT AND THE
LEGAL GUARDIAN, IF APPLICABLE, OF THE KNOWN FACTS AND
CIRCUMSTANCES AND REQUEST THAT THE COURT HOLD A HEARING AND ENTER AN ORDER
FURSUANT TO SECTION 36-530, SUBSECTION D.

E. THE EVALUATION AGENCY SHALL PROVIDE THE EVALUATION RESULTS TO
THE COURT. IF THE COURT FINDS BY CLEAR AND CONVINCING EVIDENCE THAT THE
PERSON WHO IS SUBJECT IT) THE ORDER IS AN IMMEDIATE DANGER TO SELF OR
OTHERS DUE TO MENTAL ILLNESS, BEHAVIORAL HEALTH ISSUES OR SUBSTANCE ABUSE,
THE COURT SHALL ISSUE A SEVERE THREAT ORDER OF PROTECTION AND SCHEDULE A
HEARING IN TEN DAYS TO DETERMINE THE PERIOD OF TIME THAT THE ORDER NILL
REMAIN IN EFFECT. THE COURT MAY ORDER THE PERSON TO UNDERGO TREATMENT
PURSUANT TO SECTION 36-540. SUBSECTIONS A, AND C.

F. THE COURT DOES NOT FIND THE PERSON NHO IS TO THE
ORDER TO BE A DANGER TO SELF OR OTHERS, THE COURT SHALL NOTIFY THE LAN
ENFORCEMENT AGENCY THAT REQUESTED THE EMERGENCY SEVERE THREAT ORDER OF
PROTECTION NITHIN TWENTY-FOUR HOURS AFTER THAT DETERMINATION IS MADE. THE
COURT MAY ORDER THE MEDICAL DIRECTOR OF THE EVALUATION AGENCY TO DETAIN
THE PERSON FOR AN ADDITIONAL TWENTY-FOUR HOURS TO ALLOW THE LAW
ENFORCEMENT AGENCY TO BE NOTIFIED. THE COURT MAY REMAND THE PERSON TO THE
CUSTODY OF A LAN ENFORCEMENT AGENCY TO ADDRESS ANY PENDING CRIMINAL
CHARGES. IF A LAN ENFORCEMENT AGENCY DOES NOT PROVIDE PROOF OF PENDING
CHARGES TO THE SHERIFF NITHIN TWENTY-FOUR HOURS AFTER THE COURT PROVIDED
NOTICE, THE PERSON MUST BE RELEASED.

G. AN EMERGENCY SEVERE THREAT ORDER OF PROTECTION EXPIRES AFTER
FOURTEEN DAYS UNLESS OUASHED, RENENED OR EXTENDED BY THE COURT AFTER A
HEARING AND CONSIDERING THE COMPLIANCE NITH THE ORDER AND THE
RESULTS OF ANY EVALUATION THAT RESULTS FROM THE ORDER.

H. A LAW ENFORCEMENT OFFICER NHO MAKES A GOOD FAITH EFFORT TO
FOLLOW THE REQUIREMENTS OF THIS SECTION IS NOT SUBJECT TO CIVIL LIABILITY
FOR ANY ACT DONE PURSUANT TO THIS SECTION.

12-1884. Severe threat order of protection and ex Darte

severe threat oickuo order extension

A. A PETITIONER MAY FILE A VERIFIED PETITION IN THE SUPERIOR COURT
REQUESTING THAT AN EMERGENCY SEVERE THREAT ORDER OF PROTECTION OR EX PARTE

.9-



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SAVO A1H813 0380NOH 3N0 O1 80 803 030N31X3 38 83080 808318 1V38H1 383A38

 

 

 













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p.


MEANS OF STORAGE BY A PERSON WHO MAY LAWFULLY POSSESS THE FIREARM. THE
FIREARM MAY BE DISPOSED OF ONLY IN ACCORDANCE WITH SECTION 12-941.

E. IF A FIREARM IS SEIZED AND REMOVED FROM THE LOCATION PURSUANT TO
THIS SECTION, THE PETITIONER SHALL BE NOTIFIED BY THE LAW ENFORCEMENT
AGENCY THAT SEIZED THE FIREARM BEFORE THE FIREARM IS RELEASED.

F. IF A PERSON IS SUBJECT TO A SEVERE THREAT ORDER OF PROTECTION
THAT PROHIBITS THE POSSESSION OF A FIREARM, WITHIN TWENTY-FOUR HOURS, THE
PERSON SHALL TURN OVER ANY FIREARMS THAT ARE POSSESSED BY THE PERSON TO A
LAW ENFORCEMENT AGENCY, A FEDERALLY LICENSED FIREARMS DEALER OR A
RESPONSIBLE CUSTODIAN. THE PERSON SHALL SUBMIT EVIDENCE TO A LAW
ENFORCEMENT AGENCY THAT THE PERSON TURNED OVER ANY FIREARM FOR SAFEKEEPING
TO A FEDERALLY LICENSED FIREARMS DEALER OR A RESPONSIBLE CUSTODIAN WHO
AFFIRMS THAT THE PERSON WILL NOT HAVE ACCESS TO THE FIREARM FOR THE
DURATION OF THE ORDER. IF A PERSON WHO IS SUBJECT TO A SEVERE THREAT
ORDER OF PROTECTION DOES NOT OWN OR POSSESS A FIREARM, THE PERSON SHALL
ATTEST TO THE COURT UNDER OATH THAT THE PERSON DOES NOT OWN OR POSSESS A
FIREARM.

G. IF A PERSON WHO IS SUBJECT TO A SEVERE THREAT ORDER OF
PROTECTION THAT PROHIBITS THE POSSESSION OF A FIREARM DOES NOT SUBMIT
EVIDENCE TO A LAW ENFORCEMENT AGENCY WITHIN TWENTY-FOUR HOURS AFTER THE
ORDER, THE PETITIONER OR A LAW ENFORCEMENT OFFICER MAY REQUEST THAT THE
COURT ISSUE A SEARCH WARRANT TO ALLOW A LAW ENFORCEMENT OFFICER TO SEARCH
FOR AND SEIZE ANY FIREARM THAT IS IN THE POSSESSION.

H. AFTER AN ORDER EXPIRES OR IS OUASHED. THE SUBJECT OF THE ORDER
MAY SUBMIT EVIDENCE THE PERSON IS NO LONGER SUBJECT TO A SEVERE
THREAT ORDER OF PROTECTION TO THE ENTITY THAT HAS CUSTODY OF THE 
FIREARM FOR THE RELEASE OF THE FIREARM. A LAW ENFORCEMENT AGENCY THAT HAS
CUSTODY OF A FIREARM SHALL RELEASE THE FIREARM WITHIN SEVENTY-TWO HOURS.
EXCLUDING WEEKENDS AND HOLIDAYS, AFTER THE RECEIPT OF THE EVIDENCE THAT
THE PERSON IS NOT PROHIBITED FROM POSSESSING A FIREARM.

I. IF A FIREARM IS NOT OWNED OR POSSESSED BY THE SUBJECT OF THE
ORDER BUT IS OWNED OR POSSESSED BY A MINOR OR HOUSEHOLD MEMBER, THE PARENT
OR LEGAL GUARDIAN SHALL SUBMIT AN AFFIDAVIT TO THE COURT STATING THAT
APPROPRIATE MEASURES HAVE BEEN TAKEN TO ENSURE THAT THE SUBJECT OF THE
ORDER WILL NOT HAVE ACCESS TO THE FIREARM. APPROPRIATE MEASURES INCLUDE
SECURING THE FIREARM AT ANOTHER LOCATION. SECURING THE FIREARM IN AN
APPROPRIATE SAFE OR OTHER MEASURES THAT WILL ENSURE THE SUBJECT OF THE
ORDER CANNOT ACCESS THE FIREARM.

J. IF A PERSON HAS BEEN FOUND TO CONSTITUTE A DANGER TO SELF OR
OTHERS AND THE COURT ENTERS A SEVERE THREAT ORDER OF PROTECTION PURSUANT
TO SECTION 12-1882 OR 12-1883, THE COURT SHALL FOLLOW THE PROCEDURES
INCLUDED II SECTION 12-1882. THE SUPERIOR COURT MAY ACCESS THE
INFORMATION OF A PERSON WHO IS SUBJECT TO A SEVERE THREAT ORDER OF
PROTECTION TO ENFORCE OR FACILITATE AN ORDER.

-11.






K. ON REQUEST, THE CLERK OF THE COURT SHALL PROVIDE CERTIFIED
COPIES OF THE ORDER TO A LAW ENFORCEMENT OR PROSECUTING AGENCY THAT IS
INVESTIGATING OR PROSECUTING A PROHIBITED POSSESSOR AS DEFINED IN SECTION
13-3101.

L. A PERSON WHO INTENTIONALLY OR KNONINGLY ALLOWS A PERSON WHO IS
SUBJECT TO A SEVERE THREAT ORDER OF PROTECTION ACCESS TO A FIREARM IS
GUILTY OF A CLASS 4 FELONY.

Sec. 4. Section 13-2703. Arizona Revised Statutes, is amended to
read:

13?2703. False swearing: classification

A. A person commits false swearing by making a false sworn
statement. believing it to be false.

B. False swearing is a class 6 felony, EXCEPT THAT IT IS A CLASS 5
FELONY IF THE PERSON MAKES THE FALSE SNORN STATEMENT FOR THE PURPOSE OF
OBTAINING A SEVERE THREAT ORDER OF PROTECTION.

Sec. 5. Section 13-3101. Arizona Revised Statutes, is amended to

read:

13-3101. Definitions

A. In this chapter, unless the context otherwise requires:

1. "Deadly weapon" means anything that is designed for lethal use.
The term includes a firearm.

2. "Deface" means to remove, alter or destroy the manufacturer's
serial number.

3. "Explosive" means any dynamite. nitroglycerine, black powder. or

other similar explosive material, including plastic explosives. Explosive
does not include ammunition or ammunition components such as primers.
percussion caps, smokeless powder, black powder and black powder
substitutes used for hand loading purposes.

4. "Firearm" means any loaded or unloaded handgun. pistol,
revolver, rifle. shotgun or other weapon that will expel. is designed to
expel or may readily be converted to expel a projectile by the action of
an explosive. Firearm does not include a firearm in permanently inoperable
condition.

5. "Improvised explosive device" means a device that incorporates
explosives or destructive, lethal. noxious, pyrotechnic or incendiary
chemicals and that is designed to destroy. disfigure, terrify or harass.

6. "Occupied structure" means any building. object. vehicle,
watercraft, aircraft or place with sides and a floor that is separately
securable from any other structure attached to it. that is used for
lodging, business, transportation, recreation or storage and in which one
or more human beings either are or are likely to be present or so near as
to be in equivalent danger at the time the discharge of a firearm occurs.
Occupied structure includes any dwelling house, whether occupied.
unoccupied or vacant.

-12-

mumm-h-wNn?I


cox?Imm-hmmr?AOLD






"Prohibited possessor" means any person:

Who has been found to constitute a danger to self or to others
or to have a persistent or acute disability or grave disability pursuant
to court order pursuant to section 36-540. and whose right to possess a
firearm has not been restored pursuant to section 13-925.

Who has been convicted within or without this state of a felony
or who has been adjudicated delinquent for a felony and whose civil right
to possess or carry a gun or firearm has not been restored.

(5) Who is at the time of possession serving a term of imprisonment
in any correctional or detention facility.

Who is at the time of possession serving a term of probation
pursuant to a conviction for a domestic violence offense as defined in
section 13-3601 or a felony offense. parole, community supervision, work
furlough. home arrest or release on any other basis or who is serving a
term of probation or parole pursuant to the interstate compact under title
31, chapter 3, article 4.1.

Who is an undocumented alien or a nonimmigrant alien traveling
with or without documentation in this state for business or pleasure or
who is studying in this state and who maintains a foreign residence
abroad. This subdivision does not apply to:

Nonimmigrant aliens who possess a valid hunting license or
permit that is lawfully issued by a state in the United States.

