2021 Annual Legislative Report

Legislative 2 0 1 POLICY Summary

Arizona Criminal Justice Commission

ARIZONA CRIMINAL JUSTICE COMMISSION

Chairperson: SHEILA POLK, Yavapai County Attorney

Vice-Chairperson: STEVE STAHL, Chief City of Maricopa, Police Department (Retired)

MARK BRNOVICH DAVID K. BYERS, Director LAURA CONVOVER Attorney General Administrative Office of the Courts Pima County Attorney

GREG MENGARELLI, Mayor ALLISTER ADEL CHRIS NANOS City of Prescott Maricopa County Attorney Pima County Sheriff

COL. HESTON SILBERT, Director DAVID SHINN, Director DAVID SANDERS, Chief Department of Public Safety Department of Corrections Pima County Probation Officer

PAUL PENZONE JEAN BISHOP MINA MENDEZ, Chairperson Maricopa County Sheriff Mohave County Supervisor Board of Executive Clemency

JEFFREY GLOVER, Chief KARA RILEY, Chief Tempe Police Department Oro Valley Police Department

ANDREW T. LEFEVRE Executive Director

MOLLY E. EDWARDS PIO/Legislative Liaison

Table of Contents

About…………………………………………………………………………………………………………………….3 Executive summary and Charts.……………………………………………..……………………………..5 ACJC Priority Bills…………………………………………………………..……………………………………..12 Bills that Place a Requirement on ACJC………………………………………………………………..13 Bills that Place ACJC as a Fiscal Agency…………………………………………………….…………..13 Bills pertaining to Law Enforcement…………………………………………………………………….14 Bills Pertaining to Firearms…………………………………………………………..………………………16 Bills pertaining to Administrative Office of the Courts...……………………………………...17 Bills Pertaining to Prosecutors………………………………………………….………………………...19 Bills Pertaining to the Department of Corrections.…………………………………………..….20 Bills pertaining to Victims…………………………………………………….……………………………..21 Senate Bills that Failed……………………………………………………………..…………………………22 House Bills that Failed…………………………………………………………..…………………………….23

About the Arizona Criminal Justice Commission

“Our mission is to continuously address, improve, sustain and enhance public safety in the State of Arizona through the coordination, cohesiveness, and effectiveness of the Criminal Justice System.”

The Arizona Criminal Justice Commission (ACJC) is a statutorily authorized entity mandated to carry out various coordinating, monitoring and reporting functions regarding the administration and management of criminal justice programs in Arizona. In accordance with statutory guidelines, the Commission is composed of 19 members who represent various elements of the criminal justice system in Arizona. Fourteen of the 19 Commissioners are appointed by the Governor and are municipal, county or elected officials. The remaining five are state criminal justice agency heads. Appointed Commissioners serve for two years which expire when the first regular session of the legislature is convened; they may be re- appointed.

ACJC was created in 1982 to serve as a resource and service organization for Arizona's 480 criminal justice agencies on a myriad of issues ranging from drugs, gangs, victim compensation and assistance to criminal record improvement initiatives. The ACJC works on behalf of the criminal justice agencies in Arizona to facilitate information and data exchange among statewide agencies by establishing and maintaining criminal justice information archives, monitoring new and continuing legislation relating to criminal justice issues, gathering information, and researching existing criminal justice programs. Our mission is to sustain and enhance the coordination, cohesiveness, productivity, and effectiveness of the criminal justice system in Arizona.

The Arizona Criminal Justice Commission has four key program areas: Criminal Justice Systems Improvement; Drug, Gang, and Violent Crime Control (DGVCC), Statistical Analysis Center, and Crime Victim Services.

The Criminal Justice Systems Improvement Program enhances the public safety, security, and forensic services for Arizona citizens through a collaborative justice information sharing environment while protecting the privacy of citizens and confidentiality of information. This program is supported through several federal grants and works with stakeholders to assess and develop implementation strategies for criminal justice system improvements throughout the state.

The Drug, Gang and Violent Crime Control (DGVCC) Program coordinates the funded efforts to deter, investigate, prosecute, adjudicate, and punish drug, violent crime, and criminal street gang offenders. This is accomplished by providing funding from federal, state, and local sources to criminal justice agencies around the state. The DGVCC program administers the federally funded Edward Byrne Memorial Justice Assistance Grant (Byrne JAG Grant Program). The ACJC is the State Administering Agency (SAA) for this federal grant. In additional ACJC also utilizes state revenue from the Drug and Gang Enforcement Fund (DGE). Funding from all sources are used to provide resources to state, county, and local agencies to support activities that combat drug, gang, and violent crime across the state.

The Statistical Analysis Center (SAC) serves as the research arm of the Arizona Criminal Justice Commission. The SAC was created to collect, analyze, and report on the state of criminal justice issues in Arizona by evaluating programs and policies as requested by the Arizona Criminal Justice Commission or required by statute for local, state, and federal criminal justice agencies. The SAC contributes to statewide policy development in numerous areas by providing statistical research and analysis of the criminal justice system in Arizona. The SAC is the statewide equivalent of the national Bureau of Justice Statistics (BJS) and is an active member of the Justice Research and Statistics Association (JRSA).

The Crime Victim Services Program oversees and administers two key program areas for the Criminal Justice Commission: the State Crime Victim Compensation program and the State Crime Victims Assistance Program. The Crime Victim Assistance program provides grants to private non-profits or government agencies that deliver direct services to crime victims. The state Crime Victim Compensation program is administered through the ACJC, but resides locally in each of Arizona’s 15 county attorney’s offices.

Executive Summary

The first regular session of the 55th Arizona State Legislature commenced on January 11th, 2021. This session there was a total 1,774 bills, 125 memorials and resolutions introduced. Of those bills, 473 have been signed by the Governor and 27 have been vetoed. The Arizona Criminal Justice Commission tracked over 116 bills this session that directly impacted criminal justice issues across the state. From the list of bills that we tracked; the governor signed 26 of them. The Legislature adjourned on June 30, 2021 for a total of 171 days of session.

The Arizona Revised Statutes (ARS) categories that had the most bills introduced and signed into law were exactly the same (CHART A and CHART B):

● Title 13: Criminal Code ● Title 15: Education ● Title 28: Transportation ● Title 32: Professional and Occupation ● Title 36: Public Health and Safety ● Title 41: State Government

CHART C compares the ARS bills introduced in 2020 to 2021. The biggest overall jumps for introduction of bills between the two years was in State Government, Public Health, Transportation, Education, Elections & Elections, and the Criminal Code. Much of this can be attributed to the attention on these issues during the pandemic.

