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 ¦ REFERENCE TITLE: judges' personal information; records exemption ¦
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 ¦                                                               ¦
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 ¦                                                               ¦
 ¦                                                               ¦
 ¦ State of Arizona                                              ¦
 ¦ House of Representatives                                      ¦
 ¦ Forty-fifth Legislature                                       ¦
 ¦ Second Regular Session                                        ¦
 ¦ 2002                                                          ¦
 ¦                                                               ¦
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 ¦                           HB 2340                             ¦
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 ¦                        Introduced by                          ¦
 ¦           Representative Voss, Senator Richardson             ¦
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AN ACT

AMENDING SECTIONS 11-483, 11-484 AND 13-2401, ARIZONA REVISED STATUTES; AMENDING SECTION 16-153, ARIZONA REVISED STATUTES, AS AMENDED BY LAWS 2001, CHAPTER 301, SECTION 1; REPEALING SECTION 16-153, ARIZONA REVISED STATUTES, AS AMENDED BY LAWS 2001, CHAPTER 124, SECTION 5; AMENDING SECTIONS 28-454, 39-123 AND 39-124, ARIZONA REVISED STATUTES; RELATING TO JUDGES, COMMISSIONERS AND JUSTICES OF THE PEACE.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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 maintained by county recorder; peace officers; judges; prosecutors; 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, JUSTICE OF THE SUPREME COURT, JUDGE OF THE COURT OF APPEALS, JUDGE OR COMMISSIONER OF THE SUPERIOR COURT, MUNICIPAL COURT JUDGE, JUSTICE OF THE PEACE or prosecutor 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 or prosecutor's THAT PERSON'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, JUSTICE OF THE SUPREME COURT, JUDGE OF THE COURT OF APPEALS, JUDGE OR COMMISSIONER OF THE SUPERIOR COURT, MUNICIPAL COURT JUDGE, JUSTICE OF THE PEACE or prosecutor may request this action by filing an affidavit that states all of the following:

1. The peace officer's or prosecutor's PERSON'S name.

2. The full legal description and parcel number of the peace officer's or prosecutor's PERSON'S property.

3. The position the peace officer or prosecutor PERSON currently holds and a description of the peace officer's or prosecutor's PERSON'S duties.

4. The reasons the peace officer or prosecutor PERSON reasonably believes that the peace officer's or prosecutor's PERSON'S life or safety or that of another person is in danger and that restricting access pursuant to this section will serve to reduce the danger.

5. The recording number and recording date of each instrument for which the peace officer or prosecutor PERSON requests access restriction pursuant to this section.

C. If a peace officer or prosecutor is also requesting pursuant to section 11-484 that the general public be prohibited from accessing records maintained by the county assessor and county treasurer, the peace officer or prosecutor may combine the request pursuant to subsection B of this section with the request pursuant to section 11-484 by filing one affidavit with the officer's commanding officer, or with the head of the prosecuting agency or that person's designee. The affidavit and subsequent action by the appropriate authorities shall meet all of the requirements of this section and section 11-484.

D. 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 or prosecutor shall deliver the affidavit to the peace officer's commanding officer, or to the head of the prosecuting agency or that person's designee, 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, or the head of the prosecuting agency or that person's designee, shall not file affidavits more often than quarterly.

E. On receipt of an affidavit or affidavits, the presiding judge of the superior court shall file with the clerk of the superior court a petition on behalf of all requesting JUSTICES, JUDGES, COMMISSIONERS, peace officers or prosecutors. 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.

F. 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 or prosecutor AFFIANT should be granted. If the presiding judge of the superior court concludes that the action requested by the peace officer or prosecutor AFFIANT will reduce a danger to the life or safety of the peace officer, prosecutor AFFIANT or another person, the presiding judge of the superior court shall order that the recorder prohibit access for five years to the peace officer's or prosecutor's AFFIANT'S residential address and telephone number contained in instruments or writings recorded by the county recorder and made available on the internet. If the presiding judge of the superior court concludes that the peace officer, the prosecutor AFFIANT or another person is in actual danger of physical harm from a person or persons with whom the peace officer or prosecutor AFFIANT has had official dealings and that action pursuant to this section will reduce a danger to the life or safety of the peace officer, the prosecutor AFFIANT 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 of this section.

