ARIZONA STATE SENATE
Phoenix, Arizona
domestic violence;
definition; sentencing
Expands the amount of
information that the Domestic Violence and Sexual Assault State Plan Task Force
(task force) is required to report and extends the reporting deadline to
December 2002. Repeals a section of
statute that was dually enacted by Laws 2000.
Laws 2000, Chapter 122 established the task force,
charging it with the responsibility of developing a single statewide plan to
ensure coordinated and efficient use of resources used to address domestic
violence and sexual assault issues. The
plan was to identify such things as available resources, gaps in services,
methods for coordinating efforts by state agencies and other organizations, and
an evaluation process.
However, because several
task force members were not appointed until October 2000, the task force was
unable to complete its plan by the December 2000 deadline and is seeking an
extension. The task force indicates
that the planning process will take at least a year, and H.B. 2268 extends
the reporting deadline to December 2002.
In addition, the task force members identified some legislative changes
that could better help them address domestic violence and sexual assault
issues. Specifically, the task force
proposes completing separate plans for domestic violence and sexual assault and
expanding the information required in each plan. H.B. 2268 specifies that the
domestic violence plan must also include recommendations regarding making
domestic violence offenses non-bailable in certain cases.
Additionally, current law contains two sections numbered A.R.S.
section 13-3601, relating to domestic violence, its definition and sentencing
options. This legislation repeals one
of the sections and blends the substantive provisions of the repealed section
with the provisions of the remaining section wherever possible. The remaining section differs from the
repealed section in that it does not limit coverage for persons who reside or
have resided in the same household to persons of the opposite sex. This provision was passed by the Legislature
in Laws 2000.
The Joint Legislative Budget
Committee staff estimates that there will be no state general fund impact as a
result of this bill.
1. Adds a Governor-appointed representative of the sexual assault medical community to the task force.
2. Requires the task force to develop two separate state plans to ensure resources are coordinated and used efficiently to address: a) domestic violence prevention, prosecution and supportive services and b) sexual assault prevention, prosecution and supportive services. Currently, these plans are incorporated into one consolidated plan.
3. Expands the types of information that must be contained in each plan to include such things as a statewide policy statement; a process for evaluating the systemic response system; and a process for evaluating domestic violence or sexual assault policies, systems and services.
4. Specifies that the domestic violence plan must include recommendations regarding making domestic violence offenses non-bailable in certain cases.
5. Requires that the planning process include such things as statewide public hearings, focus groups, research about best practices and funding, and recommendations for standardizing data collection.
6. Extends the deadline for reporting the plans to the Legislature and Governor from December 1, 2000 to December 31, 2002.
7. Delays repeal of the Domestic Violence and Sexual Assault State Plan Task Force until July 31, 2003.
8. Adds to the definition of domestic violence “surreptitious photographing” if the relationship between the offender and the victim meets specified criteria.
9. Repeals a dually enacted section of law and blends remaining substantive provisions wherever possible.
10. Makes conforming and technical changes.
11. Provides for a general effective date.
Amendments
Adopted by Committee
1. Adds language regarding the task force and requires the domestic violence plan to include recommendations regarding making domestic violence offenses non-bailable in certain cases.
2. Eliminates language that restricts the ability for a person arrested or charged in relation to a domestic violence offense to be released from custody.
3. Eliminates language naming the act Cassie's law.
4. Eliminates the conditional enactment.
JUD 3/6/01 DPA 8-0-0-2-0 JUD 4/3/01 DPA
6-0-2-0
3rd Read 3/19/01 43-12-5-0
Prepared by Senate Staff