CHART D and CHART E shows how many bills each legislator introduced and how many bills were signed into law.

The Commission approved and put forward three bills this session, HB2166, HB2158, and HB2260.

HB2166 was the Criminal Justice Commission; Data Collection bill. This bill, as crafted, was initially introduced in 2020 during the pandemic, but did not make it through the process and ultimately died. In 2021, Representative Blackman agreed to reintroduce the bill with the following provisions:

 Designates ACJC at the central collection point for criminal justice data collection.  Provide ACJC with the authority to require state or local criminal justice agencies to submit information that is currently collected and readily reportable by the agency.  Creates protections for criminal justice agencies so that data cannot be required unless it: o Is statutorily required to comply with a report, o Is required for federal or state reporting, or o Is approved by a vote of the full Commission.  Authorizes ACJC to conduct a comprehensive survey of data contained in criminal justice records systems housed at local and state criminal justice agencies to create a data inventory report.

 Provide the data inventory report to the Governor and Legislature that also includes cost estimates for ACJC to implementation of a statewide criminal justice data reporting system.

Throughout the legislative process, staff worked to keep the bill as simple as possible in order to complete the survey of criminal justice agencies as a first step to understanding what data systems are currently being utilized in the state and what is needed to bring this information into one framework. Ultimately it is ACJC’s goal to provide the necessary planning and framework for Arizona to become a national leader in the collection and reporting of criminal justice data. We are happy to report that HB2166 passed both the House (59 Y, 1NV) and the Senate (27Y, 3NV), and signed into law on March 24, 2021.

ACJC, in partnership with the Administrative Office of the Courts introduced HB2158. HB2158 is the Protective Orders; Central Repository; Notification bill. This bill was a necessary fix for the recently launched AZPOINT system. The bill passed both the House (55Y, 4N, 1NV) and the Senate (unanimously) and signed into law on April 20, 2021.

Finally, ACJC proposed additional members be added to the Commission in HB2260. HB2260 was the Arizona Criminal Justice Commission; Membership bill. An amendment was added in committee that was not approved by the Commission and unfortunately could not be negotiated with the sponsor. Therefore the bill did not make it out of the Senate.

The 55th legislative session, the members of each chamber was assembled by the following:

Republicans Democrats

Senate 16 14

House 31 29

SENATE LEADERS: President – Karen Fann (R-Dist 1). Maj Leader – Rick Gray (R-Dist 21). Maj Whip – Sonny Borrelli (R-Dist 5). Pres Pro Tem – Vince Leach (R-Dist 11). Dem Leader – Rebecca Rios (D-Dist 27). Asst Dem Leader – Lupe Contreras (D-Dist 19). Dem Co-Whip – Martin Quezada (D-Dist. 29). Dem Co- Whip – Victoria Steele (D-Dist. 9).

HOUSE LEADERS: Speaker – Rusty Bowers (R-Dist 25). Maj Leader – Ben Toma (R-Dist 22). Maj Whip – Leo Biasiucci (R-Dist 5). Speaker Pro Tem – Travis Grantham (R-Dist 12). Dem Leader – Reginald Bolding (D-Dist 27). Asst. Dem Leader – Jennifer Longdon (D-Dist 24). Dem Whip – Domingo DeGrazia (D-Dist 10).

CHART A 2021 All Bills Introduced and the ARS Category

Title 99 ([Other Resolutions & Memorials]) Title 98 ([Constitutional Amendments]) Title 97 ([Statutory Referendums]) Title 49 (Environment) Title 48 (Special Taxing Districts) Title 47 (Uniform Commercial Code) Title 46 (Welfare) Title 45 (Water) Title 44 (Trade & Commerce) Title 43 (Taxation of Income) Title 42 (Taxation) Title 41 (State Government) Title 40 (Public Utilities & Carriers) Title 39 (Public Records; Notices) Title 38 (Public Officers; Employees) Title 37 (Public Lands) Title 36 (Public Health) Title 35 (Public Finance) Title 34 (Public Buildings) Title 33 (Property) Title 32 (Professions & Occupations) Title 31 (Prisons & Prisoners) Title 30 (Power) Title 29 (Partnership) Title 28 (Transportation) Title 27 (Minerals, Oil & Gas) Title 26 (Military Affairs; Emerg. Services) Title 25 (Marital & Domestic Relations) Title 24 (Livestock & Animals) Title 23 (Labor) Title 22 (Justices of Peace) Title 21 (Juries) Title 20 (Insurance) Title 19 (Initiative, Ref. & Recall) Title 18 (Highways & Bridges) Title 17 (Game & Fish) Title 16 (Elections & Electors) Title 15 (Education) Title 14 (Trusts & Estates) Title 13 (Criminal Code) Title 12 (Courts & Civil Proceedings) Title 11 (Counties) Title 10 (Corporations & Associations) Title 9 ( Cities & Towns) Title 8 (Children) Title 7 (Bonds) Title 6 (Banks & Financial Institutions) Title 5 (Amusements & Sports) Title 4 (Alcoholic Beverages) Title 3 (Agriculture) Title 2 (Aeronautics) Title 1 (General Provisions) 0 50 100 150 200 250 300 350 400 450 500

CHART B 2021 Number of bills signed by the Governor by ARS Title

49-Environment 48-Special taxing districts 46-Welfare 45-Waters 44- Trade and Commerce 43-Taxation of Income 42-Taxation 41-State Government 39-Public records 38- Public officers and employees 37-Public lands 36- Public health and safety 35-Public finance 34- Public Buildings 33-Property 32-Professional and occupation 31-Prisoners and prisons 28-Transportation 27-Minerals, Oil & Gas 26-Military Affairs 25- Marital and domestic relationships 23-Labor 22-Justices of Peace 21-Juries 20-Insurance 19-Initiative, Ref. & Recall 18-Highways & Bridges 17-game and fish 16-elections and electorals 15-Education 14-Trust and Estates and Protective Proceedings 13- Criminal Code 12-Courts and Civil proceedings 11-Counties 10-Corporations 9-Cities and towns 8-Child Safety 6-Banks 5-Amusement and sports 4-Alcoholic Beverages 3-Agriculture 1-General Provisions 0 10 20 30 40 50 60 70