G. On entry of the court order, the clerk of the superior court shall file the court order and a copy of the affidavit required by subsection B of this section with the county recorder. No more than ten days after the date on which the county recorder receives the court order, the county recorder shall restrict access to the information as required by subsection F of this section.

H. 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.

I. 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.

J. To include subsequent recordings in the court order, the JUSTICE, JUDGE, COMMISSIONER, peace officer or prosecutor 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 of this section.

K. 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.

L. This section does 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.

M. For the purposes of this section:

1. "Indexes" means only those indexes that are 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.

3. "Prosecutor" means A county attorney, A municipal prosecutor or THE attorney general and INCLUDES an assistant or deputy county attorney, municipal prosecutor or attorney general.

Sec. 2. Section 11-484, Arizona Revised Statutes, is amended to read:

11-484. Records maintained by county assessor and county treasurer; peace officers; judges; prosecutors; redaction; 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, JUSTICE OF THE SUPREME COURT, JUDGE OF THE COURT OF APPEALS, JUDGE OR COMMISSIONER OF THE SUPERIOR COURT, MUNICIPAL COURT JUDGE, JUSTICE OF THE PEACE or prosecutor may request that the general public be prohibited from accessing the peace officer's or prosecutor's THAT PERSON'S residential address and telephone number that are contained in instruments, writings and information maintained by the county assessor and the county treasurer.

B. A peace officer, JUSTICE OF THE SUPREME COURT, JUDGE OF THE COURT OF APPEALS, JUDGE OR COMMISSIONER OF THE SUPERIOR COURT, MUNICIPAL COURT JUDGE, JUSTICE OF THE PEACE or prosecutor may request this action by filing an affidavit that states all of the following:

1. The peace officer's or prosecutor's PERSON'S name.

2. The full legal description and parcel number of the peace officer's or prosecutor's PERSON'S property.

3. The position the peace officer or prosecutor PERSON currently holds and a description of the peace officer's or prosecutor's PERSON'S duties.

4. The reasons the peace officer or prosecutor PERSON reasonably believes that the peace officer's or prosecutor's PERSON'S life or safety or that of another person is in danger and that redacting the residential address and telephone number will serve to reduce the danger.

C. If a peace officer or prosecutor is also requesting pursuant to section 11-483 that the general public be prohibited from accessing records maintained by the county recorder, the peace officer or prosecutor may combine the request pursuant to subsection B of this section with the request pursuant to section 11-483 by filing one affidavit with the officer's commanding officer, or with the head of the prosecuting agency or that person's designee. The affidavit and subsequent action by the appropriate authorities shall meet all of the requirements of this section and section 11-483.

D. 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 or prosecutor shall deliver the affidavit to the peace officer's commanding officer, or to the head of the prosecuting agency or that person's designee, 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, or the head of the prosecuting agency or that person's designee, shall not file affidavits more often than quarterly.

E. On receipt of an affidavit or affidavits, the presiding judge of the superior court shall file with the clerk of the superior court a petition on behalf of all requesting JUSTICES, JUDGES, COMMISSIONERS, peace officers or prosecutors. 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.

F. 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 or prosecutor AFFIANT should be granted. If the presiding judge of the superior court concludes that the action requested by the peace officer or prosecutor AFFIANT will reduce a danger to the life or safety of the peace officer or prosecutor AFFIANT or another person, the presiding judge of the superior court shall order the redaction of the peace officer's or prosecutor's AFFIANT'S residential address and telephone number that are contained in instruments, writings and information maintained by the county assessor and the county treasurer. The redaction shall be in effect for five years.

