REVISED 8-21-2019

ACJC 2019 January 14, 2019 - May 28, 2019 Legislative Session 54th Legislature 1 Summary st 1 Regular1 Session Bills Introduced: 1,318 Bills Tracked: 145 ARIZONA CRIMINAL JUSTICE COMMISSION

Chairperson: SHEILA POLK, Yavapai County Attorney

Vice-Chairperson: JOE R. BRUGMAN, Chief Safford Police Department

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

GREG MENGARELLI SEAN DUGGAN, Chief BILL MONTGOMERY Mayor, City of Prescott Chandler Police Department Maricopa County Attorney

MARK NAPIER FRANK MILSTEAD, Director CHARLES RYAN, Director Pima County Sheriff Department of Public Safety Department of Corrections

DAVID SANDERS PAUL PENZONE STEVE STAHL, Chief Pima County Chief Probation Officer Maricopa County Sheriff City of Maricopa Police Department

STEVE WILLIAMS DANIEL SHARP, Chief C.T. WRIGHT, Chairperson Navajo County Supervisor Oro Valley Police Department Board of Executive Clemency

Sheriff ANDREW T. LEFEVRE Retired Judge Vacant Executive Director Vacant

MOLLY E. EDWARDS PIO/Legislative Liaison

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Table of Contents

About the Arizona Criminal Justice Commission……………………………………………………………………………… 4

Executive Summary …………………………………………………………………………………………………………………………5

ACJC Priority Legislation …………………………………………………………………………………………………………………10

Bills Introduced Pertaining to Regulating Distracted Driving/Traffic Violations ………………………………11

Bills Introduced Pertaining to Criminal Justice System Reform ………………………………………………………12

Bills Introduced Pertaining to Corrections ……………………………………………………………………………………..13

Bills Introduced Pertaining to the Court System …………………………………………………………………………….14

Bills Introduced Pertaining to Law Enforcement ……………………………………………………………………………16

Bills Introduced Pertaining to Criminal Histories ……………………………………………………………………………18

Bills Introduced Pertaining to Criminal Penalties ……………………………………………………………………………19

Bills Introduced Pertaining to Substance Abuse …………………………………………………………………………….20

Bills Introduced Pertaining to Crime Victims ………………………………………………………………………………….21

Bills Introduced Pertaining to Repeal/Change Current Laws ………………………………………………………….22

Bills that Failed ………………………………………………………………………………………………………………………………23

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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 comprised 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.

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Executive Summary The first regular session of the 54th Arizona State Legislature ran 134 days with sine die occurring at 12:58 AM on May 28, 2019. There were a total of 1,318 bills introduced and 100 resolutions introduced. Governor Ducey signed 320 bills into law and 11 were vetoed. The Arizona Criminal Justice Commission (ACJC) tracked 145 bills that affected the criminal justice system overall. Of the 145 bills that ACJC tracked, 36 were successfully signed into law.

The session began with the Governor’s State of State address in which he outlined key themes he wished to see the legislature focus on. These themes are as follows:  Securing water  Removing unnecessary laws  Revoking legislative immunity  School Safety  Education/pay raises for teachers  Universal recognition for all occupational licenses  Protecting public safety/reducing prison population  Reducing unemployment  Rebuilding the rainy-day fund  Securing the Arizona border Of the bills introduced this session, the primary Arizona Revised Statutes (ARS) categories with the most bills were:

 Title 13- Criminal Code  Title 15 – Education  Title 28 - Transportation  Title 36 – Public Health  Title 41- State Government

Even though these were the primary categories that the Governor signed bills into law, more robust laws were passed in Public Officers and Employees. Of the 320 bills the Governor signed, the primary ARS categories with the most bills were:  Title 15- Education  Title 20 - Insurance  Title 28- Transportation  Title 32- Profession and Occupation  Title 36 - Public Health and Safety  Title 41- State Government  Title 42 - Taxation

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This tells us that the legislature’s priorities closely matched those of the Governors priorities. The legislature this session was comprised of the following make up: Republicans Democrats House 31 29 Senate 17 13

Bills ACJC Tracked Analyzing the ACJC tracked criminal justice bills that were signed into law, the chart below shows who were the primary sponsors of those bills. Additionally, ACJC tracked bills in the following ARS Categories: Title 8, 9 , 12, 13, 15, 16, 28, 31, 36, 39, and 41.

2019 Bills ACJC tracked that were signed by Governor

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5

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Total ACJC Bills Tracked/Total ACJC Bills Tracked and Signed into Law

Total ACJC Bills Signed

Total Bills Tracked

0 20 40 60 80 100 120 140 160

Series1

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All Bills Introduced by the Prime Sponsor and the # Signed into Law

2019 ALL Senate Bills Introduced by the Sponsor and the #signed into law

Michelle Ugenti-Rita Martin Quezada J.D. Mesnard David Livingston Rick Gray David Farnsworth Kate Brophy McGee David Bradley

0 10 20 30 40 50 60 70 80

Filed into Law Prime

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2019 All House Bills Introduced by Democrats and signed by Governor

