complaints; law enforcement
affidavits
HB 2223 is an omnibus bill relating to crime.
· Allows a prosecutor to file a criminal complaint with an accompanying affidavit by a law enforcement officer that swears to the accuracy of the complaint in lieu of the officer making an oath before the court.
· Allows a law officer to base the affidavit upon information and belief rather than upon personal knowledge of the facts contained in the complaint.
· Prohibits the juvenile court from consolidating delinquency proceedings with other proceedings that do not involve delinquency, unless the delinquency proceeding is not heard at the same time or in the same hearing as a non-delinquency proceeding.
· Broadens the statutory definition of victim to include the immediate family of a person that was killed or incapacitated as the result of the delinquent act of another.
· Requires an employer who has fifty or more employees to allow his or her employees who are victims of crime to leave work in order to attend court-related proceedings or to obtain counseling associated with being crime victims.
· Provides that an employer is not required to compensate employees who exercise the right to leave work.
· Stipulates that an employee may elect to, or an employer may require the employee to utilize accrued paid vacation, personal leave or sick leave when leaving work in order to attend court-related proceedings.
· Proscribes certain actions that must be taken by an employee before he or she may take a leave of absence in accordance with this section.
· Removes language from statutory provisions relating to entrapment that the Arizona Court of Appeals found to be unconstitutional.
· Revises statutory language to require judges, when calculating the term of community service to decrease all fractions to the nearest month, except for a Class 5 or 6 felony.
· Provides for prescreening of defendants in cases where the state files a notice of intent to seek the death penalty for competency and sanity, unless the defendant objects.
· Stipulates the method and procedure for such examinations and findings.
· Adds vending machine to the definition of non-residential structures for the purpose of the burglary statute.
· Extends the definition of the term contraband in statute that currently applies to correctional facilities to apply to juvenile secure care facilities.
· Removes the factor of fear of physical injury from the statutory definition of stalking to address a recent court decision that found this provision unconstitutional.
· Retains the currently existing language that incorporates fear for a person’s safety and fear of death in the definition of stalking.
· Expands definition of regulated chemicals to include chemical analogs of the date rape drug GHB.
· Permits possession, use, possession for sale, manufacture, or transport for sale of prescription-only drugs as authorized by law.
· Stipulates that a conviction for administering GHB to a minor without the minor’s consent is a Class 2 felony. The perpetrator is not eligible for suspension of sentence, probation, pardon or release until the person has served the court imposed sentence.
· Broadens the statutory prohibition against furnishing harmful items to minors via the internet to include all material, not just material that is posted for reading or viewing.
· Defines minor.
· Specifies that a person who commits the crime of luring a minor for sexual exploitation is subject to Class 3 felony sentencing under the dangerous crimes against children statute.
· Repeals a dual enactment of Arizona’s domestic violence definition statute.
· Provides a definition of complaint for ARS section 13-4261.
· Broadens the statutory definition of victim to include the immediate family of a person that was killed or incapacitated as a result of a criminal offense committed by another person.
· Requires that the release of a sexually violent person from an institution be noticed to victims.
· Adds harmful affects and nature of date rape drugs to the subject matter that may be included in the course of study in common and high schools.
· Makes a clarifying change in regard to petitions for review of sentence in domestic violence cases.
· Changes the repeal date of Laws 2000, Chapter 42, section 6 pertaining to petitions for the review of sentences in relation to domestic violence from February 1, 2002 to January 31, 2003.
· Makes technical and conforming changes.
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45th Legislature
First Regular Session 3 May
2, 2001
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