(ii) Nonimmigrant aliens who enter the United States to participate
in a competitive target shooting event or to display firearms at a sports
or hunting trade show that is sponsored by a rational, state or local
firearms trade organization devoted to the competitive use or other
sporting use of firearms.

Certain diplomats.

(iv) Officials of foreign governments or distinguished foreign
visitors who are designated by the United States department of state.

Persons who have received a waiver from the United States
attorney general.

f} Who has been found incompetent pursuant to rule 11. Arizona
rules of criminal procedure. and who subsequently has not been found
competent.

(Q) Who is found guilty except insane.

WHO IS SUBJECT TO A VALID SEVERE THREAT ORDER OF PROTECTION.

8. "Prohibited weapon":

Includes the following:

An item 'that is a bomb, grenade, rocket having a propellant
charge of more than four ounces or mine and that is explosive. incendiary
or poison gas.






(ii) A device that is designed, made or adapted to muffle the
report of a firearm.

A firearm that is capable of shooting more than one shot
automatically, without manual reloading. by a single function of the
trigger.

(iv) A rifle with a barrel length of less than sixteen inches, or
shotgun with a barrel length of less than eighteen inches, or any firearm
that is made from a rifle or shotgun and that, as modified, has an overall
length of less than twenty-six inches.

An instrument, including a nunchaku, that consists of two or
more sticks, clubs, bars or rods to be used as handles, connected by a
rope, cord, wire or chain, in the design of a weapon used in connection
with the practice of a system of self-defense.

(vi) A breakable container that contains a flammable liquid with a
flash point of one hundred fifty degrees Fahrenheit or less and that has a
wick or similar device capable of being ignited.

(vii) A chemical or combination of chemicals, compounds or
materials, including dry ice, that is possessed or manufactured for the
purpose of generating a gas to cause a mechanical failure, rupture or
bursting or an explosion or detonation of the chemical or combination of
chemicals, compounds or materials.

An improvised explosive device.

(ix) Any combination of parts or materials that is designed and
intended for use in making or converting a device into an item set forth
in item (vi) or of this subdivision.

Does not include:

Any fireworks that are imported, distributed or used in
compliance with state laws or local ordinances.

(ii) Any propellant, propellant actuated devices or propellant
actuated industrial tools that are manufactured, imported or distributed
for their intended purposes.

A device that is commercially manufactured primarily for the
purpose of illumination.

9. "Trafficking" means to sell. transfer, distribute, dispense or
otherwise dispose of a weapon or explosive to another person, or to buy,
receive, possess or obtain control of a weapon or explosive, with the
intent to sell, transfer, distribute, dispense or otherwise dispose of the
weapon or explosive to another person.

B. The items set forth in subsection A, paragraph 8, subdivision
items and (iv) of this section do not include any
firearms or devices that are possessed, manufactured or transferred in
compliance with federal law.

.14-

Midi?A 


Sec. 6. TitIe 15, chapter 1, articIe 5. Arizona Revised Statutes.
is amended by adding section 15-153, to read:

15*153. SchooT safety requirements: emerdencv response Dians:

agreements with Iaw enforcement

A. BEGINNING IN THE 2018-2019 SCHOOL YEAR, EACH SCHOOL DISTRICT OR
CHARTER SCHOOL THAT ISSUES STUDENT IDENTIFICATION CARDS SHALL INCLUDE ON
THE IDENTIFICATION CARDS THE TELEPHONE NUMBER OF THE SAFE SCHOOLS HOTLINE
THAT IS OPERATED BY THE CENTER FOR SCHOOL SAFETY AND ESTABLISHED PURSUANT
TO SECTION 41-1711.

B. EACH VISITOR TO THE CAMPUS OF A LOCAL EDUCATION AGENCY SHALL
PROVIDE IDENTIFICATION, IF REQUESTED, TO ANY SCHOOL EMPLOYEE WHO REQUESTS
IDENTIFICATION. A SCHOOL EMPLOYEE MAY INFORM A VISITOR WHO FAILS TO
PROVIDE IDENTIFICATION THAT THE VISITOR MUST LEAVE THE CAMPUS OR BE
SUBJECT TO A TRESPASS VIOLATION.

C. EACH SCHOOL DISTRICT AND CHARTER SCHOOL, IN CONJUNCTION WITH
LOCAL LAW ENFORCEMENT AGENCIES AND EMERGENCY RESPONSE AGENCIES, SHALL:

1. PROVIDE SCHOOL SAEETY TRAINING FOR STUDENTS THAT IS


2. PROVIDE PROFESSIONAL DEVELOPMENT FOR TEACHERS AND STAFF ON THE
POLICIES AND PROCEDURES OF THE SCHOOL DISTRICT OR CHARTER SCHOOL RELATED
TO SCHOOL SAFETY.

3. DEVELOP AND CONTINUOUSLY MAINTAIN AN EMERGENCY RESPONSE PLAN FOR
EACH SCHOOL. IN ACCORDANCE WITH THE MINIMUM STANDARDS THAT ARE JOINTLY
DEVELOPED BY THE DEPARTMENT OF EDUCATION, THE DEPARTMENT OF PUBLIC SAFETY
AND THE DIVISION OF EMERGENCY MANAGEMENT IN THE DEPARTMENT OF EMERGENCY
AND MILITARY AFFAIRS. THE EMERGENCY RESPONSE PLAN IS CRITICAL
INFRASTRUCTURE INFORMATION AS DEFINED IN SECTION 41-1801 AND DOES NOT
CONSTITUTE A PUBLIC RECORD.

D. A SCHOOL DISTRICT OR CHARTER SCHOOL MAY ENTER INTO AN AGREEMENT
WITH THE DEPARTMENT OF PUBLIC SAFETY OR A LOCAL LAW ENFORCEMENT AGENCY TO
ALLOW ACTIVE OR RESERVE LAW ENFORCEMENT OFFICERS TO PROVIDE SECURITY ON
SCHOOL GROUNDS IF THEY ARE CERTIFIED BY THE ARIZONA PEACE OFFICER
STANDARDS AND TRAINING BOARD.

Sec. 7. Section 15-154, Arizona Revised Statutes, is amended to
read:

15-154. SchooI safety orooram: purpose; 
requirements: annuaI report; program termination:
definitions

A. The school safety program is estabiished within the department
of education to promote safe learning environments for students by
supporting the costs of pIacing schooT resource officers or juveniTe
probation officers on schooi campuses. THE DEPARTMENT OF EDUCATION SHALL
COORDINATE WITH THE DEPARTMENT OF PUBLIC SAFETY TO ADMINISTER THE SCHOOL
SAFETY PROGRAM. A schooI district or charter school may appTy to
participate in the schooI safety program as provided in this section for

-15-






up to three fiscal years by submitting by April 15 a program proposal to
the department of education. ANY INFORMATION CONCERNING SCHOOL SAFETY
NEEDS OR SECURITY MEASURES THAT IS REQUIRED TO BE SUBMITTED PURSUANT TO
THIS SECTION DOES NOT CONSTITUTE A PUBLIC RECORD. The program proposal
shall contain:

1. A detailed description of the school safety needs of the charter
school or school district, INCLUDING INFORMATION ON SECURITY MEASURES THAT
ARE CURRENTLY IN PLACE AT EACH SCHOOL.

2. AN EMERGENCY RESPONSE PLAN THAT IS DEVELOPED BY THE SCHOOL
DISTRICT OR CHARTER SCHOOL PURSUANT TO SECTION 15-153, SUBSECTION C.

27 3. A plan for implementing a law-related education program or a
plan that demonstrates the existence of a law-related education program as
a school safety prevention strategy.

ST 4. A plan to use trained school resource officers or juvenile
probation officers in the school, or both.

#7 5. If the school district or charter school has already
participated in the school safety program. information on the success,
compliance and implementation of the most recent grant.

6. A LETTER IN SUPPORT OF THE PROGRAM PROPOSAL FROM THE CHIEF
OFFICER OF AT LEAST ONE LOCAL LAW ENFORCEMENT AGENCY.

B. The department of education shall administer the program in
cooperation with the courts. law enforcement agencies and law-related
education providers awarded a contract pursuant to section 41-2534,
subject to review and approval by the state board of education. The
department of education, IN COORDINATION WITH OF PUBLIC
SAFETY, shall use relevant crime statistics to assess the needs of each
program proposal and shall visit school districts and charter schools that
submit program proposals in order to verify the information contained in
the program proposals. The department of education shall contract to
provide guidelines, curricula and support resources for school resource
officers and juvenile probation officers to use in implementing a
law-related education program.

C. The department of education, subject to the review and approval
of the state board of education. shall distribute monies to the school
districts and charter schools that are in compliance with program
requirements and whose plans have been approved by the state board of
education. The state board of education shall also review and approve
renewal applications for up to an additional three fiscal years from
participating school sites.

D. The department of education, IN COORDINATION WITH THE DEPARTMENT
OF PUBLIC SAFETY, shall review plans submitted by school districts and
charter schools for participation in the school safety program and shall
select sites that are eligible to receive funding based on school safety
needs. The department of education may prioritize grants to school
districts and charter schools that have agreements to share the cost of

-16-






the school resource officer or juvenile probation officer with a law
enforcement agency or the courts.

E. The department of education shall evaluate the effectiveness of
the school safety program and report on the activities of the program and
the participants in the school safety program to the president of the
senate, the speaker of the house of representatives and the governor on or
before November 1 of each year and shall provide a copy of this report to
the secretary of state. The evaluation and report shall include survey
results from participating schools and data from participating schools on
the impact of participating in the school safety program. The department
OF EDUCATION, IN COORDINATION WITH THE DEPARTMENT OF PUBLIC SAFETY, shall
establish data guidelines for school safety program participants to follow
in reporting pursuant to this subsection.

F. The school safety program established by this section shall
include a school safety program guidance manual adopted by the department
of education that requires a dispute resolution process to be included in
the service agreement between a school district or charter school that
received a grant from the school safety program and the law enforcement
agency that provides services to the school district or charter school.

6. THE DEPARTMENT OF EDUCATION SHALL MEET WITH REPRESENTATIVES FROM
SCHOOL DISTRICTS AND CHARTER SCHOOLS, THE DEPARTMENT OF PUBLIC SAFETY AND
LOCAL LAW ENFORCEMENT AGENCIES ON A QUARTERLY BASIS TO DISCUSS SCHOOL
SAFETY.

67 H. Any appropriations that are made to the department of
education for the school safety program are exempt from the provisions of
section 35-190 relating to the lapsing of appropriations. All monies that
are not used for an approved school safety plan during the fiscal year for
which the monies were appropriated revert to the department of education
for distribution to the program in the following fiscal year.

HT I. Monies received by a school district or charter school under
the program shall be spent to implement the approved plans.

if J. The program established by this section ends on July 1, 2025
pursuant to section 41-3102. The auditor general shall include the school
safety program as part of its ongoing sunset review of agencies and
programs.

of K. For the purposes of this section:

I. "Law-related education" means interactive education to equip
children and youth with knowledge and skills pertaining to the law, school
safety and effective citizenship.

2. "Law-related education program" means a program designed to
provide children and youth with knowledge, skills and activities
pertaining to the law and legal process and to promote law-abiding
behavior with the purpose of preventing children and youth from engaging
in delinquency or violence and enabling them to become productive
citizens.

-17-






Sec. 8. Section 15-341, Arizona Revised Statutes, is amended to
read:

15 341. General powers and duties; immunity; delegation

A. The governing board shall:

1. Prescribe and enforce policies and procedures for the governance
of the schoolsT- THAT ARE not inconsistent with law or rules prescribed by
the state board of education.

2. Exclude from schools all books, publications, papers or
audiovisual materials of a sectarian, partisan or denominational
character. This paragraph sha?d' DOES not prohibit the
elective course permitted by section 15-717.01.