Myron Tsosie

Raquel Terán

Arlando Teller

Lorenzo Sierra

Amish Shah

Athena Salman

Diego Rodriguez

Pamela Powers Hannley

Gerae Peten

Jennifer Pawlik

Robert Meza

Jennifer Longdon

Aaron Lieberman

Jennifer Jermaine

Alma Hernandez

Daniel Hernandez

Rosanna Gabaldon

Randall Friese

Charlene Fernandez

Diego Espinoza

Mitzi Epstein

Kirsten Engel

Domingo DeGrazia

Cesar Chavez

Andrés Cano

Kelli Butler

Reginald Bolding

Isela Blanc

Richard Andrade

0 5 10 15 20 25

Filed into Law Prime

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2019 All House Bills Introduced by Republicans and signed by Governor

Jeff Weninger

Michelle Udall

Kelly Townsend

Ben Toma

Bob Thorpe

David Stringer

TJ Shope

Bret Roberts

Tony Rivero

Steve Pierce

Warren Petersen

Kevin Payne

Joanne Osborne

Becky Nutt

Jay Lawrence

Anthony Kern

John Kavanagh

Gail Griffin

Travis Grantham

Mark Finchem

John Fillmore

Tim Dunn

David Cook

Regina Cobb

Frank Carroll

Noel Campbell

Rusty Bowers

Shawnna Bolick

Walt Blackman

Leo Biasiucci

Nancy Barto

John Allen

0 5 10 15 20 25 30 35 40 45

Filed into Law Prime 9

ACJC Priority Legislation The following is legislation that the ACJA deemed a priority in the list of already tracked items.

Overview of SB1250 Senate Bill 1250 (Injunction against Harassment; Sexual Violence) sponsored by Senator Steele was introduced this session to provide greater protections for victims of sexual assaults in the injunctions against harassment process. The current statute states ARS §15-119, “Instances” (plural) meaning they would have to be a victim of sexual violence more than once to be able to seek protection from the court. The proposed fix to the existing law would only require one instance (instead of two) to seek protection from the courts for that matter. This was a small step but an important one for victims.

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Bills Introduced Pertaining to Regulating Distracted Driving/Traffic Violations This session, ACJC tracked nine bills that regulated distracted driving and traffic violation consequences. Texting while driving bills gained a lot of traction and led to bipartisan bills being introduced to help solve the public safety concern. With the increased amount of traffic violations it brought attention to the consequences and how to handle them fairly. The following is a list of bills signed into law.

HB2005 Traffic Survival School The Department of Transportation is required, instead of allowed, to require a person who is convicted of an offense in another jurisdiction that would be grounds for suspension or revocation of a driver license if committed in Arizona to successfully complete approved traffic survival school. ARS Titles Affected: 28 First Sponsor: Rep. Kavanagh Last Action: 5/6 House concurred in Senate amendments and passed on final reading 37-20; ready for governor.

HB2318 Driving; Wireless Communication Device; Prohibition

Unless the vehicle is parked or stopped, a person is prohibited from operating a motor vehicle on a street or highway if the person physically holds or supports with any part of the person's body a "portable wireless communication device" or "stand-alone electronic device" (both defined), or if the person writes, sends or reads any text-based communication on a portable wireless communication device or stand-alone electronic device. Some exceptions. Some exceptions. Emergency clause. AS SIGNED BY GOVERNOR. ARS Titles Affected: 28 First Sponsor: Rep. Campbell Last Action: 4/22 signed by governor (Chapter 112)

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Bills Introduced Pertaining to Criminal Justice System Reform This session, ACJC tracked 18 bills that were introduced for the purpose of criminal justice reform. These bills affect specific agencies within the criminal justice system, create study committees to inform the Legislature’s decisions pertaining to these criminal justice areas, affected the Arizona Criminal Justice Commission directly, or improve various aspects of the criminal justice system in Arizona. The following is a list of bills signed into law.

HB2080 Civil Rights Restoration; Application; Procedures Statutes governing the restoration of civil rights after felony convictions are repealed and replaced. At the time of sentencing, the court is required to inform a person in writing of the person's right to the restoration of civil rights. AS SIGNED BY GOVERNOR. ARS Titles Affected: 8, 13, and 16 First Sponsor: Rep. J. Allen Last Action: 4/30 signed by Governor (chapter 149)

HB2570 Study Committee; Murdered Indigenous Women Establishes a 21-member Study Committee on Missing and Murdered Indigenous Women and Girls to conduct a comprehensive study to determine how to reduce and end violence against indigenous women and girls in Arizona and review related policies and practices. The Committee is required to submit a report of its activities and recommendations to the Governor and the Legislature by November 1, 2020, and self-repeals October 1, 2021. AS PASSED SENATE. ARS Titles Affected: 41 First Sponsor: Rep. Jermaine Last Action: 5/14 signed by Governor (chapter 232)

SB1314 Death Penalty; Aggravating Circumstances The list of aggravating circumstances that the trier of fact is required to consider in determining whether to impose a sentence of death is modified to remove if the defendant knowingly created a grave risk of death to another person in addition to the person murdered during the commission of the offense, to remove if the offense was committed in a cold, calculated manner without pretense of moral or legal justification, and to remove if the defendant used a "remote stun gun" (defined) in the commission of the offense. AS SIGNED BY GOVERNOR. ARS Titles Affected: 13 First Sponsor: Sen. E. Farnsworth Last Action: 4/10 Signed by Governor (chapter 63)

