Page 1, line
11, strike "petition" insert "request"; strike the second "a"
insert "an emergency"
Page 4, line
12, strike "petition" insert "request"; strike the second "a"
insert "an emergency"
Line 13,
after the second "the" insert "emergency"
Line 16,
strike "petition" insert "request"
Line 24,
after "5." insert "EMERGENCY"
Page 5,
strike lines 11 through 19
Renumber to
conform
Line 20,
after "an" strike remainder of line
Line 21,
strike "pickup order or a" insert "emergency"
Strike lines
22 through 24
Renumber to
conform
Strike lines
27 through 29
Renumber to conform
Strike pages
6 through 10
Page 11,
strike lines 1 through 24
Line 25,
strike "12‑1884" insert "12‑1882"
Line 26,
after "period" insert "; order registration; central repository; responsible custodian"
Line 27,
after "A." insert "Beginning
from and after October 31, 2018,"
Page
12, line 3, after "protection" strike remainder
of line
Strike
lines 4 and 5, insert "may be issued electronically or by
telephone as determined by the supreme court. An emergency severe
threat order of protection may be issued during the hours that the court is
closed. The presiding judge of the superior court shall make
available a superior court judicial officer who may issue an emergency severe
threat order of protection.
C. The"
Reletter to
conform
Line 17,
after "shall" insert "notify
the respondent that a hearing shall be held to determine if clear and
convincing evidence exists that the respondent poses a significant danger of
causing death or serious physical injury to self or others. At the hearing, the
respondent shall have an opportunity to respond to any allegations made against
the respondent. if the respondent declines to have a hearing, the peace officer
shall"
Line 18,
after the period, insert "the respondent shall have the
opportunity at an initial hearing or, if an initial hearing was declined, at an
evaluation to make and complete up to two phone calls. the respondent may have
an attorney present at any hearing held pursuant to this article. if the
respondent is a minor, the parent or legal guardian of the minor shall be
immediately notified of the location to which the minor is being taken and that
the minor may consult and have an attorney present at any hearing that is held
pursuant to this article. If the respondent is a minor, the minor shall be
appointed a guardian ad litem for the pendency of the proceedings."
Lines 19 and
20, strike "person" insert "respondent"
Line 31,
after the period insert "A peace officer shall transport
the respondent to the hearing."
Line 32,
strike "section 12‑1882,"; strike "C" insert "G of this section"
Page 13,
line 3, strike "a" insert "an
emergency"
Line 4,
after "may" strike remainder of line
Page 13, strike
line 5, insert "refer the respondent for further proceedings
pursuant to section 36‑531, subsection B.
G. The
court shall review the request for an emergency severe threat order of
protection, any other pleadings on file and any evidence offered by the peace
officer or another person, including any evidence of:
1. a
recent credible threat to cause death or serious physical injury or an act or
attempted act that is intended to cause death or serious physical injury to
self or others by the respondent.
2. A
pattern of threats to cause death or serious physical injury or acts or
attempted acts that are intended to cause death or serious physical injury to
self or others by the respondent within the preceding six months. Evidence that
the respondent has violated an order of protection or an injunction against
harassment through violent or threatening behavior may be used to demonstrate a
pattern for the purposes of this paragraph.
3. Known dangerous
mental health issues of the respondent.
4. The respondent's
having previously been subject to or currently being subject to an emergency
severe threat order of protection.
5. A
conviction for a violent crime committed by the respondent.
6. A
conviction for an offense in this state or another jurisdiction involving the
unlawful discharge, use or threatening exhibition of a deadly weapon or
dangerous instrument or the intentional or knowing infliction of serious
physical injury on another person with a firearm by the respondent.
7. The respondent's history of use,
attempted use or threatened use of unlawful physical force against another
person or stalking another person."
Reletter to
conform
Line 14,
after "days" insert a period strike remainder
of line
Strike lines
15 through 32
Page 14,
strike lines 1 through 4, insert:
"J. Within twenty‑four hours after a court issues an
emergency severe threat order of protection, the court shall forward a copy of
the order and proof of service, if applicable, to the sheriff's office in the
county in which the order was issued for registration by the sheriff in a
central repository. The sheriff shall register the order with the
national crime information center and shall indicate on the file that the
respondent is subject to firearm restrictions. On the expiration of an
emergency severe threat order of protection, the sheriff shall immediately
ensure that the national crime information center is updated with this
information.
K. Each
county sheriff shall maintain a central repository to verify the existence and
validity of an emergency severe threat order of protection.
L. If
the court issues an emergency severe threat order of protection and the
respondent possesses any firearms, the respondent shall provide the court with
the name of a responsible custodian. The responsible custodian must
take possession of all firearms that the respondent possesses or transfer
possession of the firearms to the sheriff, a local law enforcement agency or a
federally licensed firearms dealer within twenty‑four hours after the
order is issued. The respondent may not possess any firearms after
the court issues the order. If the respondent possesses any firearms
and does not identify a responsible custodian or submit evidence of the
respondent's compliance with this subsection to the sheriff or a local law
enforcement agency within twenty‑four hours after the order is issued,
the court, on the request of the sheriff or a local law enforcement agency, may
issue a search warrant for the firearms."