3. Manage and control the school property within its district.

4. Acquire school furniture. apparatus. equipment, library books
and supplies for the use of the schools.

5. Prescribe the curricula and criteria for the promotion and
graduation of pupils as provided in sections 15-701 and 15-701.01.

6. Furnish, repair and insure, at full insurable value, the school
property of the district.

7. Construct school buildings on approval by a vote of the district
electors.

8. Make in the name of the district conveyances of property
belonging to the district and sold by the board.

9. Purchase school sites when authorized by a vote of the district
at an election conducted as nearly as practicable in the same manner as
the election provided in section 15-481 and held on a date prescribed in
section 15-491. subsection E. but such authorization shall not necessarily
specify the site to be purchased and such authorization shall not be
necessary to exchange unimproved property as provided in section 15-342.
paragraph 23.

10. Construct, improve and furnish buildings used for school
purposes when such buildings or premises are leased from the national park
service.

11. Purchase school sites or construct, improve and furnish school
buildings from the proceeds of the sale of school property only on
approval by a vote of the district electors.

12. Hold pupils to strict account for disorderly conduct on school
property.

13. Discipline students for disorderly conduct on the way to and
from school.

14. Except as provided in section 15-1224, deposit all monies
received by the district as gifts, grants and devises with the county
treasurer who shall credit the deposits as designated in the uniform
system of financial records. If not inconsistent with the terms of the
gifts, grants and devises given. any balance remaining after expenditures
for the intended purpose of the monies have been made shall be used for

-18..











reduction of school district taxes for the budget year, except that in the
case of accommodation schools the county treasurer shall carry the balance
forward for use by the county school superintendent for accommodation
schools for the budget year.

15. Provide that, if a parent or legal guardian chooses not to
accept a decision of the teacher as provided in sectton paragraph if 41 of
this subsection, the parent or legal guardian may request in writing that
the governing board review the teacher's decision. This paragraph shatt
DOES not b: cu release districts from any liability
relating to a child's promotion or retention.

16. Provide for adequate supervision over pupils in instructional
and noninstructional activities by certificated or noncertificated
personnel.

17. Use school monies received from the state and county school
apportionment exclusively for payment of salaries of teachers and other
employees and contingent expenses of the district.

18. Make an annual report to the county school superintendent on or
before October 1 in the manner and form and on the blanks prescribed by
the superintendent of public instruction or county school superintendent.
The board shall also make reports directly to the county school
superintendent or the superintendent of public instruction whenever
required.

19. Deposit all monies received by school districts other than
student activities monies or monies from auxiliary operations as provided
in sections 15-1125 and 15-1125 with the county treasurer to the credit of
the school district except as provided in paragraph 20 of this subsection
and sections 15-1223 and 15-1224, and the board shall expend the monies as
provided by law for other school funds.

20. Establish bank accounts in which the board during a month may
deposit miscellaneous monies received directly by the district. The board
shall remit monies deposited in the bank accounts at least to the
county treasurer for deposit as provided in paragraph 19 of this
subsection and in accordance with the uniform system of financial records.

21. Prescribe and enforce policies and procedures for disciplinary
action against a teacher who engages in conduct that is a violation of the
policies of the governing board but that is not cause for dismissal of the
teacher or for revocation of the certificate of the teacher. Disciplinary
action may include suspension without pay for a period of 'time not to
exceed ten school days. Disciplinary action shall not include suspension
with pay or suspension without pay for a period of time longer than ten
school days. The procedures shall include notice, hearing and appeal
provisions for violations that are cause for disciplinary action. The
governing board may designate a person or persons to act on behalf of the
board on these matters.

 

19 -






22. Prescribe and enforce policies and procedures for disciplinary
action against an administrator who engages in conduct that is a violation
of the policies of the governing board regarding duties of administrators
but that is not cause for dismissal of the administrator or for revocation
of the certificate of the administrator. Disciplinary action may include
suspension without pay for a period of time not to exceed ten school days.
Disciplinary action shall not include suspension with pay or suspension
without pay for a period of time longer than ten school days. The
procedures shall include notice, hearing and appeal provisions for
violations that are cause for disciplinary action. The governing board
may designate a person or persons to act on behalf of the board on these
matters. For violations that are cause for dismissal, the provisions of
notice. hearing and appeal in chapter 5, article 3 of this title shall
apply. The filing of a timely request for a hearing suspends the
imposition of a suspension without pay or a dismissal pending completion
of the hearing.

23. Notwithstanding sections 13-3108 and 13-3120. prescribe and
enforce policies and procedures that prohibit a person from carrying or
possessing a weapon on school grounds unless the person is a peace officer
or has obtained specific authorization from the school administrator.

24. Prescribe and enforce policies and procedures relating to the
health and safety of all pupils participating in distuict sponsored
practice sessions or games or other interscholastic
athletic activities, including:

The provision of water.

Guidelines, information and forms, developed in consultation
with a statewide private entity that supervises interscholastic
activities, to inform and educate coaches, pupils and parents of the
dangers of concussions and head injuries and the risks of continued
participation in athletic activity after a concussion. The policies and
procedures shall require that. before a pupil participates in an athletic
activity, the pupil and the pupil?s parent must sign an information form
at least once each school year that states that the parent is aware of the
nature and risk of concussion. The policies and procedures shall require
that a pupil who is suspected of sustaining a concussion in a practice
session, game or other interscholastic athletic activity be immediately
removed from the athletic activity. A coach from the pupil's team or an
official or a licensed health care provider may remove a pupil from
play. A team parent may also remove the parent's own child from play. A
pupil may return to play on the same day if a health care provider rules
out a suspected concussion at the time the pupil is removed from play. On
a subsequent day, the pupil may return to play if the pupil has been
evaluated by and received written clearance to resume participation in
athletic activity from a health care provider who has been trained in the
evaluation and management of concussions and head injuries. A health care

 

-20-






provider who is a volunteer and who provides clearance to participate in
athletic activity on the day of the Suspected injury or on a subsequent
day is immune from civil liability with respect to all decisions made and
actions taken that are based on good faith implementation of the
requirements of this subdivision, except in cases of gross negligence or
wanton or wilful neglect. A school district, scnool district employee,
team coach, official or team volunteer or a parent or guardian of a team
member is not subject to civil liability for any act, omission or policy
undertaken in good faith to comoly with the requirements of this
subdivision or for a decision made or an action taken by a health care
provider. A group or organization that uses property or facilities owned
or operated by a school district for athletic activities shall comply with
the requirements of this subdivision. A school district and its employees
and volunteers are not subject to civil liability for any other person or
organization's failure or alleged failure to comply with the requirements
of this subdivision. This subdivision does not apply to teams that are
based in another state and that participate in an athletic activity in
this state. For the purposes of this subdivision, athletic activity does
not include dance. gymnastics, competitions or exhibitions of
academic skills or knowledge or other similar forms of physical noncontact
activities, civic activities or academic activities, whether engaged in
for the purposes of competition or recreation. For the purposes of this
subdivision, "health care provider" means a physician who is licensed
pursuant to title 32, chapter 13 or 17. an athletic trainer who is
licensed pursuant to title 32, chapter 41. a nurse practitioner who is
licensed pursuant to title 32, chapter 15, and a physician assistant who
is licensed pursuant to title 32, chapter 25.

25. Establish an assessment. data gathering and reporting system as
prescribed in chapter 7, article 3 of this title.

26. Provide special education programs and related services
pursuant to section 15-764. subsection A to all children with disabilities
as defined in section 15-761.

27. Administer competency tests prescribed by the state board of
education for the graduation of pupils from high school.

28. Ensure that insurance coverage is secured for all construction
projects for purposes of general liability, property damage and workers'
compensation and secure performance and payment bonds for all construction
projects.

29. Keep in the personnel file of all current and former employees
who provide instruction to pupils at a school information about the
employee's educational and teaching background and experience in a
particular academic content subject area. A school district shall inform
parents and guardians of the availability of the information and shall
make the information available for inspection on request of parents and
guardians of pupils enrolled at a school. This paragraph shat? DOES not

- 21






be??construed-tu require any school to release personally identifiable
information in relation to any teacher or employee, including the
teacher's or employee's address, salary. social security number or
telephone number.

30. Report to local law enforcement agencies any suspected crime
against a person or property ?that is a serious offense as defined in
section 13-706 or that involves a deadly weapon or dangerous instrument or
serious physical injury and any conduct that poses a threat of death or
serious physical injury to employees, students or anyone on the property
of the school. This paragraph does not limit or preclude the reporting by
a school district or an employee of a school district of suspected crimes
other than those required to be reported by this paragraph. For the
purposes of this paragraph, "dangerous instrument", "deadly weapon" and
"serious physical injury" have the same meanings prescribed in section
13-105.

31. In W'l'th?l'm dgellclea and

r? I
emelyency agencies, develop an emelgency rebpunse plan Iur eucn

schuui in the schuul dlerict uevelupeu uy tne Ul euucaclun unu tne UIVIslun our
'l I I 

emergency management the department UT emelgency and 

SET 31. Provide written notice to the parents or guardians of all
students enrolled in the school district at least ten days prior?to BEFORE
a public meeting to discuss closing a school within the school
district. The notice shall include the reasons for the proposed closure
and the time and place of the meeting. The governing board shall fix a
time for a public meeting on the proposed closure no NOT less than ten
days before voting in a public meeting to close the school. The school
district governing board shall give notice of the time and place of the
meeting. At the time and place designated in the notice. the school
district governing board shall hear reasons for or against closing the
school. The school district governing board is exempt from this paragraph
if it?-hr-detemwhnat?hy the governing board DETERMINES that the school
shall be closed because it poses a danger to the health or safety of the
pupils or employees of the school. A governing board may consult with the
school facilities board for technical assistance and for information on
the impact of closing a school. The information provided from the school
facilities board shall not require the governing board to take or not take
any action.

SST 32. Incorporate instruction on Native American history into
appropriate existing curricula.

33. Prescribe and enforce policies and procedures:

Allowing pupils who have been diagnosed with anaphylaxis by a
health care provider licensed pursuant to title 32, chapter 13registered nurse practitioner licensed and certified pursuant

-22-






to title 32, chapter 15 to carry and self-administer emergency
medications, including epinephrine auto?injectors, while at school and at
school-sponsored activities. The pupil's name on the prescription label
on the medication container or on the medication device and annual written
documentation from the pupil's parent or guardian to the school that
authorizes possession and self-administration is sufficient proof that the
pupil is entitled to the possession and self-administration of the
medication. The policies shali require a pupil who uses an epinephrine
auto-injector while at school and at school?sponsored activities to notify
the nurse or the designated school staff person of the use of the
medication as soon as practicable. A school district and its employees
are immune from civil liability with respect to all decisions made and
actions taken that are based on good faith implementation of the
requirements of this subdivision, except in cases of wanton or wilful
neglect.

For the emergency administration of epinephrine auto-injectors
by a trained empioyee of a school district pursuant to section 15-157.

357 34. Allow the possession and self-administration of
prescription medication for breathing disorders in handheld inhaler
devices by pupils who have been prescribed that medication by a health
care professional licensed pursuant to title 32. The pupil's name on the
prescription label on the medication container or on the handheld inhaler
device and annual written documentation from the pupil's parent or
guardian to the school that authorizes possession and self-administration
shall be sufficient proof that the pupil is entitled to the possession and
self-administration of the medication. A school district and its
employees are immune from civil liability with respect to all decisions
made and actions taken that are based on a good faith implementation of
the requirements of this paragraph.

36? 35. Prescribe and enforce policies and procedures to prohibit
pupils from harassing, intimidating and bullying other pupils on school
grounds, on school property, on school buses, at school bus stops, at
school-sponsored events and activities and through the use of electronic
technology or electronic communication on school computers, networks,
forums and mailing lists that include the following components:

A procedure for pupils, parents and school district employees
to confidentially report to school officials incidents of harassment.
intimidation or bullying. The school shall make available written forms
designed to provide a full and detailed description of the incident and
any other relevant information about the incident.