G. On entry of the court order, the clerk of the superior court shall file the court order and a copy of the affidavit required by subsection B of this section with the county assessor and the county treasurer. No more than ten days after the date on which the county assessor and the county treasurer receive the court order, the county assessor and the county treasurer shall restrict access to the information as required by subsection F of this section.

H. 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.

I. The county assessor and the county treasurer shall remove the restrictions on all records that are redacted pursuant to this section by January 5 in the year after the court order expires.

J. For the purposes of this section:

1. "Peace officer" means any person vested by law, or formerly vested by law, with a duty to maintain public order and make arrests.

2. "Prosecutor" means A county attorney, A municipal prosecutor or THE attorney general and INCLUDES an assistant or deputy county attorney, municipal prosecutor or attorney general.

Sec. 3. Section 13-2401, Arizona Revised Statutes, is amended to read:

13-2401. Peace officer, judge or prosecutor personal information on the world wide web; exception; violation; classification; definitions

A. It is unlawful for a person to knowingly make available on the world wide web the personal information of a peace officer, JUSTICE OF THE SUPREME COURT, JUDGE OF THE COURT OF APPEALS, JUDGE OR COMMISSIONER OF THE SUPERIOR COURT, MUNICIPAL COURT JUDGE, JUSTICE OF THE PEACE or prosecutor if the dissemination of the personal information poses an imminent and serious threat to the peace officer's or prosecutor's PERSON'S safety or the safety of the peace officer's or prosecutor's PERSON'S immediate family and the threat is reasonably apparent to the person making the information available on the world wide web to be serious and imminent.

B. It is not a violation of this section if an employee of a county recorder, county treasurer or county assessor publishes personal information, in good faith, on the web site of the county recorder, county treasurer or county assessor in the ordinary course of carrying out public functions.

C. A violation of subsection A is a class 5 felony.

D. For the purposes of this section:

1. "Immediate family" means a JUSTICE'S, JUDGE'S, COMMISSIONER'S, peace officer's or prosecutor's spouse, child or parent and any other adult who lives in the same residence as the peace officer or prosecutor PERSON.

2. "Personal information" means a JUSTICE'S, JUDGE'S, COMMISSIONER'S, peace officer's or prosecutor's home address, home telephone number, pager number, OR personal photograph, directions to a peace officer's or prosecutor's THE PERSON'S home or photographs of a peace officer's or prosecutor's THE PERSON'S home or vehicle.

3. "Prosecutor" means A county attorney, A municipal prosecutor or THE attorney general and INCLUDES an assistant or deputy county attorney, municipal prosecutor or attorney general.

Sec. 4. Section 16-153, Arizona Revised Statutes, as amended by Laws 2001, chapter 301, section 1, is amended to read:

16-153. Voter registration; confidentiality; definitions

A. Justices of the supreme court, judges of the court of appeals, judges or commissioners of the superior court, municipal court judges, JUSTICES OF THE PEACE, peace officers, prosecutors, public defenders, victims of domestic violence or persons who are protected under an order of protection or injunction against harassment, and any other registered voter who resides at the same residence address as the justice, judge, commissioner, PEACE OFFICER, prosecutor officer, public defender officer or protected person, may request that the general public be prohibited from accessing the residential address, telephone number and voting precinct number contained in their voter registration record.

B. Justices, judges, commissioners, prosecutors, public defenders or PEACE officers may request this action by filing an affidavit which THAT states all of the following:

1. The person's name.

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

3. The reasons for reasonably believing that the person's life or safety or that of another person is in danger and that sealing the residential address, telephone number and voting precinct number of the person's voting record will serve to reduce the danger.

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, peace officers shall deliver the affidavit to their commanding officer who shall file the affidavits at one time, prosecutors shall deliver the affidavit to the head of the prosecuting agency or that person's designee who shall file the affidavits at one time, and public defenders shall deliver the affidavit to the head of the public defending agency or that person's designee who shall file the affidavits at one time. In the absence of an affidavit that contains a request for immediate action and is supported by facts justifying an earlier presentation, the commanding officer, the head of the prosecuting agency or that person's designee or the head of the public defending agency or that person's designee shall not file affidavits more often than quarterly.