CHART C 2020/2021 Comparison Chart of Bills Introduced

2021 2020

CHART D 2021 All House Bills Introduced by Legislators and signed into law

Justin Wilmeth Jeff Weninger Michelle Udall Myron Tsosie Ben Toma Raquel Teran Arlando Teller Stephanie Stahl Hamilton Lorenzo Sierra Amish Shah Judy Schwiebert Athena Salman Diego Rodriguez Bret Roberts Frank Pratt Pamela Powers Hannley Beverly Pingerelli Kevin Payne Jennifer Pawlik Jacqueline Parker Joanna Osborne Becky Nutt Quang Nguyen Robert Meza Jennifer Longdon Aaron Lieberman John Kavanagh Steve Kaiser Joel John Jennifer Jermaine Jake Hoffman Melody Hernandez Alma Hernandez Daniel Hernandez Gail Griffin Travis Grantham Randy Friese Mark Finchem John Fillmore Charlene Fernandez Diego Espinoza Mitzi Epstein Tim Dunn Domingo DeGrazia Andrea Dalessandro David Cook Regina Cobb Cesar Chavez Joseph Chaplik Frank Carroll Andres Cano Kelli Butler Judy Burges Rusty Bowers Shawnna Bolick Reginald Bolding Walt Blackman Leo Biasiucci Brenda Barton Richard Andrade 0 10 20 30 40 50 60 70 80

Filed into Law 2021 Prime

CHART E 2021 All Senate Bills Introduced by Legislators and Signed into Law

Michelle Ugenti-Rita

Kelly Townsend

Victoria Steele

T.J. Shope

Wendy Rogers

Rebecca Rios

Martin Quezada

Warren Petersen

Jamescita Peshlakai

Tyler Pace

Lisa Otondo

Tony Navarrete

J.D. Mesnard

Juan Mendez

Christine Marsh

David Livingston

Vince Leach

Sine Kerr

Rick Gray

David Gowan

Sally Ann Gonzales

Rosanna Gabaldon

Karen Fann

Kirsten Engel

Lupe Chavira Contreras

Paul Boyer

Sean Bowie

Sonny Borrelli

Nancy Barto

Lela Alston

0 10 20 30 40 50 60 70 80 90 100

Filed into Law 2021 Prime

Arizona Criminal Justice Commission 2021 Legislative Report

The first session of the 55th Arizona State Legislature was the first full session under the COVID-19 pandemic (insert when session is called). There were 1,711 bills posted, many of which were re-runs of bills that were affected by the shortened previous session. Of the 1,711 bills posted, The Arizona Criminal Justice Commission (ACJC) tracked more than 100 bills that affected the criminal justice system. The following outlines the primary bills that directly impacted our stakeholders and Commission member’s agencies.

ACJC Priority Legislation

The following bills were run by The Arizona Criminal Justice Commission with collaboration from sponsors to address and reform criminal justice through: data collection, membership representation and fiscal management.

H2166 (Chapter 101): CRIMINAL JUSTICE COMMISSION; DATA COLLECTION The Arizona Criminal Justice Commission is authorized, unless prohibited by federal or state law, to require any state or local "criminal justice agency" (defined elsewhere in statute) to submit any necessary information that is currently collected and readily reportable by the criminal justice agency at the time of the request. The Commission is required to conduct a comprehensive survey of data contained in criminal justice records systems housed at local and state criminal justice agencies in order to create a state criminal justice data inventory report identifying what data is housed at each type of agency. By August 1, 2022, the Commission is required to submit the inventory report to the Governor and the Legislature and make the report available on its website. Information that must be included in the report is specified. Contains a legislative intent section. AS SIGNED BY GOVERNOR

Last Step: 3/24 signed by governor; Chap. 101, Laws 2021 ARS Titles Affected: 41 First sponsor: Rep. Blackman (R - Dist 6)

H2158 (Chapter 258): PROTECTIVE ORDERS; CENTRAL REPOSITORY; NOTIFICATION The Supreme Court is required to maintain a central repository for orders of protection and injunctions against harassment (central repository). Within 24 hours after the affidavit, declaration, acceptance or return of service has been filed, excluding weekends and holidays, the court from which the order or injunction was issued is required to enter the filing into the central repository. The Supreme Court is required to transmit copies of the order and proof of service from the central repository to the sheriff of the county where the court is located, and the sheriff is required to register the order of protection or injunction with the National Crime Information Center. AS SIGNED BY GOVERNOR.

Last Step: 4/20 Signed by governor. Chap. 258, Laws 2021. ARS Titles Affected: 12 13 First sponsor: Rep. Kavanagh (R - Dist 23)

H2260 ARIZONA CRIMINAL JUSTICE COMMISSION; MEMBERSHIP Increases the number of members of the Arizona Criminal Justice Commission to 18 members by adding one person who leads an indigent defense agency, one person who leads a private nonprofit juvenile justice organization, one licensed psychiatrist or psychologist with experience working in the criminal justice system, and one victim advocate, all of whom are appointed by the Governor. FAILED.

Last step: 3/9 from Senate rules okay. ARS Titles Affected: 41 First sponsor: Rep. Blackman (R - Dist 6)

Bills that Place a Requirement on ACJC

HB2168 (Chapter 290): USE OF FORCE; ANALYSIS Law enforcement agencies are required to collect and report "use-of-force incidents" (defined) involving law enforcement officers to the Arizona Criminal Justice Commission beginning January 1, 2022 and at least annually after. The Commission is required to establish procedures governing the collection and reporting of use-of-force incident data that are consistent with the requirements of the "national use-of-force data collection" (defined) established by the Federal Bureau of Investigation. The Commission is required to publish the data reported during the immediate past year beginning March 1, 2023 and by March 1 of each year after, in a publicly available database. By January 1, 2025, the Commission is required to conduct an analysis of law enforcement agency use-of-force rates and release the analysis to the public. The Commission is required to update this analysis at least once every five years. Effective January 1, 2022. AS SIGNED BY GOVERNOR

Last Step: 4/28 Signed by governor. Chap. 290, Laws 2021. ARS Titles Affected: 38 First sponsor: Rep. Blackman (R - Dist 6)

Bills that List ACJC as the Fiscal Agent

H2189 COORDINATED REENTRY PLANNING SERVICES PROGRAMS Counties are authorized to establish a coordinated reentry planning services program within a county jail for the purpose of screening and assessing persons who are booked into the jail and connecting those persons with behavioral health and substance use disorder treatment providers at the earliest possible stage in the criminal justice process. Elements that must be included in the program are specified. The county is required to establish a committee to develop the program's policies and procedures, and stakeholders that must be represented on the committee are listed. Appropriates $8 million from the general fund in FY 2021-22 and $7 million from the general fund in each of FY 2022-23 and FY2023-24 to the newly established Coordinated Reentry Planning Services Program Fund for the program. Appropriates $8 million from the Fund in FY 2021-22 and $7 million from the Fund in each of FY 2022-23 and FY2023-24 to a county with a population of up to 1.5 million persons (any county but Maricopa) to establish and operate a coordinated reentry planning services program. Each eligible county is required to receive a proportional share of the monies based on the county's population.