A requirement that school district employees report in writing
suspected incidents of harassment, intimidation or bullying to the
appropriate school official and a description of appropriate disciplinary
procedures for employees who fail to report suspected incidents that are
known to the employee.

-23-

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A requirement that, at the beginning of each school year,
school officials provide all pupils with a written copy of the rights,
protections and support services available to a pupil who is an alleged
victim of an incident reported pursuant to this paragraph.

If an incident is reported pursuant to this paragraph. a
requirement that school officials provide a pupil who is an alleged victim
of the incident with a written copy of the rights, protections and support
services available to that pupil.

A formal process for the documentation of reported incidents of
harassment, intimidation or bullying and for the confidentiality.
maintenance and disposition of this documentation. School districts shall
maintain documentation of all incidents reported pursuant to this
paragraph for at least six years. The school shall not use that
documentation to impose disciplinary action unless the appropriate school
official has investigated and determined that the reported incidents of
harassment, intimidation or bullying occurred. If a school provides
documentation of reported incidents to persons other than school officials
or law enforcement, all individually identifiable information shall be
redacted.

A formal process for the investigation by the appropriate
school officials of suspected incidents of harassment, intimidation or
bullying, including procedures for notifying the alleged victim on
completion and disposition of the investigation.

(9) Disciplinary procedures for pupils who have admitted or been
found to have committed incidents of harassment, intimidation or bullying.

A procedure that sets forth consequences for submitting false
reports of incidents of harassment, intimidation or bullying.

Procedures designed to protect the health and safety of pupils
who are physically harmed as the result of incidents of harassment,
intimidation and bullying, including, if appropriate, procedures to
contact emergency medical services or law enforcement agencies, or both.

Definitions of harassment, intimidation and bullying.

3f? 36. Prescribe and enforce policies and procedures regarding
changing or adopting attendance boundaries that include the following
components:

A procedure for holding public meetings to discuss attendance
boundary changes or adoptions that allows public comments.

(D) A procedure to notify the parents or guardians of the students
affected.

A procedure to notify the residents of the households affected
by the attendance boundary changes.

A process for placing public meeting notices and proposed maps
on the school district's website for public review, if the school district
maintains a website.

-24..





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A formai process for presenting the attendance boundaries of
the affected area in pubiic meetings that aiiows public comments.

if) A formai process for notifying the residents and parents or
guardians of the affected area as to the decision of the governing board
on the schooi district's website, if the schooT district maintains a
website.

(9) A formai process for updating attendance boundaries on the
school district's website within ninety days of an adopted boundary
change. The school district shaii send a direct Tink to the schooi
district's attendance boundaries website to the department of reai estate.

387 37. If the state board of education determines that the schooi
district has committed an overexpenditure as defined in section 15-107,
provide a copy of the fiscai management report submitted pursuant to
section 15-107, subsection on its website and make copies avaiiabie to
the pubiic on request. The schooi district shaii compiy with a request
within five business days after receipt.

38. Ensure that the contract for the superintendent is
structured in a manner in which up to twenty percent of the totai annuai
saiary inciuded for the superintendent in the contract is ciassified as
performance pay. This paragraph shatt DOES not require
schooi districts to increase totai compensation for superintendents.
Uniess the schooi district governing board votes to impiement an
aiternative procedure at a pubiic meeting caTTed for this purpose, the
performance pay portion of the superintendent's totaT annual compensation
shaii be determined as foiiows:

Twenty?five percent of the performance pay shaii be determined
based on the percentage of academic gain determined by the department of
education of pupiis who are enroiied in the schooi district compared to
the academic gain achieved by the highest ranking of the fifty Targest
schooi districts in this state. For the purposes of this subdivision, the
department of education shaii determine academic gain by the academic
growth achieved by each pupii who has been enroiied at the same schooi in
a schooi district for at Teast five consecutive months measured against
that pupii's academic resuits in the 2008-2009 schooi year. For the
purposes of this subdivision, of the fifty Targest schooi districts in
this state, the schooi district with pupiis who demonstrate the highest
statewide percentage of overaii academic gain measured against academic
resuits for the 2008-2009 schooi year shaii be assigned a score of 100 and
the schooi district with pupiis who demonstrate the iowest statewide
percentage of overaii academic gain measured against academic resuits for
the 2008-2009 schooi year shaii be assigned a score of O.

Twenty-five percent of the performance pay shaii be determined
by the percentage of parents of pupiis who are enroiied at the schooi
district who assign a Tetter grade of to the schooi on a survey of
parentai satisfaction with the schooi district. The parentai satisfaction

-25-






survey shall be administered and scored by an independent entity that is
selected by the governing board and that demonstrates sufficient expertise
and experience to accurately measure the results of the survey. The
parental satisfaction survey shall use standard random sampling procedures
and provide anonymity and confidentiality to each parent who participates
in the survey. The letter grade scale used on the parental satisfaction
survey shall direct parents to assign one of the following letter grades:

A letter grade of if the school district is excellent.

(ii) A letter grade of if the school district is above average.

A letter grade of if the school district is average.

(iv) A letter grade of if the school district is below average.

A letter grade of if the school district is a failure.

(C) Twenty-five percent of the performance pay shall be determined
by the percentage of teachers who are employed at the school district and
who assign a letter grade of to the school on a survey of teacher
satisfaction with the school. The teacher satisfaction survey shall be
administered and scored by an independent entity that is selected by the
governing board and that demonstrates sufficient expertise and experience
to accurately measure the results of the survey. The teacher satisfaction
survey shall use standard random sampling procedures and provide anonymity
and confidentiality to each teacher who participates in the survey. The
letter grade scale used on the teacher satisfaction survey shall direct
teachers to assign one of the following letter grades:

A letter grade of if the school district is excellent.

(ii) A letter grade of if the school district is above average.

A letter grade of if the school district is average.

(iv) A letter grade of if the school district is below average.

A letter grade of if the school district is a failure.

Twenty-five percent of the performance pay shall be determined
by other criteria selected by the governing board.

#67 39. Maintain and store permanent public records of the school
district as required by law. Notwithstanding section 39-101. the
standards adopted by the Arizona state library, archives and public
records for the maintenance and storage of school district public records
shall allow school districts to elect to satisfy the requirements of this
paragraph by maintaining and storing these records either on paper or in
an electronic format, or a combination of a paper and electronic format.

?tT 40. Adopt in a public meeting and implement by??njnn?-fyear
policies for principal evaluations. Before the adoption of
principal evaluation policies. the school district governing board shall
provide opportunities for public discussion on the proposed policies. The
policies shall describe:

The principal evaluation instrument. including the four
performance classifications adopted by the governing board pursuant to
section 15-203, subsection A, paragraph 38.

-26-

CONGWUW-PLAJNH




Alignment of professional development opportunities to the
principal evaluations.

Incentives for principals in one of the two highest performance
classifications pursuant to section 15-203, subsection A, paragraph 38,
which may include:

Multiyear contracts pursuant to section 15-503.

(ii) Incentives to work at schools that are assigned a letter grade
of or pursuant to section 15-241.

Transfer and contract processes for principals designated in
the lowest performance classification pursuant to section 15-203,
subsection A, paragraph 38.

as? 41. Prescribe and enforce policies and procedures that define
the duties of principals and teachers. These policies and procedures
shall authorize teachers to take and maintain daily classroom attendance,
make the decision to promote or retain a pupil in a grade in common school
or to pass or fail a pupil in a course in high school. subject to review
by the governing board in the manner provided in section 15-342,
paragraph 11.

#67 42. Prescribe and enforce policies and procedures for the
emergency administration by an employee of a school district pursuant to
section 36-2267 of naloxone hydrochloride or any other opioid antagonist
approved by the United States food and drug administration.

B. Notwithstanding subsection A. paragraphs 7, 9 and 11 of this
section, the county school superintendent may construct, improve and
furnish school buildings or purchase or sell school sites in the conduct
of an accommodation school.

C. if any school district acquires real or personal property,
whether by purchase, exchange, condemnation, gift or otherwise, the
governing board shall pay to the county treasurer any taxes on the
property that were unpaid as of the date of acquisition, including
penalties and interest. The lien for unpaid delinquent taxes, penalties
and interest on property acquired by a school district:

1. Is not abated, extinguished, discharged or merged in the title
to the property.

2. Is enforceable in the same manner as other delinquent tax liens.

D. The governing board may not locate a school on property that is
less than one-fourth mile from agricultural land regulated pursuant to
section 3-365. except that the owner of the agricultural land may agree to
comply with the buffer zone requirements of section 3-365. If the owner
agrees in writing to comply with the buffer zone requirements and records
the agreement in the office of the county recorder as a restrictive
covenant running with the title to the land. the school district may
locate a school within the affected buffer zone. The agreement may
include any stipulations regarding the school. including conditions for

-27-






future expansion of the school and changes in the operational status of
the school that will result in a breach of the agreement.

E. A school district. its governing board members, its school
council members and its employees are immune from civil liability for the
consequences of adoption and implementation of policies and procedures
pursuant to subsection A of this section and section 15-342. This waiver
does not apply if the school district, its governing board members. its
school council members or its employees are guilty of gross negligence or
intentional misconduct.

F. A governing board may delegate in writing to a superintendent.
principal or head teacher the authority to prescribe procedures that are
consistent with the governing board's policies.

G. Notwithstanding any other provision of this title. a school
district governing board shall not take any action that would result in a
reduction of pupil square footage unless the governing board notifies the
school facilities board established by section 15-2001 of the proposed
action and receives written approval from the school facilities board to
take the action. A reduction includes an increase in administrative space
that results irl a reduction of pupil square footage or sale of school
sites or buildings, or both. A reduction includes a reconfiguration of
grades that results in a reduction of pupil square footage of any grade
level. This subsection does not apply to temporary reconfiguration of
grades to accommodate new school construction if the temporary
reconfiguration does not exceed one year. The sale of equipment that
results in a reduction that falls below the equipment requirements
prescribed in section 15-2011. subsection is subject to commensurate
withholding of school district district additional assistance monies
pursuant to the direction of the school facilities board. Except as
provided in section 15-342, paragraph 10. proceeds from the sale of school
sites, buildings or other equipment shall be deposited in the school plant
fund as provided in section 15-1102.

H. Subsections through of this section apply to a county board
of supervisors and a county school superintendent when operating and
administering an accommodation school.

Sec. 9. Section 15-503, Arizona Revised Statutes, is amended to
read:

15-503. Superintendents. orincioals. head teachers and school
term of employment: evaluation:
contract delivery: nonretention notice

A. The governing board may:

1. Employ a superintendent or principal, or both. If the governing
board employs a superintendent. the governing board shall determine the
qualifications for the superintendent by action taken at a public meeting.
The governing board shall require a superintendent to have a valid

-28-














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fingerprint clearance card that is issued pursuant to title 41, chapter
12, article 3.1.

2. Appoint a head teacher.

3. Jointly with another governing board employ a superintendent or
a principal, or both. If the governing board jointly employs a
superintendent, the governing boards shall jointly determine the
qualifications for the superintendent by action taken at a public meeting.
The governing boards shall require a superintendent to have a valid
fingerprint clearance card that is issued pursuant to title 41, chapter
12, article 3.1.

B. The term of employment of superintendents may be for any period
not exceeding three years, except that if the superintendent's contract
with the school district is for multiple years pursuant to this subsection
the school district shall not offer to extend or renegotiate the contract
until no earlier than fifteen months before the expiration of the
contract. The term of employment of principals may be for any period not
exceeding three years pursuant to section 15-341. subsection A, paragraph
?t 40, except that if the principal's contract with the school district is
for multiple years the school district shall not offer to extend or
negotiate the contract until May of the year preceding the final year of
the contract. The school district governing board or the governing body
of the charter school shall communicate the superintendent's or
principal's duties with respect to the classroom site fund established by
section 15-977.

