PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO S.B. 1108
(Reference to Senate engrossed bill)
Strike everything after the enacting clause and insert:
"Section 1. Section 6-1201, Arizona Revised Statutes, is amended to read:
6-1201. Definitions
In this chapter, unless the context otherwise requires:
1. "Authorized delegate" means a person designated by the licensee under section 6-1208.
2. "Check cashing" means exchanging for compensation a check, debit card payment order, draft, money order, traveler's check or payment instrument of a licensee for money delivered to the presenter at the time and place of the presentation.
3. "Control" means ownership of fifteen per cent or more of a licensee or controlling person, or the power to vote fifteen per cent or more of the outstanding voting securities of a licensee or controlling person. For the purpose of determining the percentage controlled by any one person, that person's interest shall be aggregated with the interest of any other person controlled by that person, or by an officer, partner or authorized delegate of that person, or by a spouse, parent or child of that person.
4. "Controlling person" means a person directly or indirectly in control of a licensee.
5. "Engage in the business" means conducting activities regulated under this chapter more than ten times in any calendar year for compensation or in the expectation of compensation. For purposes of this paragraph, "compensation" means any fee, commission or other benefit.
6. "Foreign money exchange" means exchanging for compensation money of the United States government or a foreign government to or from money of another government at a conspicuously posted exchange rate at the time and place of the presentation of the money to be exchanged.
7. "Licensee" means a person licensed under this chapter.
8. "Location" means a place of business at which activity regulated by this chapter occurs.
9. "Money" means a medium of exchange that is authorized or adopted by a domestic or foreign government as a part of its currency and that is customarily used and accepted as a medium of exchange in the country of issuance.
10. "Money
accumulation business" means obtaining money from a money transmitter as
part of any activity that is carried on for financial gain if the money that is
obtained by all persons acting in concert in the activity, in amounts of three
thousand dollars or more, totals over fifty thousand dollars in the preceding
twelve month period. Money accumulation
business does not include a person who is subject to the reporting requirements
under 31 United States Code section 5313.
The exception that is established by 31 United STates Code section 5331,
subsection (c), paragraph
(1) does not apply to persons who are engaged in the money accumulation
business.
10. 11. "Money transmitter" means a person who is located or doing business in this state, including a check casher and a foreign money exchanger, and who does any of the following:
(a) Sells or issues payment instruments.
(b) Engages in the business of receiving money for the transmission of or transmitting money.
(c) Engages in the business of exchanging payment instruments or money into any form of money or payment instrument.
(d) Engages in the business of receiving money for obligors for the purpose of paying that obligor's bills, invoices or accounts.
(e) Meets the definition of a bank, financial agency or financial institution as prescribed by 31 United States Code section 5312 or 31 Code of Federal Regulations section 103.11.
11. 12. "Outstanding payment instruments" means unpaid payment instruments whose sale has been reported to a licensee.
12. 13. "Payment instrument" means a check, draft, money order, traveler's check or other instrument or order for the transmission or payment of money sold to one or more persons whether or not that instrument or order is negotiable. Payment instrument does not include an instrument that is redeemable by the issuer in merchandise or service, a credit card voucher or a letter of credit.
13. 14. "Permissible investment" means any of the following:
(a) Money on hand or on deposit in the name of the licensee.
(b) Certificates of deposit or other debt instruments of a bank, savings and loan association or credit union.
(c) Bills of exchange or time drafts that are drawn on and accepted by a bank, otherwise known as banker's acceptances, and that are eligible for purchase by member banks of the federal reserve system.
(d) Commercial paper bearing a rating of one of the three highest grades as defined by a nationally recognized organization that rates these securities.
(e) Securities, obligations or other instruments whose payment is guaranteed by the general taxing authority of the issuer, of the United States or of any state or by any other governmental entity or any political subdivision or instrumentality of a governmental entity and that bear a rating of one of the three highest grades by a nationally recognized investment service organization that has been engaged regularly in rating state and municipal issues for at least five years.
(f) Stocks, bonds or other obligations of a corporation organized in any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico or the several territories organized by Congress that bear a rating of one of the three highest grades by a nationally recognized investment service organization that has been engaged regularly in rating corporate securities for at least five years.
(g) Any receivable that is due to a licensee from its authorized delegate pursuant to a contract between the licensee and authorized delegate as prescribed in section 6-1208 if the amount of investment in those receivables does not exceed ninety per cent of the total amount of those receivables after subtracting the amount of those receivables that are is past due or doubtful of collection.
14. 15. "Responsible individual" means a person who is employed by a licensee and who has principal active management authority over the business of the licensee in this state that is regulated under this chapter.