Last Step: 3/17 from the Senate Appropriations do pass. INCLUDED IN THE BUDGET

ARS Titles Affected: 11 First sponsor: Rep. Pratt (R - Dist 8)

Bills Introduced Pertaining to Law Enforcement

H2006 (Chapter 47): SPEED LIMITS; ROADWAY TURN OFF For the purpose of statute prohibiting driving a motor vehicle at such a slow speed as to impede the movement of traffic, "vehicle" is defined as a device in, on or by which a person or property is or may be transported on a public highway. "Vehicle" specifically includes electric bicycles, electric miniature scooters, electric standup scooters, devices moved by human power, personal delivery devices, and personal mobile cargo carrying devices. AS SIGNED BY GOVERNOR

Last Step: 3/18 Signed by governor. Chap. 47, Laws 2021. ARS Titles Affected: 28 First sponsor: Rep. Kavanagh (R - Dist 23)

H2027 (Chapter 304) LEAVING ACCIDENT SCENE; PRIVATE PROPERTY The requirements for the driver of a vehicle involved in an accident to stop, remain at the scene of the accident, give specified information to others, and give reasonable assistance to an injured person are applicable to accidents on public or private property. The criminal classification for violating these requirements and for violating the requirement to take reasonable steps to locate and notify the owner of an unattended vehicle or fixtures or other property adjacent to a highway that the driver struck are increased to a class 1 (highest) misdemeanor, from a class 3 (lowest) misdemeanor. AS SIGNED BY GOVERNOR

Last Step: 4/30 Signed by governor. Chap. 304, Laws 2021. ARS Titles Affected: 28 First sponsor: Rep. Kavanagh (R - Dist 23)

H2066 (Chapter 73): ARREST PROCEDURES; MAGISTRATES If the offense a person is arrested for was committed in another county, the arrested person may be taken before either the nearest or most accessible magistrate in the county in which the arrest occurs or the county where the offense was committed. AS SIGNED BY GOVERNOR.

Last Step: 3/23 Signed by governor; Chap. 73, Laws 2021 ARS Titles Affected: 13 First sponsor: Rep. Roberts (R - Dist 11)

H2115 (Chapter 235): MOTORCYCLE SAFETY FUND; CONTINUATION The Department of Transportation is required to deposit $1 of each motorcycle registration fee collected in the Motorcycle Safety Fund through June 30, 2025, instead of through June 30, 2021. AS SIGNED BY GOVERNOR

Last Step: 4/16 Signed by governor; Chap. 235, Laws 2021 ARS Titles Affected: 28 First sponsor: Rep. Bolick (R - Dist 20)

H2295 (Chapter 336): LAW ENFORCEMENT OFFICERS; DATABASE; RULES A "prosecuting agency" (defined) is prohibited from placing a law enforcement officer's name in a "rule 15.1 database" (defined) unless the officer is given at least 10 days prior written notice by mail or email to the officer's current or last known employment address. Information that must be included in the written notice is listed, including information on the right to request reconsideration of the allegations and placement in the database. If an officer submits a request for reconsideration, and the reconsideration is approved on its merits, the officer's name must be removed from the database. A prosecuting agency that maintains a rule 15.1 database is required to adopt a policy that includes specified provisions, including the criteria used to place a law enforcement officer's name in the database and the notice requirements of this legislation. A law enforcement agency is prohibited from using the placement of an officer's name in a rule 15.1 database as the sole reason for taking a list of employment actions against the officer. AS SIGNED BY GOVERNOR

Last Step: 5/7 Signed by governor; Chap. 336, Laws 2021 ARS Titles Affected: 38 First sponsor: Rep. Payne (R - Dist 21)

H2810 (Chapter 327): CIVIL ASSET FORFEITURE; CONVICTION PROCEDURES The list of property subject to seizure and forfeiture is modified to require the proceeds to be traceable to an offense that resulted in a criminal conviction. Property is subject to forfeiture only if the owner is convicted of an offense to which forfeiture applies and the state establishes by clear and convincing evidence that the property is subject to forfeiture. The state is prohibited from proceeding with further forfeiture proceedings before a criminal conviction for an offense to which forfeiture applies unless no timely claims for the seized property were filed or the court waived the conviction requirement. After a person is convicted of an offense for which forfeiture applies, the court may order the person to forfeit property acquired through the commission of the offense, property directly traceable to property acquired through the commission of the offense, and property the person used in the commission of the offense or to facilitate the offense. Establishes circumstances under which the court is allowed to waive the conviction requirement. Does not prevent property from being forfeited by the terms of a plea agreement. A person who claims to be an innocent owner has the burden of production to show that the person either held a legal right, title or interest in the property seized at the time the illegal conduct occurred, or acquired as a bona fide purchaser a legal right, title or interest in the property after the commission of the crime. All property seized by a law enforcement agency at any time must be returned to the owner, if known, within ten business days after the property's seizure unless the owner has been arrested and charged with a criminal offense subject to forfeiture, the property is sought to be used as evidence, it is illegal for the owner to possess the property, or the property was seized for forfeiture. Within 60 days after making a seizure for forfeiture, the state is required to file a notice of pending

forfeiture proceeding or return the property to the person from whom it was seized. Establishes requirements for serving the notice of pending forfeiture. Allows an owner of the property to file a claim against the property at any time within 60 days after the notice or 60 days before a criminal trial, whichever is later. Beginning August 28, 2024, the Attorney General is prohibited from using monies from the Anti-Racketeering Revolving Fund to pay salaries for full-time equivalent positions. Statutes governing various forfeiture proceedings are repealed and replaced. AS SIGNED BY GOVERNOR. In his signing statement, the Governor stated that this legislation balances personal rights and property with ensuring law enforcement has the tools necessary to protect the state.