C. The governing board shall establish systems for the evaluation
of the performance of principals that meet the requirements prescribed in
section 15-203. subsection A, paragraph 38 and other school administrators
and certificated school in the school district. In the
development and adoption of these performance evaluation systems. the
governing board shall avail itself of the advice of its administrators and
certificated school Each evaluation shall include
recommendations as to areas of improvement in the performance of the
certificated school if the performance of the certificated
school warrants improvement. After transmittal of an
assessment, a board designee shall confer with the certificated school
to make specific recommendations as to areas of improvement
in the certificated school performance. The board designee
shall provide assistance and opportunities for the certificated school
to improve performance and shall follow up with the
certificated school after a reasonable period of time for the
purpose of ascertaining that the certificated school is
demonstrating adequate performance. The evaluation process for
certificated school shall include appeal procedures for
certificated school who disagree with the evaluation of

-29..






their performance, if the evaluation is for use as criteria for
establishing compensation or dismissal.

D. On or before May 15 each year. the governing board shall offer a
contract for the next school year to each certified administrator and
certificated school who is in the last year of the person's
contract unless, on or before April 15, the governing board, a member of
the board acting on behalf of the board or the superintendent of the
school district gives notice to the administrator or certificated school
of the board's intention not to offer a new contract. If the
governing board has called for an override election for the third Tuesday
in May as provided in section 15-481, the governing board shall offer a
contract for the next school year to each certified administrator or
certificated school who is in the last year of the person's
contract on or before June 15 unless, no later than five days after the
override election excluding Saturday, Sunday and legal holidays. the
governing board, a member of the board acting on behalf of the board or
the superintendent of the school district gives notice to the
administrator or the certificated school of the board's
intention not to offer a new contract. The administrator's or the
certificated school acceptance of the contract shall be
indicated within thirty days from the date of the written contract or the
offer is revoked. The administrator or certificated school 
accepts the contract by signing the contract and returning it to the
governing board or by making a written instrument that accepts the terms
of the contract and delivering the written instrument to the governing
board.

E. Notice of the board's intention not to reemploy the
administrator or certificated school shall be made by
delivering the notice personally to the administrator or the certificated
school or by sending the notice by certified mail, postmarked
on or before the applicable deadline prescribed in subsection of this
section, and directed to the administrator or the certificated school
at the person's place of residence as recorded in the school
district records.

F. The school district governing board shall make available the
evaluation and performance classification pursuant to section 15-203,
subsection A. paragraph 38 of each principal in the school district to
school districts and charter schools that are inquiring about the
performance of the principal for hiring purposes.

Sec. 10. Section 36-519, Arizona Revised Statutes, is amended to
read:

36?519. Discharge of voluntary oatients

A. The medical director of the agency shall discharge any patient
admitted voluntarily who has recovered or who is no longer benefiting from

-30-






the evaiuation, care or treatment avaiiabie, except as provided in
subsection OR of this section.

B. Upon written request by a patient admitted pur5uant to section
36-518, subsection A or by the parent. guardian or custodian of a patient
admitted pursuant to section 36-518, subsection C, the patient shaTI be
given a discharge within twenty-four hours after the request, echuding
weekends or holidays uniess the medicai director of the agency has
proceeded pursuant to section 36-531, subsections and and section
36-533. The costs of such proceedings shaTT be a charge against the
county of the patient's residence.

C. If the medicaI director of the agency finds that a patient
admitted voTuntariTy is a puibun with HAS a grave disabiTity and requires
the service of a guardian or conservator or both for the protection of
heaith and property, he shaTT proceed pursuant to section 36-531,
subsections and and section 36-533 uniess it is appropriate to
discharge the patient to suitabie aiternative arrangements for care,
treatment and protection.

D. BEFORE DISCHARGING A PATIENT, THE MEDICAL DIRECTOR SHALL
DETERMINE IF THE PATIENT IS A DANGER TO SELF OR OTHERS. IF IT IS
DETERMINED THAT THE PATIENT IS A DANGER TO SELF OR OTHERS, THE MEDICAL
DIRECTOR SHALL PETITION THE COURT FOR A SEVERE THREAT ORDER OF PROTECTION.
IN SUCH CASES, INFORMATION REGARDING THE DIAGNOSIS, THE TREATMENT AND ANY
ACTIONS OBSERVED DURING TREATMENT MAY BE SUBSTITUTED FOR AN EVALUATION.

Sec. 11. TitTe 36, chapter 29, articie 1. Arizona Revised Statutes,
is amended by adding section 36*2907.14, to read:

36-2907.l4. SchooT-based mentai and behaviorai heaTth

training and services

BEGINNING GULY l, 2018, IF SUFFICIENT MONIES ARE APPROPRIATED FOR
THIS PURPOSE, THE ADMINISTRATION MAY MAKE PAYMENTS DIRECTLY TO SCHOOLS OR
MAY REQUIRE A CONTRACTOR IN EACH GEOGRAPHIC SERVICE AREA TO PROVIDE THE
FOLLOWING:

l. MENTAL HEALTH FIRST AID TRAINING FOR STUDENTS IN PUBLIC SCHOOLS
THAT PROVIDE INSTRUCTION IN ANY COMBINATION OF KINDERGARTEN PROGRAMS AND
GRADES ONE THROUGH TWELVE, THE FAMILIES AND PEERS AND SCHOOL
STAFF.

2. BEHAVIORAL HEALTH SERVICES TO ELIGIBLE STUDENTS IN PUBLIC
SCHOOLS THAT PROVIDE INSTRUCTION IN ANY COMBINATION OF KINDERGARTEN
PROGRAMS AND GRADES ONE THROUGH THELVE.

Sec. 12. Section 41-1711, Arizona Revised Statutes, is amended to
read:

41-1711. Department of Duinc safetv: purpose; Iocation;
ouaTifications of director; responsibilities;
center for schooI safety

A. There shaTI be a department of pubTic safety which is
responsibIe for creating and coordinating services for use by TocaT Taw

 

_31_

mNmU?-thl?I




enforcement agencies in protecting the public safety. The principal
office and headquarters of the department shall be in Phoenix.

B. The department shall formulate plans with a view to
establishing modern services for THE prevention of crime, THE
apprehension of violators. THE training of law enforcement
personnelt? and the promotion of public safety. The department shall tn
no-way NOT preempt the authority and jurisdiction of established agencies
of political subdivisions of the THIS state.

C. The director shall be selected on the basis of training and
experience with a minimum of five years' experience in the administration
of law enforcement.

D. The director shall be appointed by the governor pursuant to
section 38-211 to serve concurrently with the appointing governor and
shatt-be 15 subject to removal for cause. including 
malfeasance. misfeasance and nonfeasance in office. The director shall
receive annual compensation as determined pursuant to section 38-611.

E. The director shaft?be IS directly responsible to the governor
for the conduct and the administration of the department. If the
director is unable to act, the deputy director shall direct the
activities of the department during the period in which the director is
unable to act. If the director and deputy director are BOTH unable to
act, the governor shall direct the activities of the department during
the period in which the director and deputy director are BOTH unable to
act.

F. The director shall prescribe procedures for use of department
personnel. facilities, equipment, supplies and other resources in
assisting search or rescue operations.

G. The director shatt-be IS responsible for the establishment,
operation and maintenance of the statewide emergency medical services
communication system prescribed by section 41-1835.

H. The director may purchase, lease, equip, staff and operate air
ambulances, including ambulance helicopters, pursuant to section 41-1834.

I. To limit the expenditures of monies derived from the state
highway fund established pursuant to article IX, section 14, Constitution
of Arizona, to traffic safety and traffic law enforcement purposes, the
department of public safety shall:

1. Maintain a strict account of all costs incurred by each
function of the department. Such costs shall be determined and allocated
between traffic safety or traffic law enforcement functions and all other
departmental functions and shall include such costs as wages or salaries,
materials or supplies and equipment or facility use.

2. Immediately following the determination of all such costs,
certify to the office of strategic planning and budgeting the
full amount of all such costs relating to the various functions within
the department.

-32-






J. The office of strategic pIanning and budgeting shaII
annuaIIy submit a separate report to the IegisIature compiied from the
department"? DEPARTMENT OF PUBLIC functionai costs certification
indicating the compIete breakdown between those costs mhith THAT are
reIated to traffic safety or traffic Iaw enforcement functions and the
various other functions within the department OF PUBLIC SAFETY. The
director of the department of administration shaII incTude within the
director's annuaI report to the IegisIature a recommendation for a
separate appropriation to reimburse the state highway fund from the state
generaT fund for any expenditures from the state highway fund during the
prior fiscaI year in excess of the totai of a1] costs reIated to traffic
safety or traffic Iaw enforcement functions of the department OF PUBLIC
SAFETY.

K. The director shaII estainsh a speciaT hazardous materiaIs
emergency response organizationai unit within the department to function
as the initiaT response eiement of the hazardous materiaIs emergency
management program pursuant to section 49-123.

L. The department is designated as this state's recipient of
federaI victims of crime act grants.

M. THE DIRECTOR SHALL ESTABLISH A CENTER FOR SCHOOL SAFETY IN THE
ARIZONA COUNTER TERRORISM INFORMATION CENTER. THE CENTER FOR SCHOOL
SAFETY SHALL:

1. ESTABLISH A SAFE SCHOOLS HOTLINE PROGRAM THAT ALLOWS ANY PERSON
TO ANONYMOUSLY REPORT ANY DANGEROUS, VIOLENT OR UNLANFUL ACTIVITY THAT IS
BEING CONDUCTED OR IS THREATENED TO BE CONDUCTED ON A SCHOOL CAMPUS, 0N
SCHOOL TRANSPORTATION OR AT A SCHOOL-SPONSORED EVENT OR A 
ACTIVITY. THE DIRECTOR SHALL ESTABLISH POLICIES AND PROCEDURES TO PROTECT
THE IDENTITY OF ANY PERSON SUBMITTING INFORMATION OR A. REPORT THAT IS
BASED ON A GOOD FAITH BELIEF THAT THE INFORMATION IS TRUE. INFORMATION
THAT IS REPORTED PURSUANT TO THIS PARAGRAPH IS CONFIDENTIAL AND DOES NOT
CONSTITUTE A PUBLIC RECORD. THE PROGRAM AND THE PERSONS IMPLEMENTING OR
OPERATING THE PROGRAM MAY BE COMPELLED TO DISCLOSE INFORMATION REPORTED
PURSUANT TO THIS PARAGRAPH OR PRODUCE RELATED MATERIALS ONLY BEFORE A
COURT AND PURSUANT TO A COURT ORDER. ANY SUCH REVIEW SHALL BE LIMITED TO
AN INSPECTION OF MATERIALS THAT ARE MATERIAL TO THE SPECIFIC CASE PENDING
BEFORE THE COURT. THE ATTORNEY GENERAL ACTING ON BEHALF OF THE DEPARTMENT
OF PUBLIC SAFETY HAS STANDING IN ANY ACTION TO OPPOSE THE DISCLOSURE OF
INFORMATION OR MATERIALS THAT ARE IN THE CUSTODY OF THE CENTER FOR SCHOOL
SAFETY AND THAT ARE CONFIDENTIAL PURSUANT TO THIS PARAGRAPH.

2. COORDINATE WITH THE DEPARTMENT OF EDUCATION. SCHOOL DISTRICTS.
CHARTER SCHOOLS AND LOCAL LAN ENFORCEMENT AGENCIES TO ENSURE THE SAFETY
OF SCHOOLS IN THIS STATE AND DEVELOP AND PROVIDE INFORMATION TO SCHOOL
DISTRICTS AND CHARTER SCHOOLS ON BEST PRACTICES FOR SCHOOL SECURITY AND
TRAINING ON SCHOOL SAFETY.