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Bills Introduced Pertaining to Corrections This session, ACJC tracked 16 bills pertaining to corrections. There was an emphasis on prisoner eligibility for different programs this session with bills that aimed to help the inmates with an early release program. The following is a list of bills signed into law. HB2266 Prisoners; Transition Program; Eligibility

The list of circumstances under which the Department of Corrections is required to exclude an inmate from the transition program is expanded to include if the inmate failed to achieve functional literacy unless the inmate is enrolled in a literacy program, has been classified by the Dept as close or maximum custody as determined by a current and objective risk assessment, or refused enrollment in or was removed for poor behavior from a major self-improvement program within the previous 18 months unless the inmate has subsequently completed the major self-improvement program. ARS Titles Affected: 31 First Sponsor: Rep Payne Last Action: 5/14 Signed by the Governor (chapter 228)

SB1092 AZPOST; Rulemaking Exemption Prisoners; Transition Program; Eligibility The Arizona Peace Officer Standards and Training Board is exempt from the rulemaking requirements of the Administrative Procedures Act for one year after the effective date of this legislation, for the purposes of adopting a rule related to the minimum age requirement for a correctional officer employed by the Department of Corrections. Emergency clause. AS SIGNED BY GOVERNOR. ARS Titles Affected: 31 First Sponsor: Sen. Livingston Last Action: 4/12 Signed by the Governor (chapter 93)

SB1093 Prisoner Accounts; Use; ADOT Credentialing Before a prisoner's discharge from the Department of Corrections, the Dept. is authorized to withdraw from the prisoner's spendable account any applicable fees for the issuance of either a driver license or non-operating identification license to the prisoner, if eligible. AS SIGNED BY GOVERNOR. ARS Titles Affected: 31 First Sponsor: Sen. Livingston Last Action: 3/22 Signed by the Governor (chapter 16)

SB1310 Earned Release Credits; Drug Offenses For prisoners who are in the eligible earned release credit class, the earned release credit is increased to three days for every seven days served, from one day for every six days served, for prisoners sentenced to a term of imprisonment for the possession or use of marijuana or a dangerous drug or narcotic drug or the possession of drug paraphernalia who have successfully completed a drug treatment program and have not previously been convicted of a violent or aggravated felony. ARS Titles Affected: 41 First Sponsor: Sen. E. Farnsworth Last Action: 6/7 Signed by the Governor (chapter 310)

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Bills Introduced Pertaining to the Court System This session, ACJC tracked 21 bills pertaining to the Arizona court system. The following is a list of bills signed into law. HB2053 Competency Evaluations; Reports If a mental health examiner determines that a defendant is competent to stand trial due to ongoing treatment with psychotropic medication, the court is authorized, in its discretion, to appoint a mental health expert who is a physician to address the necessity of continuing that treatment and any limitations that the medication may have on competency, and the expert's report is no longer required to address those issues. ARS Titles Affected: 13 First Sponsor: Rep. Allen Last Action: 4/11 Signed by the Governor (chapter 71)

HB2055 Juvenile Court; Jurisdiction; Undesignated Felony The juvenile court is required to retain jurisdiction after a juvenile's 18th birthday for the purpose of designating an undesignated felony offense as a misdemeanor or felony, including after an adjudication is set aside. AS SIGNED BY GOVERNOR. ARS Titles Affected: 8 First Sponsor: Rep. Allen Last Action: 4/24 Signed by the Governor (chapter 125)

HB2265 Defensive Driving Schools; Course Curriculum

The Supreme Court must require each defensive driving school to submit to the Supreme Court the school's future schedule of classroom defensive driving courses, including the dates, start and end times, instructors' names and location for each course. Each scheduled defensive driving school class is required to admit only students who are registered with that school. ARS Titles Affected: 28 First Sponsor: Rep Payne Last Action: 6/7 Signed by the Governor (Chapter 287)

HB2480 Setting Aside Judgment; Felony Offense Misdemeanor offenses in which the victim is a minor under 15 years of age are no longer ineligible 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. ARS Titles Affected: 13 First Sponsor: Rep. Bowers Last Action: Signed by the Governor (chapter 244)

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HB2602 Multiple Sentences for Imprisonment If multiple sentences of imprisonment are imposed on a person at the same time, the sentence or sentences imposed by the court are permitted to run consecutively or concurrently, as determined by the court. Previously, multiple sentences were required to run consecutively unless the court expressly directed otherwise. ARS Titles Affected: 13 First Sponsor: Rep. Finchem Last Action: 5/7 Signed by the Governor (chapter 179)

SB1250 Injunction against Harassment; Sexual Violence Sexual Assault Protective Order For the purpose of statute governing injunctions against harassment, the definition of “harassment” is expanded to include one or more acts of “sexual violence” (defined elsewhere in statute). Fees for service of process are prohibited from being charged for a petition for an injunction against harassment that arises out of sexual violence. Effective January 1, 2020. AS SIGNED BY GOVERNOR. ARS Titles Affected: 12 First Sponsor: Sen. Steele Last Action: 4/22 Signed by the Governor (chapter 118)

SB1311 Material Witnesses; Contempt; Detention; Bond Statutes governing material witnesses are repealed and replaced. In a grand jury proceeding or pending criminal action, the state or the defendant may certify by motion that the presence of a "material witness" (defined) is required. If the court finds that a material witness is unlikely to appear or testify, the court is permitted to require the material witness to appear and post a secured or unsecured appearance bond, and to modify the requirements of the appearance bond when necessary to ensure the material witness will appear and testify as directed. IAS SIGNED BY GOVERNOR. ARS Titles Affected: 13 First Sponsor: Sen. Farnsworth Last Action: 4/29 Signed by the Governor (chapter 144)