Last Step: 5/5 Signed by governor; Chap. 327, Laws 2021 ARS Titles Affected: 13, 41 First sponsor: Rep. Grantham (R - Dist 12)

S1832 (Chapter 385): RESTRICTED LICENSE; DUI; SUSPENSION The penalty for reckless driving, aggressive driving, or racing on highways when the person has a previous violation of any of these or driving under the influence violation within the previous 24 months is modified to require the Arizona Department of Transportation (ADOT) to suspend the person’s driving privilege for one year, instead of revoke the person’s driving privilege. After 45 days of the suspension period, a person whose driving privilege is suspended under these circumstances is authorized to apply to ADOT for a restricted driver license that allows the person to operate a motor vehicle subject to specified restrictions. If a driving under the influence breath test is administered, a law enforcement agency is required to forward the certified report to ADOT within 30 days after the arrest occurred, and if a sample of blood, urine or other bodily substance is obtained, the law enforcement agency is required to forward the certified report to ADOT within 30 days after the date the report of the analysis was provided to the agency. AS SIGNED BY GOVERNOR

Last Step: 6/29 Signed by governor; Chap. 385, Laws 2021 ARS Titles Affected: 28 First sponsor: Sen. Fann (R - Dist 1)

Bills Pertaining to Firearms

H2111 (Chapter 182): 2ND AMENDMENT; UNENFORCEABLE FEDERAL LAWS Pursuant to the sovereign authority of the state of Arizona and the state Constitution, this state and all political subdivisions are prohibited from using any personnel or financial resources to enforce, administer or cooperate with any act, law, treaty, order, rule or regulation of the U.S. government that inconsistent with any Arizona law regarding the regulation of firearms. AS SIGNED BY GOVERNOR

Final Step: 4/6 signed by governor. Chap. 182, Laws 2021. ARS Titles Affected: 1 First sponsor: Rep. Biasiucci (R - Dist 5)

Bills Introduced Pertaining to the Administrative Office of the Courts

H2067 (Chapter 159): CRIMINAL CONVICTION; SET ASIDE; APPLICABILITY If the court grants an application to set aside the judgment of guilt, the court's order is required to include a certificate of second chance if the person has not previously received a certificate and the person was convicted of a misdemeanor, of a class 4, 5, or 6 (three lowest) felony and at least two years have elapsed since the person fulfilled the conditions of probation or sentence, or of a class 2 (second highest) or 3 (upper mid-level) felony and at least five years have elapsed since the person fulfilled the conditions of probation or sentence. A certificate of second chance releases the person from all barriers to obtain an occupational license if the person is otherwise qualified, with some exceptions, and releases an employer from liability for negligently hiring the person and a person or entity from liability for providing housing to the person if the liability is based on the existence of the person's prior criminal offense. AS SIGNED BY GOVERNOR

Last Step: 4/1 signed by governor; Chap. 159, Laws 2021. ARS Titles Affected: 13 First sponsor: Rep. Roberts (R - Dist 11)

H2073 (Chapter 96): RECORDS; CONFIDENTIALITY; ELIGIBLE INDIVIDUALS For the purpose of statute allowing eligible persons to file an affidavit to request county officers and state agencies prohibit access to that person’s information contained in certain public records, the definition of "eligible person" is expanded to include former county attorneys, former municipal prosecutors, former attorneys general, former U.S. Attorneys, commissioners of the municipal court, hearing officers appointed for civil traffic violations, and members of the Commission on Appellate Court Appointments. Persons whose residential address is protected from public disclosure are not required to disclose their address when making campaign contributions and are instead required to provide an alternate mailing address. AS SIGNED BY GOVERNOR

Last Step: 3/24 signed by governor; Chap. 96, Laws 2021. ARS Titles Affected: 11 13 16 28 39 First sponsor: Rep. Pratt (R - Dist 8)

H2075 (Chapter 74): SENTENCING; JUDGMENT OF GUILT; FINGERPRINTS The court must require either that a defendant's fingerprint be permanently affixed to a court document or order, or that the defendant's two fingerprint biometric-based identifier by obtained and recorded, and is no longer required to affix or obtain and record a defendant's fingerprint "at the time of sentencing and in open court." AS SIGNED BY GOVERNOR

3/23 Signed by governor; Chap. 74, Laws 2021. ARS Titles Affected: 13 First sponsor: Rep. Pratt (R - Dist 8)

H2110 (Chapter 288): CIVIL PENALTIES; TRAFFIC; MITIGATION; RESTITUTION If a "monetary obligation" (defined) is imposed on a person at sentencing, the court is authorized to order the person to perform community restitution in lieu of the payment of the monetary obligation. The court is required to credit any community restitution performed at a rate equal to the state minimum wage, rounded up to the nearest dollar. AS SIGNED BY GOVERNOR

Last Step: 4/28 Signed by governor; Chap. 288, Laws 2021 ARS Titles Affected: 28 First sponsor: Rep. Biassiucci (R - Dist 5)

H2130: INTENSIVE PROBATION; REQUIREMENTS; MODIFICATIONS Various changes to statues relating to intensive probation, including modifying the definition of "intensive probation" to emphasize individualized interventions. The court is only authorized to grant intensive probation to a person with high risk and high need who is eligible for a grant of probation. The conditions imposed on the offender in order to participate in intensive probation are modified to add paying monetary obligations imposed by the court and remove residence requirements and the requirement for the offender to complete 40 hours of community restitution each month. If the court finds that the person has committed a violation of a condition of intensive probation that posed a serious threat or danger to the community, the court is required to revoke the grant of intensive probation and impose a term of imprisonment as authorized by law. AS SIGNED BY GOVERNOR.

ARS Titles Affected: 13 First sponsor: Rep. Blackman (R - Dist 6)

H2162 (Chapter 192): UNDESIGNATED OFFENSES; MISDEMEANOR STATUS; EXCEPTIONS An undesignated felony offense must be treated as a misdemeanor until the court enters an order designating it a misdemeanor or felony, instead of being required to be treated as a felony until the court enters an order designating it a misdemeanor. Some exceptions. On the person's "successful" (defined) fulfillment of the conditions of probation and discharge by the court, the court is required to designate an undesignated offense a misdemeanor. Does not apply to a person who owes victim restitution or who has willfully failed to pay a monetary obligation ordered by the court. AS SIGNED BY GOVERNOR.