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Sec. 13. Section 41-1715, Arizona Revised Statutes. is amended to
read:

41?1715. Department of public safetv reserve

The director may provide for a volunteer organization to be known as
the department of public safety reserve, which oTganization?shaii?tnnsist
CONSISTS of United States citizens who are residents of the THIS state of
Arizona and who shaii render auxiliary support. without compensation, to
the department as the director may prescribe. This organization may
consist of volunteers who are peace officers and volunteers who are not
peace officers. PERSONS SERVING AS SNORN PEACE OFFICERS IN THIS
ORGANIZATION MAY BE ASSIGNED TO ASSIST WITH THE SAFETY AND SECURITY OF
SCHOOL DISTRICTS AND CHARTER SCHOOLS THROUGHOUT THIS STATE.

Sec. 14. Section 41-1750. Arizona Revised Statutes, is amended to
read:

41-1750. Central state reoositorv: department of public

safetv: duties: funds: accounts: definitions

A. The department is responsible for the effective operation of the
central state repository in order to collect, store and disseminate
complete and accurate Arizona criminal history records and related
criminal justice information. The department shall:

1. Procure from all criminal justice agencies in this state
accurate and complete personal identification data, fingerprints. charges,
process control numbers and dispositions and such other information as may
be pertinent to all persons who have been charged with, arrested for,
convicted of or summoned to court as a criminal defendant for a felony
offense or an offense involving domestic violence as defined in section
13-3601 or a violation of title 13, chapter 14 or title 28. chapter 4.

2. Collect information concerning the number and nature of offenses
known to have been committed in this state and of the legal steps taken in
connection with these offenses, such other information that is useful in
the study of crime and in the administration of criminal justice and all
other information deemed necessary to operate the statewide uniform crime
reporting program and to cooperate with the federal government uniform
crime reporting program.

3. Collect information concerning criminal offenses that manifest
evidence of prejudice based on race, color. religion, national origin,
sexual orientation, gender or disability.

4. Cooperate with the central state repositories in other states
and with the appropriate agency of the federal government in the exchange
of information pertinent to violators of the law.

5. Ensure the rapid exchange of information concerning the
commission of crime and the detection of violators of the law among the
criminal justice agencies of other states and of the federal government.

-34-




F.)
LA)



.J



i?ai?I







DJUJCAJNN








6. Furnish assistance to peace officers throughout this state in
crime scene investigation for the detection of latent fingerprints and in
the comparison of latent fingerprints.

7. Conduct periodic operational audits of the central state
repository and of a representative sample of other agencies that
contribute records to or receive criminal justice information from the
central state repository or through the Arizona criminal justice
information system.

8. Establish and enforce the necessary physical and system
safeguards to ensure that the criminal justice information maintained and
disseminated by the central state repository or through the Arizona
criminal justice information system is appropriately protected from
unauthorized inquiry, modification, destruction or dissemination as
required by this section.

9. Aid and encourage coordination and cooperation among criminal
justice agencies through the statewide and interstate exchange of criminal
justice information.

10. Provide training and proficiency testing on the use of criminal
justice information to agencies receiving information from the central
state repository or through the Arizona criminal justice information
system.

11. Operate and maintain the Arizona automated fingerprint
identification system established by section 41-2411.

12. Provide criminal history record information to the
fingerprinting division for the purpose of screening applicants for
fingerprint clearance cards.

B. The director may establish guidelines for the submission and
retention of criminal justice information as deemed useful for the study
or prevention of crime and for the administration of criminal justice.

C. The chief officers of criminal justice agencies of this state or
its political subdivisions shall provide to the central state repository
fingerprints and information concerning personal identification data,
descriptions, crimes for which persons are arrested, process control
numbers and dispositions and such other information as may be pertinent to
all persons who have been charged with, arrested for, convicted of or
summoned to court as criminal defendants for felony offenses or offenses
involving domestic violence as defined in section 13-3601 or violations of
title 13. chapter 14 or title 28, chapter 4 that have occurred in this
state.

D. The chief officers of law enforcement agencies of this state or
its political subdivisions shall provide to the department such
information as necessary to operate the statewide uniform crime reporting
program and to cooperate with the federal government uniform crime
reporting program.






E. The chief officers of criminal justice agencies of this state or
its political subdivisions shall comply with the training and proficiency
testing guidelines as required by the department to comply with the
federal national crime information center mandates.

F. The chief officers of criminal justice agencies of this state or
its political subdivisions also shall provide to the department
information concerning crimes that manifest evidence of prejudice based on
race, color, religion, national origin, sexual orientation, gender or
disability.

G. The director shall authorize the exchange of criminal justice
information between the central state repository, or through the Arizona
criminal justice information system, whether directly or through any
intermediary, only as follows:

1. With criminal justice agencies of the federal government, Indian
tribes, this state or its political subdivisions and other states, on
request by the chief officers of such agencies or their designated
representatives, specifically for the purposes of the administration of
criminal justice and for evaluating the fitness of current and prospective
criminal justice employees.

2. With any noncriminal justice agency pursuant to a statute,
ordinance or executive order that specifically authorizes the noncriminal
justice agency to receive criminal history record information for the
purpose of evaluating the fitness of current or prospective licensees,
employees, contract employees or volunteers, on submission of the
subject's fingerprints and the prescribed fee. Each statute, ordinance,
or executive order that authorizes noncriminal justice agencies to receive
criminal history record information for these purposes shall identify the
specific categories of licensees, employees, contract employees or
volunteers. and shall require that fingerprints of the specified
individuals be submitted in conjunction with such requests for criminal
history record information.

3. With the board of fingerprinting for the purpose of conducting
good cause exceptions pursuant to section 41-619.55 and central registry
exceptions pursuant to section 41-619.57.

4. With any individual for any lawful purpose on submission of the
subject of record's fingerprints and the prescribed fee.

5. With the governor, if the governor elects to become actively
involved in the investigation of criminal activity or the administration
of criminal justice in accordance with the governor's constitutional duty
to ensure that the laws are faithfully executed or as needed to carry out
the other responsibilities of the governor?s office.

6. With regional computer centers that maintain authorized
computer-to-computer interfaces with the department, that are criminal
justice agencies or under the management control of a criminal justice
agency and that are established by a statute, ordinance or executive order

- 36

to provide automated data processing services to criminal justice agencies
specifically for the purposes of the administration of criminal justice or
evaluating the fitness of regional computer center employees who have
access to the Arizona criminal justice information system and the national
crime information center system.

7. With an individual who asserts a belief that criminal history
record information relating to the individual is maintained by an agency
or in an information system in this state that is subject to this section.
On submission of fingerprints, the individual may review this information
for the purpose of determining its accuracy and completeness by making
application to the agency operating the system. Rules adopted under this
section shall include provisions for administrative review and necessary
correction of any inaccurate or incomplete information. The review and
challenge process authorized by this paragraph is limited to criminal
history record information.

8. With individuals and agencies pursuant to a specific agreement
with a criminal justice agency to provide services required for the
administration of criminal justice pursuant to that agreement if the
agreement specifically authorizes access to data, limits the use of data
to purposes for which given and ensures the security and confidentiality
of the data consistent with this section.

9. With individuals and agencies for the express purpose of
research, evaluative or statistical activities pursuant to an agreement
with a criminal justice agency if the agreement specifically authorizes
access to data, limits the use of data to research, evaluative or
statistical purposes and ensures the confidentiality and security of the
data consistent with this section.

10. With the auditor general for audit purposes.

11. With central state repositories of other states for noncriminal
justice purposes for dissemination in accordance with the laws of those
states.

12. On submission of the fingerprint card, with the department of
child safety and a tribal social services agency to provide criminal
history record information on prospective adoptive parents for the purpose
of conducting the preadoption certification investigation under title 8,
chapter 1, article 1 if the department of economic security is conducting
the investigation. or with an agency or a person appointed by the court.
if the agency or person is conducting the investigation. Information
received under this paragraph shall only be used for the purposes of the
preadoption certification investigation.

13. With the department of child safety, a tribal social services
agency and the superior court for the purpose of evaluating the fitness of
custodians or prospective custodians of juveniles, including parents,
relatives and prospective guardians. Information received under this

-37-






paragraph shall only be used for the purposes of that evaluation. The
information shall be provided on submission of either:

The fingerprint card.

The name. date of birth and social security number of the
person.

14. On submission of a fingerprint card. provide criminal history
record information to the superior court for the purpose of evaluating the
fitness of investigators appointed under section 14-5303 or 14-5407,
guardians appointed under section 14-5206 or 14-5304 or conservators
appointed under section 14-5401.

15. With the supreme court to provide criminal history record
information on prospective fiduciaries pursuant to section 14-5651.

16. With the department of juvenile corrections to provide criminal
history record information pursuant to section 41-2814.

17. On submission of the fingerprint card, provide criminal history
record information to the Arizona peace officer standards and training
board or a board certified law enforcement academy to evaluate the fitness
of prospective cadets.

18. With the internet sex offender website database established
pursuant to section 13-3827.

19. With licensees of the United States nuclear regulatory
commission for the purpose of determining whether an individual should be
granted unescorted access to the protected area of a commercial nuclear
generating station on submission of the subject of record's fingerprints
and the prescribed fee.

20. With the department of education for the purpose of evaluating
the fitness of a certificated teacher or administrator or an applicant for
a teaching or an administrative certificate provided that the department
of education or its employees or agents have reasonable suspicion that the
certificated person engaged in conduct that would be a criminal violation
of the laws of this state or was involved in immoral or unprofessional
conduct or that the applicant engaged in conduct that would warrant
disciplinary action if the applicant were certificated at the time of the
alleged conduct. The information shall be provided on the submission of
either:

The fingerprint card.

The name, date of birth and social security number of the
person.

21. With each school district and charter school in this state.
The state board of education and the state board for charter schools shall
provide the department of public safety with a current list of e-mail
addresses for each school district and charter school in this state and
shall periodically provide the department of public safety with updated
e-mail addresses. If the department of public safety is notified that a
person who is required to have a fingerprint clearance card to be employed

-38-

Cowman-lb-wmia




engage in volunteer activities at a school district or charter
school has been arrested for or convicted of an offense listed in section
41-1758.03. Subsection or has been arrested for or convicted of an
offense that amounts to unprofessional conduct under section 15-550. the
department of public safety shall notify each school district and charter
school in this state that the person's fingerprint clearance card has been
suspended or revoked.

22. With a tribal social services agency and the department of
child safety as provided by law, which currently is the Adam Walsh child
protection and safety act of 2006 (42 United States Code section 16961),
for the purposes of investigating or responding to reports of child abuse,
neglect or exploitation. Information received pursuant to this paragraph
from the national crime information center, the interstate identification
index and the Arizona criminal justice information system network shall
only be used for the purposes of investigating or responding as prescribed
in this paragraph. The information shall be provided on submission to the
department of public safety of either:

The fingerprints of the person being investigated.

The name, date of birth and social security number of the
person.

23. With a nonprofit organization that interacts with children or
vulnerable adults for the lawful purpose of evaluating the fitness of all
current and prospective employees, contractors and volunteers of the
organization. The criminal history record information shall be provided
on submission of the applicant fingerprint card and the prescribed fee.

24. With the superior court for the purpose of determining an
individual's eligibility for substance abuse and treatment courts in a
family or juvenile case.

25. With the governor to provide criminal history record
information on prospective gubernatorial nominees, appointees and
employees as provided by law.

H. The director shall adopt rules necessary to execute this
section.

I. The director, in the manner prescribed by law, shall remove and
destroy records that the director determines are no longer of value in the
detection or prevention of crime.

J. The director shall establish a fee in an amount necessary to
cover the cost of federal noncriminal Justice fingerprint processing for
criminal history record information checks that are authorized by law for
noncriminal justice employment, licensing or other lawful purposes. An
additional fee may be charged by the derartment for state noncriminal
justice fingerprint processing. Fees submitted to the department for
state noncriminal justice fingerprint processing are not refundable.