SB1317 Bodily Fluids Exposure; Testing The list of circumstances under which a public safety employee or volunteer may petition the court for an order authorizing testing of another person for blood borne diseases is expanded to include if the public safety employee or volunteer, as part of official duties, was rendering aid to the person as a result of a medical emergency and was exposed to blood or other bodily fluids on or through the skin or membranes, including if the person is deceased. AS SIGNED BY GOVERNOR. ARS Titles Affected: 13 First Sponsor: Sen. Boyer Last Action: 3/22 Signed by the Governor (chapter 21)

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Bills Introduced Pertaining to Law Enforcement This session, ACJC tracked 16 bills pertaining to law enforcement. HB2119 (School Safety; Reporting) is a bill that was signed into law and met one of the governors objective to focus on the growing concern of school safety. A bill that was of some interest to ACJC was HB2189 (AZPOST; Membership), signed into law by the governor which changes the membership qualifications of the two chiefs of police members by allowing either or both to be appointed from a federally recognized Native American tribe instead of a city. The following are a list of bills signed into law.

HB2119 School Safety; Reporting School district governing boards and charter school governing bodies are required to prescribe and enforce policies and procedures for school personnel to report to local law enforcement any suspected crime against a person or property that is a "serious offense" (defined in the Criminal Code) 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 any person on the school property. ARS Titles Affected: 15 First Sponsor: Rep. Barto Last Action: 5/7 signed by the Governor (chapter 177)

HB2189 AZPOST; Membership Modifies the membership qualifications of the two chiefs of police members of the Arizona Peace Officer Standards and Training Board by allowing either or both to be appointed from a federally recognized Native American tribe instead of a city, while retaining the population requirements for the city or tribe represented by each member. Session law provides for the retention of current members of the AZPOST Board until the expiration of their normal terms. ARS Titles Affected: 41 First Sponsor: Rep. Payne Last Action: 4/1 Signed by Governor (chapter 43)

HB2676 Public Officers; Records; Confidentiality 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 restricted information is modified to include any identifying information, including any of that person's documents, instead of only the person's residential address and telephone number. ARS Titles Affected: 11, 16, 28 First Sponsor: Rep. J Allen Last Action: 5/25 Signed by the Governor (chapter 256)

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SB1223 Written Vehicle Accident Reports A law enforcement officer who investigates a motor vehicle accident resulting in damage to the property of any person in excess of $2,000, increased from $1,000, is required to complete a written report of the accident. Every law enforcement officer who investigates a motor vehicle accident resulting in damage to the property of any person in an amount of $2,000 or less, instead of $1,000 or less, and that does not result in the issuance of a citation is required to complete a portion of the written report of the accident. AS PASSED SENATE. ARS Titles Affected: 28 First Sponsor: Sen. Boyer Last Action: 5/3 Signed by Governor (chapter 168)

SB1231 Public Safety; Residency Requirements; Prohibition Municipalities and fire districts are prohibited from imposing any residency requirement on a firefighter or peace officer as a condition of employment. Some exceptions. ARS Titles Affected: 9 and 11 First Sponsor: Sen. Boyer Last Action: 4/16 Signed by Governor (chapter 95)

SB1312 Bad Checks; Restitution Payments The requirement for restitution payments for bad checks to be made through the prosecutor's office applies only before a conviction. AS SIGNED BY GOVERNOR. ARS Titles Affected: 13 First Sponsor: Sen. E. Farnsworth Last Action: 4/10 Signed by Governor (chapter 62)

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Bills Introduced Pertaining to Criminal Histories This session, ACJC tracked 7 bills that affect criminal histories. The following is a list of bills signed into law. HB2191 Criminal Justice Records; Prohibited Uses A "mugshot website operator" that publishes a "subject individual's" "criminal justice record" for a "commercial purpose" (all defined) on a publicly accessible website is deemed to be transacting business in Arizona. A mugshot website operator is prohibited from using criminal justice records or information contained in those records for the purpose of soliciting business for pecuniary gain, including requiring the payment of a fee or other valuable consideration in exchange for removing or revising criminal justice records that have been published on a website or other publication. An individual whose criminal justice record is published in violation and who suffers a pecuniary loss or is otherwise adversely affected as a result of the violation has a cause of action again the person responsible for the violation and may recover damages in any court of competent jurisdiction. AS SIGNED BY GOVERNOR. ARS Titles Affected: 39 First Sponsor: Rep. Payne Last Action: 4/1 Signed by the Governor (chapter 42)

HB2660 Occupational Regulation; Prior Conviction; Applicability An agency is permitted to disqualify a person from obtaining a license, permit, certificate or other state recognition for a specified offense only if the conviction occurred within seven years before the date of the petition, excluding any period of time that the person was imprisoned in the custody of the Department of Corrections. AS PASSED SENATE. ARS Titles Affected: 13 and 41 First Sponsor: Rep. J. Allen Last Action: 5/3 Signed by the Governor (chapter 166)