Last Step: 4/9 Signed by the governor. Chap. no. awaited. ARS Titles Affected: 13 First sponsor: Rep. Blackman (R - Dist 6)

H2171: MARIJUANA VIOLATIONS; COURT JURISDICTION; PROCEDURES Establishes a new chapter in Title 22 (Justice and Municipal Courts) governing civil marijuana violations. Grants the justice court and municipal court jurisdiction of civil marijuana violation cases. Grants the juvenile court jurisdiction over civil marijuana violations that are committed by persons who are under 18 years of age. A civil marijuana violation case may be commenced by issuance or filing of a uniform traffic ticket and complaint issued by a peace officer. The process for issuing a complaint of a civil marijuana violation is established. Peace officers are authorized to stop and detain a person as is reasonably necessary to investigate an actual or suspected violation of marijuana statutes and to serve a copy of the complaint for an alleged civil violation. Emergency clause. AS SIGNED BY GOVERNOR.

ARS Titles Affected: 8 13 22 First sponsor: Rep. Blackman (R - Dist 6)

S1166 (Chapter 240): JUVENILE COURT DISPOSITIONS Modifies statute governing when the juvenile court retains jurisdiction over a juvenile who is 17 years of age until the juvenile's 19th birthday. The notice of intent to retain jurisdiction must be filed at any time before an adjudication hearing or proceeding in which a juvenile is admitting to an allegation. The juvenile court's jurisdiction is retained on the filing of the notice of intent. The purposes for which the juvenile court retains jurisdiction after the juvenile's 18th birthday are expanded to include modifying an outstanding monetary obligation imposed by the juvenile court, except for victim restitution. Modifies the written notices that the court is required to provide to a juvenile adjudicated as a first time felony juvenile offender or a repeat felony juvenile offender. AS SIGNED BY GOVERNOR.

Last Step: 4/16 signed by governor. Chap. 240, Laws 2021. ARS Titles Affected: 8, 41 First sponsor: Sen. Petersen (R - Dist 12)

S1249 (Chapter 209): CONVICTION; SET ASIDE; TRAFFIC VIOLATIONS Traffic violations are no longer excluded from statute allowing a person convicted of a criminal offense to apply to the court to have the judgment of guilt set aside on fulfillment of the conditions of probation or sentence and discharge by the court. AS SIGNED BY GOVERNOR.

Last Step: 4/9 signed by governor. Chap. 209, Laws 2021 ARS Titles Affected: 13 First sponsor: Sen. Petersen (R - Dist 12)

Bills Pertaining to Prosecutors

H2178 (Chapter 102): THEFT BY EXTORTION; DEFENSE It is a defense to prosecution to theft by extortion by knowingly obtaining or seeking to obtain property or services by means of a threat to bring criminal charges, expose a secret or take or withhold action as a public servant that a reasonable person would believe that the property or services were obtained or sought to be obtained by the threat of a reasonable action, instead of that the property was lawfully claimed as compensation, restitution or indemnification. AS SIGNED BY GOVERNOR

Last Step: 3/24 signed by governor; Chap. 102, Laws 2021. ARS Titles Affected: 13 First sponsor: Rep. Pratt (R - Dist 8)

H2186 (Chapter 103): PROSECUTION; DEFERRED; DIVERTED The county attorney is no longer prohibited from diverting or deferring the prosecution of a person who has been previously convicted of a serious offense, a sexual offense, a dangerous offense, or a dangerous crime against children, or who has been convicted three or more times of either personal

possession of a controlled substance or personal possession of drug paraphernalia. AS SIGNED BY GOVERNOR

Last Step: 3/24 signed by governor; Chap. 103, Laws 2021 ARS Titles Affected: 11 First sponsor: Rep. Pratt (R - Dist 8)

Bills Introduced Pertaining to Department of Corrections

S1064: EARNED RELEASE; CREDITS; PRISONERS Every prisoner who is in an earned release credit class is allowed an earned release credit. The earned release credit is three days for every seven days if the following apply: 1) the prisoner has been sentenced for possession or use of marijuana, a dangerous drug or a narcotic drug; 2) the prisoner has completed a drug treatment or self-improvement program during their imprisonment; and 3) the prisoner has not been previously convicted of a violent or aggravated felony.

Last Step: 6/28 approved in House with Amendment (still may be signed into law). ARS Titles Affected: 32 First sponsor: Rep. Blackman (R - Dist 6)

S1067 (Chapter 173): PRISONERS; DISCHARGE; TRANSITION PROGRAM Retroactive to July 1, 2020, the statutory termination date for the Department of Corrections Transition Program is extended ten years to July 1, 2030. Effective October 1, 2021, eligibility criteria for the Program is modified to allow inmates convicted of assault, aggravated assault or robbery to participate if other eligibility criteria are met. AS SIGNED BY GOVERNOR

Last Step: 4/5 signed by governor. Chap. 173, Laws 2021. ARS Titles Affected: 31 First sponsor: Sen. Barto (R - Dist 15)

S1849 (Chapter 400): PRISONERS; TRAINING; INDIVIDUALS CERTIFICATES On request of a female inmate, the Arizona Department of Corrections (ADC) is required to provide female inmates with a sufficient supply of "feminine hygiene products" (defined) and is prohibited from charging female inmates for feminine hygiene products. To the greatest extent possible and after accounting for security and capacity factors, ADC is required to place a prisoner who is a parent of a minor child in a prison facility that is located within 250 miles of the prisoner's permanent address on record. ADC is required to adopt rules that authorize a prisoner who is a parent of a minor child and who is classified as a low or minimum security risk to be visited by the minor child, and the rules must include specified provisions. ADC is required to adopt rules that limit a male correctional officer from conducting an inspection or search of a female prisoner who is in a "state of undress" (defined), with some exceptions. Except for licensed health professionals, correctional employees are prohibited from conducting a body cavity search on a pregnant prisoner unless the employee has a reasonable belief that the prisoner is concealing contraband. A correctional institution is required to ensure that a pregnant prisoner is provided sufficient food and dietary supplements when ordered by the attending medical staff or a nutritionist. Establishes requirements for hygiene and nutritional products and housing for a prisoner who gives birth. A correctional institution is required to allow a newborn baby to

remain with the mother for 72 hours following the delivery unless the attending medical staff has a reasonable belief that doing so poses a health or safety risk to the baby. ADC is required to provide all correctional employees who have contact with pregnant prisoners with training related to the care of a pregnant woman, and to provide all pregnant prisoners with a list of educational programming related to prenatal care and parenting. Last Step: 6/30 signed by governor. Chap. 400, Laws 2021. ARS Titles Affected: 31 First sponsor: Sen. Navarrete (D-30)