K. The director shall establish a fee in an amount necessary to
cover the cost of processing copies of department reports, eight by ten
inch black and white photographs or eight by ten inch color photographs of
traffic accident scenes.

L. Except as provided in subsection 0 of this section, each agency
authorized by this section may charge a fee, in addition to any other fees
prescribed by law, in an amount necessary to cover the cost of state and
federal noncriminal justice fingerprint processing for criminal history
record information checks that are authorized by law for noncriminal
justice employment, licensing or other lawful purposes.

M. A fingerprint account within the records processing fund is
established for the purpose of separately accounting for the collection
and payment of fees for noncriminal justice fingerprint processing by the
department. Monies collected for this purpose shall be credited to the
account, and payments by the department to the United States for federal
noncriminal justice fingerprint processing shall be charged against the
account. Monies in the account not required for payment to the United
States shall be used by the department in support of the department's
noncriminal justice fingerprint processing duties. At the end of each
fiscal year, any balance in the account not required for payment to the
United States or to support the department's noncriminal justice
fingerprint processing duties reverts to the state general fund.

N. A records processing fund is established for the purpose of
separately accounting for the collection and payment of fees for
department reports and photographs of traffic accident scenes processed by
the department. Monies collected for this purpose shall be credited to
the fund and shall be used by the department in support of functions
related to providing copies of department reports and photographs. At the
end of each fiscal year, any balance in the fund not required for support
of the functions related to providing copies of department reports and
photographs reverts to the state general fund.

0. The department of child safety may pay from appropriated monies
the cost of federal fingerprint processing or federal criminal history
record information checks that are authorized by law for employees and
volunteers of the department, guardians pursuant to section 8-453,
subsection A, paragraph 6. the licensing of foster parents or the
certification of adoptive parents.

P. The director shall adopt rules that provide for:

1. The collection and disposition of fees pursuant to this section.

2. The refusal of service to those agencies that are delinquent in
paying these fees.

0. The director shall ensure that the following limitations are
observed regarding dissemination of criminal justice information obtained
from the central state repository or through the Arizona criminal justice
information system:

-40-






1. Any criminal justice agency that obtains criminal justice
information from the central state repository or through the Arizona
criminal justice information system assumes responsibility for the
security of the information and shall not secondarily disseminate this
information to any individual or agency not authorized to receive this
information directly from the central state repository or originating
agency.

2. Dissemination to an authorized agency or individual may be
accomplished by a criminal justice agency only if the dissemination is for
criminal justice purposes in connection with the prescribed duties of the
agency and not in violation of this section.

3. Criminal history record information disseminated to noncriminal
justice agencies or to individuals shall be used only for the purposes for
which it was given. Secondary dissemination is prohibited uniess
otherwise authorized by law.

4. The existence or nonexistence of criminal history record
information shall not be confirmed to any individual or agency not
authorized to receive the information itself.

5. Criminal history record information to be released for
noncriminal justice purposes to agencies of other states shall only be
released to the central state repositories of those states for
dissemination in accordance with the laws of those states.

6. Criminai history record information shall be released to
noncriminal justice agencies of the federal government pursuant to the
terms of the federal security clearance information act (P.L. 99-169).

R. This section and the rules adopted under this section apply to
all agencies and individuals collecting, storing or disseminating criminal
justice information processed by manual or automated operations if the
collection, storage or dissemination is funded in whole or in part with
monies made available by the law enforcement assistance administration
after July 1. 1973, pursuant to title I of the crime control act of 1973,
and to all agencies that interact with or receive criminal justice
information from or through the central state repository and through the
Arizona criminal justice information system.

S. This section does not apply to criminal history record
information contained in:

1. Posters, arrest warrants. announcements or lists for identifying
or apprehending fugitives or wanted persons.

2. Original records of entry such as police blotters maintained by
criminal justice agencies, compiled chronologically and required by law or
long-standing custom to be made public if these records are organized on a
chronological basis.

3. Transcripts or records of judicial proceedings if released by a
court or legislative or administrative proceedings.

4. Announcements of executive clemency or pardon.

-41-






45

5. Computer databases, other than the Arizona criminai justice
information system, that are specificaTTy designed for community
notification of an offender's presence in the community pursuant to
section 13-3825 or for public informationai purposes authorized by section
13-3827.

T. Nothing in this section prevents a criminaT justice agency from
disciosing to the pubTic criminaT history record information that is
reasonabiy contemporaneous to the event for which an individuai is
currentiy within the criminaT justice system. inciuding information noted
on traffic accident reports concerning citations, bTood aTcohoT tests or
arrests made in connection with the traffic accident being investigated.

U. In order to ensure that compiete and accurate criminaT history
record information is maintained and disseminated by the centrai state
repository:

1. The booking agency shaTT take TegibTe ten-print fingerprints of
a1] persons who are arrested for offenses Tisted in subsection of this
section. The booking agency shaTT obtain a process controT number and
provide to the person fingerprinted a document that indicates proof of the
fingerprinting and that informs the person that the document must be
presented to the court.

2. Except as provided in paragraph 3 of this subsection, if a
person is summoned to court as a resuTt of an indictment or compTaint for
an offense Tisted in subsection of this section, the court shaTT order
the person to appear before the county sheriff and provide TegibTe
ten-print fingerprints. The county sheriff shaTT obtain a process controT
number and provide a document to the person fingerprinted that indicates
proof of the fingerprinting and that informs the person that the document
must be presented to the court. For the purposes of this paragraph.
"summoned" incTudes a written promise to appear by the defendant on a
uniform traffic ticket and compiaint.

3. If a person is arrested for a misdemeanor offense Tisted in
subsection of this section by a city or town Taw enforcement agency, the
person shaTT appear before the Taw enforcement agency that arrested the
defendant and provide Tegibie ten-print fingerprints. The Taw enforcement
agency shaTT obtain a process controi number and provide a document to the
person fingerprinted that indicates proof of the fingerprinting and that
informs the person that the document must be presented to the court.

4. The mandatory fingerprint compiiance form shaTT contain the
foTTowing information:

Whether ten-print fingerprints have been obtained from the
person.

Whether a process controi number was obtained.

(0) The offense or offenses for which the process controT number
was obtained.

Any report number of the arresting authority.

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Instructions on reporting for ten-print fingerprinting,
including available times and locations for reporting for ten-print
fingerprinting.

Instructions that direct the person to provide the form to the
court at the person's next court appearance.

5. Within ten days after a person is fingerprinted, the arresting
authority or agency that took the Fingerprints shall forward the
fingerprints to the department in the manner or form required by the
department.

6. On the issuance of a summons for a defendant who is charged with
an offense listed in subsectimi of this section, the summons shall
direct the defendant to provide ten-print fingerprints to the appropriate
law enforcement agency.

7. At the initial appearance or on the arraignment of a summoned
defendant who is charged with an offense listed in subsection of this
section, if the person does not present a completed mandatory fingerprint
compliance form to the court or if the court has net received the process
control number, the court shall order that within twenty calendar days the
defendant be ten-print fingerprinted at a designated time and place by the
appropriate law enforcement agency.

8. If the defendant fails to present a completed mandatory
fingerprint compliance form or if the court has not received the process
control number, the court, on its own motion, may remand the defendant
into custody for ten-print fingerprinting. If otherwise eligible for
release. the defendant shall be released from custody after being
ten?print fingerprinted.

9. In every criminal case in which the defendant is incarcerated or
fingerprinted as a result of the charge, an originating law enforcement
agency or prosecutor. within forty days of the disposition, shall advise
the central state repository of all dispositions concerning the
termination of criminal proceedings against an individual arrested for an
offense specified in subsection of this section. This information shall
be submitted on a form or in a manner required by the department. IF THE
ORIGINATING LAW ENFORCEMENT AGENCY OR PROSECUTOR HAS A DATA EXCHANGE
SYSTEM THAT ALLOWS THE ELECTRONIC TRANSFER AND SUBMISSION OF CRIMINAL
HISTORY RECORD INFORMATION TO ARIZONA COMPUTERIZED CRIMINAL HISTORY
REPOSITORY, THE LAW ENFORCEMENT AGENCY OR PROSECUTOR SHALL ELECTRONICALLY
SUBMIT DISPOSITION INFORMATION TO THE REPOSITORY WITHIN TWENTY-FOUR HOURS
AFTER VERIFYING THE ACCURACY OF THE INFORMATION.

10. Dispositions resulting from formal proceedings in a court
having jurisdiction in a criminal action against an individual who is
arrested for an offense specified in subsection of this section or
section 8-341. subsection V. paragraph 3 shall be reported to the central
state repository within forty days of the date of the disposition. This

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information shaTT be submitted on a form or in a manner specified by rules
approved by the supreme court.

11. The state department of corrections or the department of
juveniTe corrections, within forty days. shaTT advise the centraT state
repository 'that it has assumed supervision of a person convicted of an
offense specified in subsection of this section or section 8-341,
subsection V, paragraph 3. The state department of corrections or the
department of juveniTe corrections shaTT aTso report dispositions that
occur thereafter to the centraT state repository within forty days of the
date of the dispositions. This information shaTT be submitted on a form
or in a manner required by the department of pubTic safety.

12. Each criminaT justice agency shaTT query the centraT state
repository before dissemination of any criminaT history record information
to ensure the compTeteness of the information. Inquiries shaTT be made
before any dissemination except in those cases in which time is of the
essence and the repository is technicaTTy incapabTe of responding within
the necessary time period. If time is of the essence, the inquiry shaTT
stiTT be made and the response shaTT be provided as soon as possibTe.

V. The director shaTT adopt ruTes specifying that any agency that
coTTects. stores or disseminates criminaT justice information that is
subject to this section shaTT estabTish effective security measures to
protect the information from unauthorized access, discTosure. modification
or dissemination. The ruTes shaTT incTude reasonabTe safeguards to
protect the affected information systems from fire. flood, wind, theft,
sabotage or other naturaT or man-made hazards or disasters.

w. The department shaTT make availabTe to agencies that contribute
to, or receive criminaT justice information from. the centraT state
repository or through the Arizona criminaT justice information system a
continuing training program in the proper methods for coTTecting, storing
and disseminating information in compTiance with this section.

X. Nothing in this section creates a cause of action or a right to
bring an action incTuding an action based on discrimination due to sexuaT
orientation.

Y. For the purposes of this section:

1. "Administration of criminaT justice" means performance of the
detection, apprehension, detention. pretriaT reTease, posttria] reTease,
prosecution. adjudication. correctionai supervision or rehabiTitation of
criminaT offenders. Administration of criminaT justice incTudes
enforcement of criminaT traffic offenses and civiT traffic vioTations,
incTuding parking vioTations, when performed by a crimina] justice agency.
Administration of criminaT justice aTso inciudes criminaT identification
activities and the coTTection, storage and dissemination of criminaT
history record information.

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2. "Administrative records" means records that contain adequate and
proper documentation of the organization, functions, policies, decisions,
procedures and essential transactions of the agency and that are designed
to furnish information to protect the rights of this state and of persons
directly affected by the agency's activities.

3. ?Arizona criminal justice information system" or "system" means
the statewide information system managed by the director for the
collection, processing, preservation, dissemination and exchange of
criminal justice information and includes the electronic equipment.
facilities. procedures and agreements necessary to exchange this
information.

4. "Booking agency" means the county sheriff or, if a person is
booked into a municipal jail, the municipal law enforcement agency.
5. "Central state repository" means the central location within the

department for the collection, storage and dissemination of Arizona
criminal history records and related criminal justice information.