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Bills Introduced Pertaining Criminal Penalties This session, ACJC track 13 bills pertaining to criminal penalties. The wide array of these bills either aimed to create a new penalty, change an existing penalty, change the definition of certain crimes, or add a defense to existing crimes. Notably, HB2318, the texting while driving prohibition bill. HB2421 Animal Cruelty; Working Animal; Harassment The list of acts constituting cruelty to animals is expanded to include to intentionally or knowingly "harass" (defined) a working animal that is in a law enforcement vehicle or trailer without either legal privilege or consent of the owner. Cruelty to animals under these circumstances is a class 1 (highest) misdemeanor. AS SIGNED BY GOVERNOR. ARS Titles Affected: 13 First Sponsor: Rep. Blackman Last Action: 3/22 signed by the Governor (chapter 32)

HB2371 Cruelty to Animals; Domestic Animals The list of acts constituting cruelty to animals is expanded to include intentionally or knowingly subjecting a "domestic animal" (defined as a mammal that is kept primarily as a pet or companion or that is bred to be a pet or companion) to cruel mistreatment and intentionally or knowingly killing a domestic animal without either legal privilege or consent of the domestic animal's owner or handler. Cruelty to animals under these circumstances is a class 5 (second-lowest) felony. AS PASSED SENATE. ARS Titles Affected: 13 First Sponsor: Rep. Kavanagh Last Action: 4/17 signed by the Governor (chapter 101)

SB1076 Abducting Child from State Agency Establishes the crime of abduction of a child from a "state agency" (defined as the Department of Child Safety or the Department of Juvenile Corrections) if a person takes or keeps a child from the lawful custody of a state agency or intentionally fails or refuses to immediately return a child to the lawful custody of a state agency and the person knows or has reason to know that the child is entrusted by the authority of law to the custody of the state agency. AS SIGNED BY GOVERNOR. ARS Titles Affected: 13 First Sponsor: Sen. Brophy McGee Last Action: 4/16 Signed by governor (chapter 92)

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Bills Introduced Pertaining to Substance Abuse This session, ACJC tracked 18 bills pertaining to substance abuse. Eight bills related to marijuana, five related electronic smoking/tobacco, one bill related to opioids and the remaining four dealt with other regulations. Of these bills, three were signed into law. HB2075 Electronic Prescribing; Exceptions; Deadlines Retroactive to January 1, 2019, the requirement to have an electronic prescription order to dispense a schedule II controlled substance that is an opioid applies in all counties beginning January 1, 2020, instead of beginning January 1, 2019 only in counties with a population of 150,000 or more. Establishes exceptions to the requirement, including during any time period in which an established electronic prescribing system or pharmacy management system is not operation or available in a timely manner, and for a written prescription order provided to a patient in a Veterans Administration facility, health facility on a military base, or Indian health service facility. AS SIGNED BY GOVERNOR. In his signing statement, the Governor stated his continued commitment to combating the opioid epidemic. ARS Titles Affected: 36 First Sponsor: Rep. Cobb Last Action: 2/14 signed by the Governor (chapter 4)

SB1024 Medical Marijuana; Sales Data; Enforcement The list of entities that the Department of Revenue is authorized to disclose confidential tax information to is expanded to include the Department of Health Services for its use in determining if a medical marijuana dispensary is in compliance with transaction privilege tax requirements. AS SIGNED BY GOVERNOR. ARS Titles Affected: 36 First Sponsor: Sen. Borrelli Last Action: 4/29 Signed by Governor (chapter 142)

SB1535 AHCCCS; Opioid Treatment Programs; Requirements The Arizona Health Care Cost Containment System (AHCCCS) Administration and its contractors are permitted to reimburse opioid treatment program providers for enrolled members only if the provider demonstrates enforcement of each plan contained in the annual report required by this legislation and approved by the AHCCCS Administration. ARS Titles Affected: 36 First Sponsor: Sen. Brophy-McGee Last Action: 5/13 Signed by the Governor (chapter 224)

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Bills Introduced Pertaining to Crime Victims The remaining bills that ACJC tracked pertained to crime victims, of these bills. The following is a list of bills signed into law. HB2008 Duty to Report; Supervisor; Administrator The list of persons with a duty to report a reasonable belief that a minor has been the victim of abuse or neglect is expanded to include any person who is employed as the immediate or next higher level supervisor to or administrator of a person who has a duty to report (other than the child's parent or guardian) and who develops the reasonable belief in the course of the supervisor's or administrator's employment. ARS Titles Affected: 13 First Sponsor: Rep. Kavanagh Last Action: 4/11 signed by governor (chapter 70)

HB2466 Criminal Proceedings; Child Welfare; Preclusion (Victims Rights) An action for the recovery of damages that is based on either an injury that a minor suffers as a result of another person's negligent or intentional act if that act is a cause of "sexual conduct" or "sexual contact" (both defined elsewhere in statute) committed against the minor or the failure to report sexual conduct or sexual contact committed against a minor is required to be commenced within 12 years after the plaintiff reaches 18 years of age and not afterward. ARS Titles Affected: 8, 13, 22 First Sponsor: Rep. Blackman Last Action: 5/27 Signed by the Governor (chapter 259)