D. Upon receipt of an affidavit or affidavits, the presiding judge of the superior court shall file with the clerk of the superior court a petition on behalf of all requesting justices, judges, commissioners, prosecutors, public defenders and peace officers. The petition shall have attached each affidavit presented. In the absence of an affidavit that contains a request for immediate action and 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 justice, judge, commissioner, prosecutor, public defender or officer AFFIANT should be granted. The presiding judge of the superior court shall order the sealing of the information contained in the voter record of the justice, judge, commissioner, prosecutor, public defender or officer AFFIANT and, on request, any other registered voter who resides at the same residence address if the presiding judge concludes that this action will reduce a danger to the life or safety of the affiant.

F. Upon entry of the court order, the clerk of the superior court shall file the court order with the county recorder. Upon receipt of the court order the county recorder shall seal the voter registration of the justices, judges, commissioners, prosecutors, public defenders, PEACE officers and other persons listed in the court order no later than one hundred twenty days from the date of receipt of the court order. The information in the registration shall not be disclosed and is not a public record.

G. If the court denies an affiant's requested sealing of the voter registration record, the affiant may request a court hearing. The hearing shall be conducted by the court where the petition was filed.

H. Upon request by a domestic violence victim or person who is protected under an order of protection or injunction against harassment and ON presentation of an order of protection issued pursuant to section 13-3602, an injunction against harassment issued pursuant to section 12-1809 or an order of protection or injunction against harassment issued by a court in another state, the county recorder shall seal the voter registration record of the domestic violence victim or person who is protected and, on request, any other registered voter who resides at the residence address of the protected person. The record shall be sealed no later than one hundred twenty days from the date of receipt of the court order. The information in the registration shall not be disclosed and is not a public record.

I. For the purposes of this section:

1. "Domestic violence" has the same meaning as prescribed by section 20-448.

2. 1. "Prosecutor" means A United States attorney, A county attorney, A municipal prosecutor or THE attorney general and INCLUDES an assistant or deputy United States attorney, county attorney, municipal prosecutor or attorney general.

3. 2. "Public defender" means a federal public defender, county public defender, county legal defender or county contract indigent defense counsel and INCLUDES an assistant or deputy federal public defender, county public defender or county legal defender.

Sec. 5. Repeal

Section 16-153, Arizona Revised Statutes, as amended by Laws 2001, chapter 124, section 5, is repealed.

Sec. 6. Section 28-454, Arizona Revised Statutes, is amended to read:

28-454. Public records; peace officers; judges; prosecutors; redaction; definition

A. Notwithstanding sections 28-447 and 28-452, a peace officer, JUSTICE OF THE SUPREME COURT, JUDGE OF THE COURT OF APPEALS, JUDGE OR COMMISSIONER OF THE SUPERIOR COURT, MUNICIPAL COURT JUDGE, JUSTICE OF THE PEACE or prosecutor may request that persons be prohibited from accessing the peace officer's or prosecutor's THAT PERSON'S residential address and telephone number contained in any record maintained by the department.

B. A peace officer, JUSTICE OF THE SUPREME COURT, JUDGE OF THE COURT OF APPEALS, JUDGE OR COMMISSIONER OF THE SUPERIOR COURT, MUNICIPAL COURT JUDGE, JUSTICE OF THE PEACE or prosecutor may request this action by filing an affidavit that states all of the following:

1. The peace officer's or prosecutor's PERSON'S name.

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

3. The reasons the peace officer or prosecutor PERSON reasonably believes that the peace officer's or prosecutor's PERSON'S life or safety or that of another person is in danger and that redacting the residential address and telephone number from the department's public records will serve to reduce the danger.

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, and prosecutors shall deliver the affidavit to the head of the prosecuting agency or that person's designee, 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, or the head of the prosecuting agency or that person's designee, shall not file affidavits more often than quarterly.