Bills Pertaining to Victims

S1256 (Chapter 40): VICTIMS' PRIVACY; CRIMINAL CASE INFORMATION A victim's identifying and locating information that is obtained, compiled or reported by a law enforcement agency or prosecution agency must be redacted from records pertaining to the criminal case involving the victim, including discovery disclosed to the defendant's attorney or any of the attorney's staff. AS SIGNED BY GOVERNOR

Last Step: 2/26 signed by governor. Chap. 40, Laws 2021 ARS Titles Affected: 13 First sponsor: Sen. Boyer (R - Dist 20)

H2098 (Chapter 364): MISSING CHILDREN; MANDITORY REPORTING A law enforcement agency that receives a report of a missing, kidnapped or runaway child is required, within two hours after receiving the report, to submit specified information to the Arizona Crime Information Center, the National Crime Information Center Computer Networks, and the National Missing and Unidentified Persons System. No later than 30 days after the original entry, the law enforcement agency is required to verify and update the record. A law enforcement agency that receives a report of a missing, kidnapped or runaway child who is in the foster care system is also required to notify the National Center for Missing and Exploited Children. An entry cannot be removed from any database or system until the child is found or the case is closed. AS SIGNED BY GOVERNOR

Last Step: 5/19 signed by governor. Chap. 364, Laws 2021 ARS Titles Affected: 38 First sponsor: Rep. Jermaine (D - Dist 18)

Senate Bills that Failed

● S1006: AGGRAVATED ASSAULT; STRANGULATION; SENTENCING ○ 1/11 referred to the Senate judiciary. ● S1125: BIAS MOTIVATED INTIMIDATION; FIRST RESPONDERS ○ 1/12 referred to the Senate judiciary. ● S1127: VEHICLE SPEED LIMITS ○ 3/23 from House rules okay. ● S1129: PRISONERS; INJURIES; INDUSTRIAL COMMISSION NOTIFICATION ○ 1/13 referred to Senate ● S1171: VICTIMS' RIGHTS ENFORCEMENT FUND; USES ○ 6/28 Failed House 15-43 ● S1233: IMMIGRATION ENFORCEMENT; LIMITS; STATE POLICY ○ 1/20 referred to the Senate judiciary.’ ● S1239: UNAUTHORIZED RACING MEETINGS; PENALTIES; RACKETEERING ○ 2/2 Senate Rules OK ● S1290: CRIMINAL CASE STATISTICS; REPORT; APPROPRIATION ○ 1/25 referred to the Senate judiciary. ● S1305: SEX OFFENDER REGISTRATION; REQUIREMENTS ○ 6/29 Senate concurred in House amendments and passed on final reading 27-2; ready for Governor. ● S1333: LAW ENFORCEMENT; BUDGET REDUCTION; PROHIBITION ○ 2/16 from Senate rules okay. ● S1434: CRIMINAL HISTORY; REQUIRED DISCLOSURE; LIMITATIONS ○ 2/22 from Senate com with amend #4370. ● S1436: POSTSECONDARY INSTITUTIONS; CRIMINAL HISTORY; APPLICATIONS ○ 1/27 referred to Senate education. ● S1489: ARIZONA CRIMINAL JUSTICE COMMISSION; MEMBERSHIP ○ 1/28 referred to the Senate judiciary. ● S1542: PRETRIAL DIVERSION PROGRAM; PRIMARY CAREGIVER ○ 2/1 referred to the Senate judiciary. ● S1586: CRIMINAL JUSTICE RECORDS; REPORTING; PUBLISHING ○ 2/1 referred to Senate Judiciary. ● S1587: CRIMINAL JUSTICE COMMISSION; LEGISLATIVE RECOMMENDATIONS ○ 2/1 referred to the Senate judiciary. ● S1674: CRIMINAL JUSTICE INFORMATION; REPORTING; COLLECTION ○ 2/3 referred to the Senate judiciary. ● S1718: FIREARM SALES; TRANSFERS; BACKGROUND CHECKS ○ 2/3 referred to the Senate judiciary.

● S1745: USE OF FORCE; LAW ENFORCEMENT ○ 2/3 referred to Senate Judiciary. ● S1780: VICTIM COMPENSATION; ASSISTANCE FUND; RULES ○ 2/3 referred to the Senate judiciary.

House Bills that Failed

● H2007: AUTONOMOUS VEHICLES; SAFETY FEATURES; PROHIBITIONS ○ 1/12 referred to House trans. ● H2013: INTERLOCK RESTRICTED LICENSES; VIOLATIONS; REPORTING ○ 2/17 House trans held. ● H2076: COURT FEES; DIGITAL EVIDENCE; STORAGE ○ 3/2 referred to the Senate judiciary. ● H2082: COERCION; THEFT BY EXTORTION ○ 1/14 referred to the House judiciary. ● H2083: SAFETY FEATURES; AUTONOMOUS VEHICLES; PROHIBITIONS ○ 2/18 referred to Senate trans-tech. ● H2084: DUI; MARIJUANA; IMPAIRMENT ○ 1/14 referred to the House judiciary. ● H2097: ACJC; VICTIM COMPENSATION FUND; ALLOCATION ○ 1/20 referred to House Military Affairs & Public Safety. ● H2099: MISSING AND MURDERED INDIGENOUSE PEOPLES ○ 3/24 from Senate Approp Do Pass. ● H2100: MISSING; UNIDENTIFIED PERSON; REPORTING REQUIREMENTS ○ 1/20 referred to House Military Affairs & Public Safety. ● H2118: FURNISHING TOBACCO; MINORS; ENTERPRISE PENALTIES ○ 2/23 referred to Senate com. ● H2141: APPROPRIATIONS; ALTERNATIVE PROSECUTION; DIVISION ○ 4/1 Senate Appropriations Do Pass. ● H2152: POLICE; CAMERA RECORDINGS; REQUIRED REDACTIONS ○ 5/26 Retain on Senate COW Calender ● H2163: PRISONERS; DISCHARGE; TRANSITION PROGRAM ○ 2/18 referred to Senate appropriations. ● H2164: COORDINATED REENTRY PLANNING SERVICES PROGRAMS ○ 2/3 House criminal justice reform held. ● H2165: PRISONERS; ELIGIBILITY ○ 2/23 referred to the Senate judiciary. ● H2182: RAPID DNA TESTING; APPROPRIATION