SB1250 Injunction Against Harassment; Sexual Violence (Sexual Assault Protective Order) For the purpose of statute governing injunctions against harassment, the definition of “harassment” is expanded to include one or more acts of “sexual violence” (defined elsewhere in statute). Fees for service of process are prohibited from being charged for a petition for an injunction against harassment that arises out of sexual violence. Effective January 1, 2020. AS SIGNED BY GOVERNOR. ARS Titles Affected: 12 First Sponsor: Sen. Steele Last Action: 4/22 Signed by the Governor (chapter 118)

SB1315 Victims’ Rights; Refusal of Interviews A victim is authorized to bring a special action seeking to enforce any right or challenge any order denying any right guaranteed to victims. Victims cannot be charged a filing fee to file a special action or to seek an order to invoke victims' rights. ARS Titles Affected: 8, 13 First Sponsor: Sen. E. Farnsworth Last Action: 5/13 Signed by the Governor (chapter 219)

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Bills Introduced Pertaining to Repeal/Change Current Laws This session the governor made it a priority that legislators look at currents laws and see which are possible to be repealed. ACJC tracked five bills that repealed a current law and five bills that were to change the law. The following are a list of bills signed into law. SB1291 Prohibited Weapons; Nunchaku; Repeal For the purposes of the criminal code, an instrument 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, including a nunchaku, is removed from the definition of "prohibited weapon." ARS Titles Affected: 13 First Sponsor: Sen. Gowan Last Action: 5/10 signed by the Governor (chapter 207)

S1307 DUI; License Reinstatement; Evaluation Requirements In order to qualify for reinstatement of driving privileges following a driver license suspension or revocation due to a conviction of driving under the influence (DUI), extreme DUI or aggravated DUI, the person is required to successfully complete the alcohol or other drug screening, education or treatment program requirements. ARS Titles affected: 28 First Sponsor: Sen. Livingston Last Action: 6/7 signed by Governor (chapter 309)

SB1311 Material Witnesses; Contempt; Detention; Bond Statutes governing material witnesses are repealed and replaced. In a grand jury proceeding or pending criminal action, the state or the defendant may certify by motion that the presence of a "material witness" (defined) is required. If the court finds that a material witness is unlikely to appear or testify, the court is permitted to require the material witness to appear and post a secured or unsecured appearance bond, and to modify the requirements of the appearance bond when necessary to ensure the material witness will appear and testify as directed. AS SIGNED BY GOVERNOR. ARS Titles Affected: 13 First Sponsor: Sen. E. Farnsworth Last Action: 4/29 Signed by Governor (chapter 144)

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Bills that Failed The Arizona Criminal Justice Commission tracked 149 bills. The following is a list of bills that failed during this session. Senate Bills that Failed

SB1009 TOBACCO PRODUCTS; ELECTRONIC SMOKING DEVICES 3/28 House hel_hu ser held

SB1056 IMMIGRATION; LAW ENFORCEMENT; REPEAL 1/15 referred to Senate Jud

SB1068 DETENTION OFFICERS; ARREST WARRANT; CUSTODY 4/30 Failed to Pass House 16/43

SB1074 AGGRAVATED ASSAULT; DCS EMPLOYEES 1/16 referred to Senate Jud

SB1095 JUVENILES; MAXIMUM SENTENCE; COMMUTATION 1/22 referred to Senate Jud

SB1117 VOTING RIGHTS; RESTORATION; FELONIES 1/22 referred to Senate Jud

SB1148 DPS; SCHOOL SAFETY; HOTLINE 1/30 Senate Trans-Pub Safety held

3/4 Senated voted to reconsider 2/28 SB1155 REMOTE SELLERS; TAXATION; STUDY COMMITTEE failure to pass bill 1/23 referred to Senate Comm, SB1158 SPORTS BETTING; TRIBES; LIQUOR ESTABLISHMENTS approp

SB1163 TECH CORRECTION; PROSTITUTION; EMPLOYMENT 3/19 Senate Rules okay

SB1165 WIRELESS COMMUNICATIONS DEVICE; DRIVING PROHIBITION 4/18 Failed to pass House 24-36

SB1192 DEATH PENALTY; SERIOUS MENTAL ILLNESS 1/28 referred to Senate Jud

SB1202 VOTING RIGHTS; FELONIES; AUTOMATIC RESTORATION 1/28 referred to Senate Jud

SB1207 JUSTIFICATION; DEADLY PHYSICAL FORCE; EXCEPTIONS 1/28 referred to Senate Jud

SB1209 DEATH PENALTY; REPEAL 1/28 referred to Senate Jud

SB1219 DOMESTIC VIOLENCE OFFENSES; FIREARM TRANSFERS 1/29 referred to Senate Jud

SB1254 SEXUAL ASSAULT; SURVIVORS RIGHTS 1/29 referred to Senate Jud

1/30 referred to Senate Trans-pub SB1262 MISCONDUCT INVOLVING WEAPONS; FIREARM STORAGE safety

SB1263 IMMIGRANT; ALIENT; TERMINOLOGY 1/20 referred to Senate Gov

SB1284 MARIJUANA; CIVIL PENALTY 1/30 referred to Senate Jud 3/11 retained on Senate COW SB1292 MISCONDUCT INVOLVING WEAPONS; CLASSIFICATION calendar 23

SB1303 AUTOMOBILE THEFT AUTHORITY; WATCH PROGRAM 3/14 House Trans with amend #4771