Page 14,
line 5, strike "12‑1886" insert "12‑1883"
Line 6,
strike "petition" insert "request";
strike the second "a" insert "an emergency"
Line 7,
strike "petition" insert "request"
Line 9,
strike "12‑1887" insert "12‑1884"
Line 10,
strike "petition" insert "request
for an emergency severe threat order of protection"
Page 14, line
11, strike "a" insert "an
emergency"
Line 13,
strike "12‑1888" insert "12‑1885"
Line 15,
strike the second "A" insert "an emergency"
Line 19,
strike the first "a" insert "an emergency"
Line 21,
after the second "the" insert "emergency"
Line 24,
strike "serving an ex parte" insert "taking a person into custody for an emergency"; strike
"pickup"
Line 25,
after "order" insert "of
protection"
Line 31,
strike the second "a" insert "an emergency"
Line 32,
after "shall" strike remainder of line
Page 15,
strike lines 1 through 6
Line 7,
strike "access to the firearm for the duration of the
order." insert "immediately appoint a
responsible custodian who must take possession of all firearms that are
possessed by the person who is subject to the order within twenty‑four
hours after the order is issued. The responsible custodian may either retain
possession of the firearms or transfer the firearms to the sheriff, a local law
enforcement agency or a federally licensed firearms dealer for the duration of
the emergency severe threat order of protection. The person who is subject to
the order shall submit evidence to the sheriff or a local law enforcement
agency within twenty‑four hours after the order was issued that the
responsible custodian has taken possession of or transferred the firearms."
Line 8,
strike the first "a" insert "an emergency"
Line 9,
after "sheriff" insert "or
a local law enforcement agency"
Line 11,
strike the second "a" insert "an emergency"
Lines 13 and
14, after "sheriff" insert "or a local law enforcement agency"
Line 22,
after the second "the" insert "emergency"
Line 24,
after the period insert "If a seized firearm is unable to
be returned to the owner,"
Strike lines
26 through 28
Reletter to
conform
Page 16,
line 7, strike "a" insert "an
emergency"
Line 8,
strike "12‑1883 or 12‑1884" insert
"12‑1882"
Lines 9 and
17, strike "a" insert "an
emergency"
Line 19,
strike "12‑1889" insert "12‑1886"
Strike lines
24 through 28, insert:
"1. The average length of time that it takes for the
superior court to receive an evaluation report after the respondent arrives at
an evaluation agency.
2. The
number of times in which the court ordered an evaluation and an evaluation
report was not issued."
Renumber to
conform
Page 16, line 32, strike "12‑1888"
insert "12‑1885"
Page 17,
line 8, strike "a" insert "an
emergency"
Page
19, line 10, after "valid" insert "emergency"
Page
21, line 3, after the first semicolon insert "mental
health first aid training;"
Line
4, after "posting" insert ";
confirmation of training completion"
Line
8, after "prevention" insert "and mental health first aid"
Line
9, strike "may" insert "shall"
Line 10,
after "prevention" insert "and
mental health first aid"
Line 13,
strike "and" insert a comma
Line 14,
strike "may" insert "and
the Arizona state schools for the deaf and the blind shall"
Between
lines 19 and 20, insert:
"4. Mental health first aid training."
Line 23,
strike the first "or" insert a comma; after the
second "school" insert "or
the Arizona state schools for the deaf and the blind"
Between
lines 24 and 25, insert:
"D. On completion of the training that is required by this
section, each school district and charter school and The arizona state schools
for the deaf and the blind shall provide to the teacher, principal and other
school personnel a document that confirms that the required training has been
completed."
Page 23, line
12, after the period insert "nothing in this section shall
prohibit an authorized person from carrying or possessing a weapon on school
grounds pursuant to section 15-341, subsection A, paragraph 23.
E. The
governing board of a school district, the governing body of a charter school
and the board of directors for the arizona state schools for the deaf and the
blind shall provide information at least once each school year to employees
about reserve peace officer training."
Reletter to
conform
Page 24, line 5, after "disciplined"
insert "and subject to dismissal"
Page 25, line 10, strike "The"
Strike lines
11 through 14
Page
54, line 7, strike "a" insert "an emergency"
Between
lines 10 and 11, insert:
"Sec. 13. Section
36-545.06, Arizona Revised Statutes, is amended to read:
START_STATUTE36-545.06. County
services
A. Each
county, or any combination of counties, shall provide directly or by contract
the services of a screening agency and an evaluation agency for the purposes of
title 12, chapter 10, article 5 and this chapter.
B. On
a request made by a resident of the county pursuant to this chapter, a county
shall be required to provide screening or evaluation.
C. Each
county shall coordinate the provision of mental health services required
pursuant to this section with the administration or as delegated by the administration
to a regional behavioral health authority.END_STATUTE"
Renumber to
conform
Page 57,
line 12, after "and" insert "policies and procedures on"
Page 71,
line 20, after the period insert "Beginning from and after
October 31, 2018,"
Page 78,
line 15, after "include" insert "all of the following:
(a)"
Between
lines 16 and 17, insert:
"(b) Fair and impartial police
training that incorporates the principles of modern science as it relates to
bias in policing, training officers on the effect of implicit bias and provides
skills to reduce and manage biases."
Page 80,
line 22, strike "$11,000,000" insert "$5,500,000"
Line 25,
after the period insert "Preference shall be given to school districts and
charter schools that have agreements to share the cost of the school resource
officer."
Page 82,
between lines 7 and 8, insert:
"Sec. 25. Retroactivity
This
act applies retroactively to from and after July 31, 2018."
Renumber
to conform
Amend title to conform
