Reference Title: peace officers; county recorders; records

AN ACT
AMENDING SECTION 11-483, ARIZONA REVISED STATUTES; RELATING TO COUNTY RECORDS.

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

Section 1. Section 11-483, Arizona Revised Statutes, is amended to read:

11-483 . Records; peace officers; confidentiality; definitions

A. Notwithstanding any other provision of this article, IN COUNTIES WITH A POPULATION OF MORE THAN FIVE HUNDRED THOUSAND PERSONS ACCORDING TO THE MOST RECENT UNITED STATES DECENNIAL CENSUS a peace officer may request that the general public be prohibited from accessing THE UNIQUE IDENTIFIER AND THE RECORDING DATE CONTAINED IN INDEXES OF RECORDED INSTRUMENTS MAINTAINED BY THE COUNTY RECORDER AND MAY REQUEST THE RECORDER TO PROHIBIT ACCESS TO the peace officer's residential address and telephone number contained in instruments or writings recorded by the county recorder AND MADE AVAILABLE ON THE INTERNET .

B. A peace officer may request this action by filing an affidavit that states all of the following:

1. The peace officer's name.

2. The position the peace officer currently holds and a description of the peace officer's duties.

3. The reasons the peace officer reasonably believes that the peace officer's life or safety or that of another person is in danger and that redacting the residential address and telephone number from instruments or writings recorded by the county recorder RESTRICTING ACCESS PURSUANT TO THIS SECTION will serve to reduce the danger.

4. THE RECORDING NUMBER OF EACH INSTRUMENT FOR WHICH THE PEACE OFFICER REQUESTS ACCESS RESTRICTION PURSUANT TO THIS SECTION.

C. The affidavit shall be filed with the presiding judge of the superior court in the county in which the affiant resides. To prevent a multiplicity of filings, a peace officer shall deliver the affidavit to the peace officer's commanding officer, who shall file the affidavits at one time. In the absence of an affidavit that contains a request for immediate action and that is supported by facts justifying an earlier presentation, the commanding officer shall not file more often than quarterly affidavits of peace officers presented to the commanding officer.

D. On receipt of an affidavit or affidavits, the presiding judge of the superior court shall cause to be filed with the clerk of the superior court a petition on behalf of all requesting peace officers. Each affidavit presented shall be attached to the petition. In the absence of an affidavit that contains a request for immediate action and that is supported by facts justifying an earlier consideration, the presiding judge may accumulate affidavits and file a petition at the end of each quarter.

E. The presiding judge of the superior court shall review the petition and each attached affidavit to determine whether the action requested by each peace officer should be granted. IF THE PRESIDING JUDGE OF THE SUPERIOR COURT CONCLUDES THAT THE ACTION REQUESTED BY THE PEACE OFFICER WILL REDUCE A DANGER TO THE LIFE OR SAFETY OF THE PEACE OFFICER OR ANOTHER PERSON, the presiding judge of the superior court shall order THAT the redaction of the residence address and telephone number from the instruments or writings recorded in the county recorder's office if the judge concludes that this action will reduce a danger to the life or safety of the affiant or another person RECORDER PROHIBIT ACCESS FOR FIVE YEARS TO THE PEACE OFFICER'S RESIDENTIAL ADDRESS AND TELEPHONE NUMBER CONTAINED IN INSTRUMENTS OR WRITINGS RECORDED BY THE COUNTY RECORDER MADE AVAILABLE ON THE INTERNET. IF THE PRESIDING JUDGE OF THE SUPERIOR COURT CONCLUDES THAT THE PEACE OFFICER OR ANOTHER PERSON IS IN ACTUAL DANGER OF PHYSICAL HARM FROM A PERSON OR PERSONS WITH WHOM THE PEACE OFFICER HAS HAD OFFICIAL DEALINGS AND THAT ACTION PURSUANT TO THIS SECTION WILL REDUCE A DANGER TO THE LIFE OR SAFETY OF THE PEACE OFFICER OR ANOTHER PERSON, THE PRESIDING JUDGE OF THE SUPERIOR COURT SHALL ORDER THAT THE GENERAL PUBLIC BE PROHIBITED FOR FIVE YEARS FROM ACCESSING THE UNIQUE IDENTIFIER AND THE RECORDING DATE CONTAINED IN INDEXES OF RECORDED INSTRUMENTS MAINTAINED BY THE COUNTY RECORDER AND IDENTIFIED PURSUANT TO SUBSECTION B.

F. On entry of the court order, the clerk of the superior court shall file the court order with the county recorder. No more than one hundred fifty TEN days after the date the county recorder receives the court order, the county recorder shall redact the residence addresses and telephone numbers of the peace officers listed in the court order from the instruments or writings recorded in the county recorder's office. The residence address and telephone number shall not be disclosed and are not part of a public record RESTRICT ACCESS TO THE INFORMATION AS REQUIRED BY SUBSECTION E .

G. If the court denies an affiant's request pursuant to this section, the affiant may request a court hearing. The hearing shall be conducted by the court in the county where the petition was filed.

H. THE RECORDER SHALL REMOVE THE RESTRICTIONS ON ALL RECORDS RESTRICTED PURSUANT TO THIS SECTION BY JANUARY 5 IN THE YEAR AFTER THE COURT ORDER EXPIRES.

I. TO INCLUDE SUBSEQUENT RECORDINGS IN THE COURT ORDER, THE PEACE OFFICER SHALL PRESENT TO THE COUNTY RECORDER AT THE TIME OF RECORDATION A CERTIFIED COPY OF THE COURT ORDER. THE RECORDER SHALL INSURE THAT PUBLIC ACCESS SHALL BE RESTRICTED PURSUANT TO SUBSECTION A.

J. THIS SECTION SHALL NOT BE INTERPRETED TO RESTRICT ACCESS TO PUBLIC RECORDS FOR THE PURPOSES OF PERFECTING A LIEN PURSUANT TO TITLE 12, CHAPTER 9, ARTICLE 2.

K. THIS SECTION SHALL NOT PROHIBIT ACCESS TO THE RECORDS OF THE COUNTY RECORDER BY A TITLE INSURER, A TITLE INSURANCE AGENT OR AN ESCROW AGENT LICENSED BY THE DEPARTMENT OF INSURANCE OR THE DEPARTMENT OF BANKING.

L. FOR THE PURPOSES OF THIS SECTION:

1. "INDEXES" MEANS ONLY THOSE INDEXES MAINTAINED BY AND LOCATED IN THE OFFICE OF THE COUNTY RECORDER THAT ARE ACCESSED ELECTRONICALLY AND THAT CONTAIN INFORMATION BEGINNING FROM AND AFTER JANUARY 1, 1987.

2. "PEACE OFFICER" MEANS ANY PERSON VESTED BY LAW, OR FORMERLY VESTED BY LAW, WITH A DUTY TO MAINTAIN PUBLIC ORDER AND MAKE ARRESTS.

Sec. 2. Delayed effective date

Section 1 of this act is effective from and after December 31, 1998.