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 JUSTICES OF THE SUPREME COURT, JUDGES OF THE COURT OF APPEALS, JUDGES OR COMMISSIONERS OF THE SUPERIOR COURT, MUNICIPAL COURT JUDGES, JUSTICES OF THE PEACE, peace officers, and prosecutors. 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 and prosecutor AFFIANT should be granted. The presiding judge of the superior court shall order the redaction of the residence address and telephone number from the public records maintained by the department if the judge concludes that this action will reduce a danger to the life or safety of the affiant or another person.

F. On entry of the court order, the clerk of the superior court shall file the court order with the department. No more than one hundred fifty days after the date the department receives the court order, the department shall redact the residence addresses and telephone numbers of the peace officers and prosecutors PERSON listed in the court order from the public records of the department. The residence address ADDRESSES and telephone number NUMBERS shall not be disclosed and are not part of a public record.

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. For the purposes of this section, "prosecutor" means A county attorney, A municipal prosecutor or THE attorney general and INCLUDES an assistant or deputy county attorney, municipal prosecutor or attorney general.

Sec. 7. Section 39-123, Arizona Revised Statutes, is amended to read:

39-123. Information identifying a peace officer, judge or prosecutor; confidentiality; exception; definition

A. Nothing in this chapter requires disclosure from a personnel file by a law enforcement agency or employing state or local governmental entity of the home address or home telephone number of a peace officer as defined in section 13-105, JUSTICE OF THE SUPREME COURT, JUDGE OF THE COURT OF APPEALS, JUDGE OR COMMISIONER OF THE SUPERIOR COURT, MUNICIPAL COURT JUDGE, JUSTICE OF THE PEACE or a prosecutor. This exemption also applies to a photograph of a peace officer who is serving in an undercover capacity or who is scheduled to serve in an undercover capacity within sixty days.

B. The agency or governmental entity may release the information in subsection A of this section only if either:

1. The peace officer or prosecutor PERSON consents in writing to the release.

2. The custodian of records of the agency or governmental entity determines that release of the information does not create a reasonable risk of physical injury to the peace officer or prosecutor PERSON or the peace officer's or prosecutor's PERSON'S immediate family or damage to the property of the peace officer or prosecutor PERSON or the peace officer's or prosecutor's PERSON'S immediate family.

C. This section does not apply to a certified peace officer who is no longer employed as a peace officer by a state or local government entity.

D. For the purposes of this section, "prosecutor" means A county attorney, A municipal prosecutor or THE attorney general and INCLUDES an assistant or deputy county attorney, municipal prosecutor or attorney general.

Sec. 8. Section 39-124, Arizona Revised Statutes, is amended to read:

39-124. Unlawfully releasing information identifying a peace officer, judge or prosecutor; classification; definition

A. Any person who is employed by a state or local government entity and who, in violation of section 39-123, knowingly releases the home address or home telephone number of a peace officer as defined in section 13-105, JUSTICE OF THE SUPREME COURT, JUDGE OF THE COURT OF APPEALS, JUDGE OR COMMISSIONER OF THE SUPERIOR COURT, MUNICIPAL COURT JUDGE, JUSTICE OF THE PEACE or a prosecutor with the intent to hinder an investigation, cause physical injury to a peace officer or prosecutor THE PERSON or the peace officer's or prosecutor's PERSON'S immediate family or CAUSE damage to the property of a peace officer or prosecutor THE PERSON or the peace officer's or prosecutor's PERSON'S immediate family is guilty of a class 6 felony.

B. Any person who is employed by a state or local government entity and who, in violation of section 39-123, knowingly releases a photograph of a peace officer who is serving in an undercover capacity or who is scheduled to serve in an undercover capacity within sixty days with the intent to hinder an investigation, cause physical injury to a peace officer or the peace officer's immediate family or CAUSE damage to the property of a peace officer or the peace officer's immediate family is guilty of a class 6 felony.

C. For the purposes of this section, "prosecutor" means A county attorney, A municipal prosecutor or THE attorney general and INCLUDES an assistant or deputy county attorney, municipal prosecutor or attorney general.