SB1308 DNA TESTING; OFFENSES 2/21 Senate Jud Held

3/28 from House Jud with amend SB1313 JUROR CONTACT; ADVERTISEMENT; INTERVIEW REQUIREMENTS #4890

SB1323 JUVENILE COURT; JURISDICTION 1/31 referred to Senate Jud

SB1363 TOBACCO PRODUCTS; PROHIBITED SALES; SIGNAGE 2/4 referred to Senate Comm

SB1372 MARIJUANA; DRUG PARAPHENALIA VIOLATION; CLASSIFICATION 2/4 referred to Senate Jud

SB1374 SPOUSES; MARRIED COUPLES; TERMINOLOGY 2/4 referrred to Senate Gov

2/4 referred to Senate Trans-Pub SB1376 ADULT INCARCERATION CONTRACTS; COST COMPARISON Safety

SB1377 RESTORATION; VOTING RIGHTS; WEBSITE NOTIFICATION 2/4 referred to Senate Jud

2/4 referred to Seante trans-pub SB1378 EARNED RELEASE CREDITS; PRISONERS safety

SB1379 CLASSIFICATION; DRUG POSSESSION 2/4 referred to Senate Jud

SB1380 CRIMINAL JUSTICE COMMISSION; MEMBERSHIP; REPORT 2/4 referred to Senate Jud

SB1381 ORDER OF PROTECTION; FIREARM POSSESSION 2/4 referred to Senate Jud

SB1391 SCHOOL PERSONNEL; REPORTING; DRUG OFFENSES 2/14 Senate hel-hu ser do pass

SB1402 CONTROLLED SUBSTANCES; SCHEDULE DESIGNATION 4/9 House Rules Okay

SB1421 CRIMINAL LAW; PURPOSE 2/5 referred to Senate Jud

SB1422 ARIZONA CRIMINAL JUSTICE COMMISSION; MEMBERSHIP 2/5 referred to Senate Jud

SB1423 HISTORICAL PRIOR FELONY CONVICTION; DEFINITION 2/5 referred to Senate Jud

SB1437 CRIMINAL HISTORY; REQUIRED DISCLOSURE; LIMITATIONS 3/12 referred to House Jud

2/21 from Senate Trans-Pub Safety SB1475 DNA IDENTIFICATION DATABASE; REQUIREMENTS amend #4398

SB1490 PROHIBITED WEAPONS; BUMP-FIRE DEVICE; ACCESSORY 2/5 referred to Senate Jud

2/6 referred to Senate Trans-Pub SB1507 FIREARM SALES; TRANSFERS; BACKGROUND CHECKS safety, Jud

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2/6 referred to Senate Trans-Pub SB1508 UNLAWFUL SECURING; FIREARMS; MINORS safety, Jud 3/27 House Approp Held SB1532 APPROPRIATIONS; FELONY PRETRIAL INTERVENTION PROGRAMS

House Bills that Failed

LAW ENFORCEMENT; PROSECUTION; GRANTS; HB2001 ACCEPTANCE 2/25 Do pass in House Government HB2019 JUVENILES; NATURAL LIFE SENTENCE; REPEAL 2/20 failed house trans 2-5 HB2024 ELECTRONIC SMOKING DEVICES; RESTRICTIONS; USE 1/15 referred to House HB2025 ANIMAL CRUELTY; DOMESTIC ANIMALS; CLASSIFICATION 1/30 referred to House, Land-Ag HB2043 MUNICIPAL JUDGES; TERMS; RETENTION ELECTION 3/6 from House Rules okay HB2052 JUVENILES; DETENTION CENTERS; DANGEROUS OFFENSES 1/30 Held House Jud HB2062 JUVENILES DISPOSITION; PROBATION TERMS; NOTICE 2/25 referred to Senate Jud HB2069 TEXT MESSAGING WHILE DRIVING; PROHIBITION 2/21 Do pass House Public Safety HB2072 CIVIL FORFEITURE; CRIMINAL CONVICTION 1/30 referred to House Jud

2/14 from House Hel-hu ser with HB2073 VAPOR PRODUCTS; E-LIQUADS; REGULATIONS; PERMITS amend #4205 HB2099 VOTING RIGHTS; RESTORATION; FELONIES 1/30 House Jud HB2121 INVESTIGATIONAL STEM CELL TREATMENT 4/29 referred to House Rules only HB2149 MARIJUANA; CANNABIS; DEFINITION 2/21 Do pass House Public Safety HB2160 UNLAWFUL SECURING; FIREARMS; MINORS 4/29 referred to House Rules only HB2161 ORDER OF PROTECTION; FIREARM PROTECTION 4/30 referred to House Rules only

2/5 referred to House Trans, Public HB2165 DISTRACTED DRIVING; RECKLESS DRIVING Safety HB2169 INCARCERATION; PROHIBITED; FAILURE TO PAY 4/22 referred to House Rules only HB2171 INDIGENT DEFENSE FUND; DISTRIBUTION; PURPOSE 1/28 referred to House Jud, approps HB2173 PEACE OFFICER DATABASE; DISCIPLINARY ACTIONS 4/30 referred to House Rules only

1/30 referrred to House Jud, Public HB2174 CRIMINAL; ARREST RECORDS; ERASURE safety HB2206 SEXUAL ASSAULT VICTIMS; STUDY COMMITTEE 2/7 referred to House Jud, hel-hu ser 25