6. "Criminal history record information" and "criminal history
record" means information that is collected by criminal justice agencies
on individuals and that consists of identifiable descriptions and
notations of arrests, detentions, indictments and other formal criminal
charges, and any disposition arising from those actions, sentencing,
formal correctional supervisory action and release. Criminal history
record information and criminal history record do not include
identification information to the extent that the information does not
indicate involvement of the individual in the criminal justice system or
information relating to juveniles unless they have been adjudicated as
adults.

7. "Criminal justice agency" means either:

A court at any governmental level with criminal or equivalent
jurisdiction. including courts of any foreign sovereignty duly recognized
by the federal government.

A government agency or subunit of a government agency that is
specifically authorized to perform as its principal function the
administration of criminal justice pursuant to a statute, ordinance or
executive order and that allocates more than fifty percent of its annual
budget to the administration of criminal justice. This subdivision
includes agencies of any foreign sovereignty duly recognized by the
federal government.

8. "Criminal justice information" means information that is
collected by criminal justice agencies and that is needed for the
performance of their legally authorized and required functions, such as
criminal history record information, citation information, stolen property
information, traffic accident reports, wanted persons information and
system network log searches. Criminal justice information does not
include the administrative records of a criminal justice agency.

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9. "Disposition" means information disclosing that a decision has
been made not to bring criminal charges or that criminal proceedings have
been concluded or information relating to sentencing. correctional
supervision, release from correctional supervision, the outcome of an
appellate review of criminal proceedings or executive clemency.

10. "Dissemination" means the written, oral or electronic
communication or transfer of criminal justice information to individuals
and agencies other than the criminal justice agency that maintains the
information. Dissemination includes the act of confirming the existence
or nonexistence of criminal justice information.

11. "Management control":

Means the authority to set and enforce:

Priorities regarding development and operation of criminal
justice information systems and programs.

(ii) Standards for the selection, supervision and termination of
personnel involved in the development of criminal justice information
systems and programs and in the collection, maintenance, analysis and
dissemination of criminal justice information.

Policies governing the operation of computers. circuits and
telecommunications terminals used to process criminal justice information
to the extent that the equipment is used to process, store or transmit
criminal justice information.

Includes the supervision of equipment, systems design,
programming and operating procedures necessary for the development and
implementation of automated criminal justice information systems.

12. "Process control number" means the Arizona automated
fingerprint identification system number that attaches to each arrest
event at the time of fingerprinting and that is assigned to the arrest
fingerprint card, disposition form and other pertinent documents.

13. "Secondary dissemination" means the dissemination of criminal
justice information from an individual or agency that originally obtained
the information from the central state repository or through the Arizona
criminal justice information system to another individual or agency.

14. "Sexual orientation" means consensual homosexuality or
heterosexuality.
15. "Subject of record" means the person who is the primary subject

of a criminal justice record.

Sec. 15. Section 41-1822, Arizona Revised Statutes, is amended to
read:

41-1822. Powers and duties of board: definition

A. With respect to peace officer training and certification, the
board shall:

1. Establish rules for the government and conduct of the board,
including meeting times and places and matters to be placed on the agenda
of each meeting.

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43-43?5450)


2. Make recommendations, consistent with this article, to the
governor, the speaker of the house of representatives and the president of
the senate on all matters relating to law enforcement and public safety.

3. Prescribe reasonable minimum qualifications for officers to be
appointed to enforce the laws of this state and the political subdivisions
of this state and certify officers in compliance with these
qualifications. Notwithstanding any other law, the qualifications shall
require United States citizenship, shall relate to physical. mental and
moral fitness and shall govern the recruitment, appointment and retention
of all agents, peace officers and police officers of every political
subdivision of this state. The board shall constantly review the
qualifications established by PURSUANT TO this sectfon SUBSECTION and may
amend the qualifications at any time, subject to the requirements of
section 41-1823.

4. Prescribe minimum courses of training and minimum standards for
training facilities for law enforcement officers. Only this state and
political subdivisions of this state may conduct basic peace officer
training. Basic peace officer academies may admit individuals who are not
peace officer cadets only if a cadet meets the minimum qualifications
established by PURSUANT TO paragraph 3 of this subsection. Training shall
include:

Courses in responding to and reporting all criminal offenses
that are motivated by race, color, religion, national origin, sexual
orientation, gender or disability.

Training certified by the director of the department of health
services with assistance from a representative of the board on the nature
of unexplained infant death and the handling of cases involving the
unexplained death of an infant.

Medical information on unexplained infant death for first
responders, including awareness and sensitivity in dealing with families
and child care providers, and the importance of forensically competent
death scene investigations.

Information on the protocol of investigation in cases of an
unexplained infant death, including the importance of a consistent policy
of thorough death scene investigation.

The use of the infant death investigation checklist pursuant to
section 36-3506.

If an unexplained infant death occurs, the value of timely
communication between the medical examiner's office, the department of
health services and appropriate social service agencies that address the
issue of infant death and bereavement, to achieve a better understanding
of these deaths and to connect families to various community and public
health support systems to enhance recovery from grief.

47-

mumm-h-mNi?n




5. Recommend curricuTa for advanced courses and seminars in Taw
enforcement and inteITigence training in universities, coITeges and
community coTIeges, in conjunction with the governing body of the
educationai institution.

6. Make inquiries to determine whether this state or poIiticaI
subdivisions of this state are adhering to the standards for recruitment,
appointment, retention and training established pursuant to this articie.
The faiIure of this state or any poTiticaT subdivision to adhere to the
standards shaTT be reported at the next reguIarTy scheduIed meeting of the
board for action deemed appropriate by that body.

7. PRESCRIBE TRAINING FOR ALL LAN ENFORCEMENT OFFICERS AND JUVENILE
PROBATION OFFICERS NHO PARTICIPATE IN A SCHOOL RESOURCE OFFICER
PROGRAM. AT A MINIMUM, THE TRAINING SHALL INCLUDE INFORMATION ON SCHOOL
SAFETY AND EMERGENCY RESPONSE PLANS, THREAT RESPONSES AND SCHOOL LANS.
THE TRAINING SHALL INCLUDE VIRTUAL OR SIMULATED ACTIVE SHOOTER TRAINING
THAT IS SPECIFIC TO SCHOOL SCENARIOS.

f7 8. EmpToy an executive director and other staff as are
necessary to fquiIT the powers and duties of the board in accordance with
the requirements of the Taw enforcement merit system counciT.

B. With respect to state department of corrections correctionai
officers, the board shaTI:

1. Approve a basic training curricqum of at Teast two hundred
forty hours.

2. Estainsh uniform minimum standards. These standards shaTI
incIude high schooT graduation or the equivaIent and a physicaT
examination as prescribed by the director of the state department of
corrections.

3. Estabiish uniform standards for background investigations.
incIuding criminaT histories under section 41-1750, of a11 appIicants
before enroTTing in the academy. The board may adopt speciaI procedures
for extended screening and investigations in extraordinary cases to ensure
suitabiIity and to a career as a correctionaT officer.

4. Issue a certificate of compTetion to any state department of
corrections correctionaT officer who satisfactoriTy compiies with the
minimum standards and compietes the basic training program. The board may
issue a certificate of compIetion to a state department of corrections
correctionaT officer who has received comparabTe training in another state
if the board determines that the training was at Teast equivaIent to that
provided by the academy and if the person compiies with the minimum
standards.

5. EstabTish continuing training requirements and approve
curricuTa.

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Nmmr-ei?Ii?II?LI?a





C. With respect to peace officer misconduct. the board may:

1. Receive complaints of peace officer misconduct from any person,
request law enforcement agencies to conduct investigations and conduct
independent investigations into whether an officer is in compliance with
the quaiifications established pursuant to subsection A, paragraph 3 of
this section.

2. Receive a complaint of peace officer misconduct from the
president or chief executive officer of a Loc.d rccugnixbd
BOARD-RECOGNIZED law enforcement association that represents the interests
of certified law enforcement officers if the association believes that a
law enforcement agency refused to investigate or made findings that are
contradictory to prima facie evidence of a violation of the qualifications
established pursuant to subsection A, paragraph 3 of this section. If the
board finds that the law enforcement agency refused to investigate or made
findings that contradicted prima facie evidence of a violation of the
qualifications established pursuant to subsection A, paragraph 3 of this
section, the board shall conduct an independent investigation to determine
whether the officer is in compliance with the qualifications established
pursuant to subsection A, paragraph 3 of this section and provide a letter
of the findings based on the investigation conducted by the board to the
president or chief executive officer of the boaid iccugnictd
BOARD-RECOGNIZED law enforcement association who made the complaint.

D. The board may:

1. Deny, suspend, revoke or cancel the certification of an officer
who is not in compliance with the qualifications established pursuant to
subsection A, paragraph 3 of this section.

2. Provide training and related services to assist state, tribal
and local law enforcement agencies to better serve the public.

3. Enter into contracts to carry out its powers and duties.

E. This section does not create a cause of action or a right to
bring an action. including an action based on discrimination due to sexual
orientation.

F. For the purposes of this section. "sexual orientation" means
consensual homosexuality or heterosexuality.

Sec. 16. Department of public safetv: virtual training

equipment

The department of public safety shall spend up to $392,000 from the
peace officers' training fund established by section 41-1825, Arizona
Revised Statutes, to obtain virtual training equipment to provide training
to school resource officers. The virtual training equipment shall be
compatible with virtual training equipment that is already in use.

 

 

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mumm-p-wNH




Sec. 17. Appropriation; department of education; school
resource officers

The sum of $2,000,000 is appropriated from the state general fund in
fiscal year 2018-2019 to the department of education to add more school
resource officers to the school safety program established by section
15-154, Arizona Revised Statutes. as amended by this act.

Sec. 18. Appropriation; Arizona health care cost containment
system; mental health first aid training and
behavioral health services in schools

A. The sum of $450,000 is appropriated from the state general fund
in fiscal year 2018-2019 to the Arizona health care cost containment
system for mental health first aid training in schools pursuant to section
36-2907.l4, paragraph 1, Arizona Revised Statutes, as added by this act.

B. The sum of $2,000,000 is appropriated from the state general
fund in fiscal year 2018-2019 to the Arizona health care cost containment
system for behavioral health services in schools pursuant to section
36-2907.14, paragraph 2, Arizona Revised Statutes. as added by this act.

Sec. 19. Appropriation; department of public safety;
expansion of tips and leads portal: exemption

A. The sum of $125,000 is appropriated from the state general fund
in fiscal year 2018-2019 to the department of public safety to expand the
current tips and leads portal to include a campus-specific portal for
schools in this state that will allow for secure and anonymous reporting
of information to school administrators. law enforcement agencies and
behavioral health professionals.

B. The appropriation made in subsection A of this section is exempt
from the provisions of section 35-190. Arizona Revised Statutes, relating
to lapsing of appropriations. until from and after June 30, 2020.

Sec. 20. Appropriation; department of public safetv: center

for school safetv

The sum of $597,800 is appropriated from the state general fund in
fiscal year 2018-2019 to the department of public safety to establish,
staff and manage the center for school safety established pursuant to
section 41-1711, subsection M, Arizona Revised Statutes, as added by this
act.

Sec. 21. Appropriations: Arizona criminal justice commission:
upgrades to the Arizona computerized criminal
history repository: exemption

A. The sum of $600,000 is appropriated from the state general fund
in each of fiscal years 2018-2019, 2019-2020 and 2020-2021 to the Arizona
criminal justice commission for the purpose of coordinating with the
department of public safety, law enforcement agencies, county attorneys
and courts to develop and implement a data exchange system to allow the
electronic transfer and submission of criminal history record information
to the Arizona computerized criminal history repository within twenty-four

-50-



hours. Priority shai] be given to entities based on deficiencies in
dispositions and voiume of cases.

B. The appropriation made in subsection A of this section is exempt
from the provisions of section 35-196, Arizona Revised Statutes, reiating
to 1apsing of appropriations.

Sec. 22. Retroactivity

This act appiies retroactiveiy to from and after June 30, 2018.

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