House of Representatives

HB 2083

law enforcement; prosecutors

Sponsors: Representative Jarrett

DPA	Committee on Judiciary
DPA	Caucus and COW
X	As Passed the House

HB 2083 allows prosecutors the opportunity to file an affidavit to withhold the disclosure of personal information contained in public records. It also broadens the category of aggravated assault to include assaults against prosecutors.

History

Currently only justices of the Supreme Court, judges of the Court of Appeals, judges or commissioners of a superior court, municipal court judges, peace officers and victims of domestic violence may request that the general public be prohibited from accessing personal information contained in their voter registration record. Personal information of peace officers is further exempted from release in most public records if requested.

Provisions

· Allows prosecutors to request that their personal information be withheld from records maintained by county recorders, county assessors, or county treasurers.

· Stipulates the manner in which such a request may be filed, and on what grounds it may be granted.

· Adds assault against a prosecutor to the list of assaults classified as aggravated.

· Classifies aggravated assault on a prosecutor as either a Class 2, Class 3, or Class 5 felony.

· Prohibits any person from knowingly making a prosecutor’s personal information available on the wold wide web if the dissemination of the personal information poses an imminent and serious threat to the prosecutor’s safety or the safety of the prosecutor’s immediate family.

· Allows a prosecutor to request that personal information contained in their voter registration record be inaccessible to the general public.

· Exempts candidates for county attorney, county sheriff and attorney general from the statutory requirement that a candidate disclose his or her residential address on a nominating petition.

· Requires a candidate for county attorney or county sheriff to file a form with the county elections officer containing the candidate’s residential address.

· Requires a candidate for attorney general to file a form with the Secretary of State containing the candidate’s residential address.

· Allows a prosecutor to request that all persons be prohibited from accessing his or her residential address and telephone number contained in any records maintained by the Arizona Department of Transportation.

· Stipulates the manner in which such a request may be filed, and on what grounds it may be granted.

· Prohibits any person employed by a state or local government from knowingly release the home address or home telephone number of a prosecutor with intent to hinder an investigation, cause physical injury to the prosecutor or the prosecutor’s family, or to do damage to the prosecutor’s property. Makes a violation of this section a Class 6 felony.

· Defines prosecutor.

HB 2083 was amended in the Judiciary Committee as follows:

· Changes all domestic violence victim references to persons who are protected under an order of protection or injunction against harassment.

· Allows any other registered voter who resides at the same address as a justice, judge, commissioner, prosecutor, officer or protected person to request that his or her personal information contained in voter registration be kept confidential.

· Narrows the time frame in which county recorders must seal voter registration records.

· Makes technical and conforming changes.

HB 2083 was amended in the Committee of the Whole as follows:

· Adopted the Judiciary Committee amendment.

· Adopted a technical and conforming change as recommended by the Rules Committee.

· Removes language that exempts a candidate for county attorney, county sheriff or attorney general from the statutory requirement that a candidate disclose his or her residential address on a nominating petition.

· Changes the definition of immediate family to include any adult living at the same residence as the peace officer or prosecutor, rather than any blood relative.

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45th Legislature

First Regular Session 2 March 9, 2001

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