HB2207 PROPERTY CRIMES; CLASSIFICATION; SENTENCING 2/7 referred to House Jud

1/30 referred to House Jud, Public HB2213 REPETITIVE OFFENDERS; STRIKE PRIOR FELONY Safety MANDATORY MINIMUM SENTENCES; JUDICIAL HB2245 DISCRETION 1/28 referred to House Jud HB2247 PROHIBITED WEAPONS; BUMP-FIRE DEVICE; ACCESSORY 5/1 referred to House rules only HB2249 MENTAL HEALTH; INJUNCTION; FIREARM POSSESSION 5/1 referred to House rules only HB2257 CIVIL LIABILITY; GUN-FREE ZONES 5/1 referred to House rules only

2/21 House Public Safety with amend HB2264 TRAFFIC VIOLATIONS; TRAFFIC SURVIVAL SCHOOL #4301

3/21 Senate Trans Public Safety HB2267 PRISONER ACCOUNTS; USE; ADOT CREDENTIALING amend #4818

1/24 referred to House Jud, Public HB2270 EARNED RELEASE CREDITS; PRISONERS; LITERACY Safety HB2277 INDIGENT DEFENSE FUND; DISTRIBUTION; PURPOSE 2/13 Do Pass House Jud HB2300 SEX OFFENDER REGISTRATION; TERMINATION 5/14 Referred to House Rules Only HB2301 PROBATION; EARLY TERMINATION; HEARING; APPEAL 5/14 Referred to House Rules Only HB2302 PRISONERS; EARNED RELEASE CREDITS 5/14 Referred to House Rules Only HB2311 INCORRECT ARREST; RECORD CLEARANCE 3/5 referred to Senate Jud HB2328 APPROP; PEACE OFFICER TRAINING EQUIPMENT 3/6 Failed to pass House 14-46 1/30 Referred to House Jud, hel-hu HB2356 PUBLIC SAFETY GUARDIANSHIP ser

EXPUNGEMENT; ARRENTS; CONVICTIONS; SENTENCING HB2362 RECORDS 2/5 referred to House Jud HB2368 TECH CORRECTION; DEFRAUDING SECURED CREDITORS 5/9 referred to House Rules Only

1/30 referred to House Jud, Public HB2379 UNDESIGNATED FELONY OFFENSES; MISDEMEANORS Safety HB2382 DRIVING ON SUSPENDED LICENSE; TOWING 2/26 Failed to pass House 29-30

2/13 House state-intl with amend HB2383 HIGHWAY PATROL; EMERGENCY RESPONSE REQUIREMENT #4175 HB2400 SENTENCING; MANDITORY MINIMUM; EXCEPTION 1/30 referred to House Jud 26

2/7 referred to House Jud, Public HB2401 VOTING RIGHTS; FELONIES; AUTOMATIC RESTORATION Safety 1/24 referred to House Jud, hel_hu HB2402 DRUG POSSESSION; CLASSIFICATION ser

SENTENCING; MITIGATION; MONETARY OBLIGATIONS; HB2403 FINES 2/7 referred to House Jud

MARIJUANA POSSESSION; PARAPHERNALIA; 1/28 referred to House Jud, hel_hu HB2404 CLASSIFICATION; SENTENCING ser HB2424 UNDESIGNATED FELONY; MISDEMEANOR DESIGNATION 3/28 Held Senate Jud HB2503 ASSAULT; HEALTH CARE PRACTITIONER; CLASSIFICATION 3/6 Referred to Senate Jud

EXTORTION; THREATENING IMMIGRATION STATUS HB2508 EXPOSURE 5/6 referred to House Rules Only 2/27 retained on House COW HB2521 CARRYING OF FIREARMS; CONSTABLES Calendar

HANDS-FREE WIRELESS COMMUNICATION DEVICES; HB2531 DRIVING 2/21 House Trans with amend #4317 HB2537 MEDICAL MARIJUANA ACT; MODIFICATIONS 5/7 referred to House Rules Only

2/7 referred to House Jud, Public HB2554 CANNABIS; DEFINITION Safety HB2555 CIVIL PENALTY; MARIJUANA 2/7 referred to House Jud HB2567 PROBATION; MONTHLY FEE DETERMINATION 2/7 referred to House Jud 2/25 from House to hel-Hu ser do HB2571 DETAINED JUVENILES; ADVERTISEMENTS; NOTIFICATIONS pass HB2575 FIREARM DEALERS; FIREARM TRANSFERS; REQUIREMENTS 5/14 Referred to House Rules Only HB2588 ANIMAL ABUSER REGISTRATION; PENALITIES 2/7 referred to House Land-ag, Jud HB2613 SEX OFFENDER REGISTRATION; TERMINATION 5/7 Failed to pass Senate 11-18

3/21 from Senate Trans-Pub safety HB2620 LAW ENFORCEMENT; PROHIBITED CONTRACTS; BROKERS amend #4820 DOMESTIC VIOLENCE; HOUSEHOLDS; TREATMENT HB2679 PROGRAMS 3/12 referred to Senate Jud

4/11 Senate COW approved. Failed to HB2693 MISCONDUCT INVOLVING WEAPONS; SCHOOL GROUNDS Pass Senate 15-14

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3/28 Senate approp with amend HB2736 TOBACCO PRODUCTS; DISTRIBUTION LICENSES #4874

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