○ 2/4 from House appro with amend #4117. ● H2260: ARIZONA CRIMINAL JUSTICE COMMISSION; MEMBERSHIP ○ 3/9 Senate Rules OK ● H2309: VIOLENT; DISORDERLY ASSEMBLY; PUBLIC ORDER ○ 4/20 Senate Rules OK ● H2366: CRIMINAL SPEEDING ○ 3/23 Senate Rules OK ● H2401: JUVENILE DEPENDENCY; STATE AID; APPROPRIATION ○ 3/17 Senate Appropriations Do Pass. ● H2414: MARIJUANA; INSPECTIONS; LICENSE RENEWAL ○ 5/28 VOTOED ● H2415: MARIJUANA; PUBLIC CONSUMPTION; VAPING; PROHIBITED ○ 3/17 Senate hel-hu services held. ● H2420: LAW ENFORCEMENT; PROSECUTION GRANTS; ACCEPTANCE (LAW ENFORCEMENT BUDGET; REDUCTION; CERTIFICATION) ○ House COW approved with amend #4409. NOTE SHORT TITLE CHANGE. FAILED House 27-33. ● H2428: VICTIMS' PRIVACY; CRIMINAL CASE INFORMATION ○ 2/2 from House rules okay. ● H2448: FIREARM PURCHASES; WAITING PERIOD; OFFENSE ○ 2/2 referred to the House judiciary. ● H2449: FIREARM SALES; TRANSFERS; BACKGROUND CHECKS ○ 2/1 referred to the House judiciary. ● H2451: SEVERE THREAT ORDER OF PROTECTION ○ 2/2 referred to the House judiciary. ● H2452: PROHIBITED WEAPON; BUMP-FIRE DEVICE; ACCESSORY ○ 2/2 referred to the House judiciary. ● H2453: FIREARM SALES; PERMIT VERIFICATION; REQUIREMENTS ○ 2/2 referred to House judiciary, Appropriations. ● H2465: SEARCH WARRANTS; PROCEDURES; NOTIFICATIONS ○ 5/24 Referred to House Rules OK ● H2491: WRONGFUL ARREST; RECORD CLEARANCE ○ 5/26 Senate COW Approved with Floor Amendment #5164 ● H2495: MEMBERSHIP; ARIZONA CRIMINAL JUSTICE COMMISSION ○ 2/1 referred to the House judiciary. ● H2514: SMOKING REGULATION; ELECTRONIC SMOKING DEVICES ○ 1/28 referred to House hel-hu ser, com. ● H2551: MISCONDUCT INVOLVING WEAPONS; PUBLIC PLACES ○ 3/22 Senate Jud Do Pass

● H2558: SENTENCING; HISTORICAL PRIOR FELONY CONVICTIONS ○ 2/2 referred to House Criminal Justice Reform. ● H2581: FIREARMS DEALERS; FIREARMS TRANSFERS; REQUIREMENTS ○ 2/2 referred to the House judiciary. ● H2582: FIREARM; AMMUNITION STORAGE; CIVIL PENALTY ○ 2/2 referred to the House judiciary. ● H2583: FIREARM TRANSFERS; DOMESTIC VIOLENCE OFFENSES ○ 2/1 referred to the House judiciary. ● H2586: PEACE OFFICERS; CAMERAS; RECORDINGS; DISCLOSURES ○ 1/28 referred to House Military Affairs & Public Safety. ● H2591: PEACE OFFICERS; LIABILITY; UNLAWFUL ACT ○ 2/2 referred to House judiciary, Military Affairs & Public Safety. ● H2599: JAIL; HOME CONFINEMENT ELECTRONIC MONITORING ○ 2/1 referred to House criminal justice reform. ● H2600: SEXUAL ASSAULT SURVIVORS; RIGHTS ○ 5/24 Referred to House Rules ● H2601: SENTENCING; CREDIT; ELECTRONIC MONITORING ○ 3/30 Senate Rules OK ● H2603: PRETRIAL DIVERSION PROGRAM; REQUIREMENTS; APPROPRIATION ○ 1/28 referred to House Criminal Justice Reform, Appropriations ● H2605: MEDICAL MARIJUANA; TESTING ○ PASSED CONFERENCE COMMITTEE ● H2610: CRIME REPORTING; GENDER IDENTITY ○ 1/28 referred to House Military Affairs & Public Safety. ● H2646: FIREARM TRANSFERS; DOMESTIC VIOLENCE OFFENSES ○ 2/1 referred to the House judiciary. ● H2673: MANDATORY MINIMUM SENTENCES; JUDICIAL DISCRETION ○ 2/18 referred to the Senate judiciary. ● H2680: PRISONERS; RELEASE CREDITS ○ 5/24 referred to House rules only. ● H2707: PROBATION FAILTURE REDUCTION INCENTIVE PAYMENTS ○ 3/10 Senate Approp with Amendment #4808 ● H2775: PRISONERS; EARNED RELEASE; CREDITS ○ 2/18 from House Criminal Justice Reform do pass. ● H2843: CHEMICAL AGENTS; PROHIBITED USES; POLICE ○ 2/10 referred to House Mil-Pub Safety. ● H2856: ARIZONA CRIMINAL JUSTICE COMMISSION; MEMBERSHIP ○ 2/10 referred to the House judiciary. ● H2856: ARIZONA CRIMINAL JUSTICE COMMISSION; MEMBERSHIP

○ 2/10 referred to the House judiciary. ● H2843: CHEMICAL AGENTS; PROHIBITED USES; POLICE ○ 2/10 referred to House Military Affairs & Public Safety. ● H2849: SEXUAL ASSAULT SURVIVORS; RIGHTS ○ 2/10 referred to the House judiciary.

26 Arizona Criminal Justice Commission

1110 W. Washington, Suite 230 Phoenix, AZ 85007 Phone: 602-364-1147 Fax: 602-364-1175