16. "Trade
or business" 2. "Trade or business" has the same
meaning prescribed in section 162 of the internal revenue code of 1954 and
includes the money accumulation business.
15. 17. "Transmitting money" means the transmission of money by any means including transmissions within this country or to or from locations abroad by payment instrument, wire, facsimile or electronic transfer, courier or otherwise.
16. 18. "Traveler's check" means an instrument identified as a traveler's check on its face or commonly recognized as a traveler's check and issued in a money multiple of United States or foreign currency with a provision for a specimen signature of the purchaser to be completed at the time of purchase and a countersignature of the purchaser to be completed at the time of negotiation.
"Sec. 2 Section 6-1219, Arizona Revised Statutes, is amended to read:
6-1219. Violation; classification
A. A person
who knowingly makes a false statement, misrepresentation or false certification
in any application, financial statement, account record, customer receipt,
report or other document filed or required to be maintained or filed under this
chapter or who knowingly makes a false entry or omits a material entry in any
such document is guilty of a class 3 felony.
B. A person who refuses to permit any lawful investigation by the superintendent, a county attorney or the attorney general or who refuses to make records available to the superintendent, a county attorney or the attorney general pursuant to section 6-1241, subsection H is guilty of a class 6 felony.
Sec. 1. Section 6-1241, Arizona Revised Statutes, is amended to read:
6-1241. Reports to the attorney general; violation; classification
A. Within
thirty days after any transaction or series or pattern of transactions that is
conducted or attempted by, at or through the business and that involves or
aggregates five thousand dollars or more in funds or other assets, each
licensee and authorized delegate of a licensee and each money transmitter shall
file with the attorney general's office in a form prescribed by the attorney
general a report of any suspicious
activity or business conducted by a customer that the transaction or series or pattern of transactions if the
licensee, authorized delegate or money transmitter believes knows, suspects or has reason to suspect that the activity
either:
1. Involves
funds that are derived from illegal activities, is intended or conducted in
order to hide or disguise funds or other assets that are derived from illegal
activities, including, without limitation, the ownership, nature, source,
location or control of the funds or other assets, as part of a plan to violate
or evade any law or regulation or to avoid any transaction reporting
requirement under this chapter or may constitute a possible money
laundering violation as provided in
under section 13-2317 or
other racketeering violation as defined in section 13-2301. That report shall be filed within fifteen days
of the suspicious activity.
2. Has no
business or apparent lawful purpose or is not the sort of activity in which the
particular customer would normally be expected to engage and the licensee,
authorized delegate or money transmitter knows of no reasonable explanation for
the activity after examining the available facts, including the background and
possible purpose of the activity.
B. A licensee, authorized delegate or money transmitter that is required to file a report regarding business conducted in this state pursuant to the currency and foreign transactions reporting act, (31 United States Code sections 5311 through 5326a and 31 Code of Federal Regulations part 103 or 12 Code of Federal Regulations section 21.11, ) shall file a duplicate of that report with the attorney general.
C. All persons who are engaged in a trade or business and who receive more than ten
thousand dollars in money in one transaction or who receive more than ten
thousand dollars in money through two or more related transactions shall
complete and file with the attorney general the information required by 26 United States Code section 6050I and 26 code
of federal regulations section 1.6050I 31 United STates Code section 5331 and the federal
regulations relating to this section concerning returns reports
relating to cash received in trade or business.
D. A licensee, authorized delegate or money transmitter that is regulated under the currency and foreign transaction transactions reporting act, (31 United States Code section 5325 and 31 Code of Federal Regulations part 103, ) and that is required to make available prescribed records to the secretary of the United States department of treasury on request at any time shall follow the same prescribed procedures and create and maintain the same prescribed records relating to a each transaction and shall make those records available to the attorney general on request at any time.
E. In
addition to the requirements under subsection D of this section and in
connection with each transaction that involves transmitting money in an amount
of three thousand dollars or more, whether sending or receiving, a licensee or
authorized delegate shall retain a record of each of the following:
1. the name
and social security or taxpayer identification number, if any, of the
individual presenting the transaction and the person and the entity on whose
behalf the transaction is to be effected.
2. the type
and number of the customer's verified photographic identification, as described
in 31 Code of Federal Regulations section 103.28.
3. the
customer's current occupation.
4. The
customer's current residential address.
5. The
customer's signature and inkless right index finger fingerprint. The fingerprint may be obtained as part of a
process of obtaining a signed sending request or receipt form, on which the
customer has placed the fingerprint.
F. Subsection
E of this section does not apply to transactions by which the licensee's
customer is making a bill payment either to a commercial creditor pursuant to a
contract between the licensee and the commercial creditor or to a utility
company.
G. Each
licensee shall create records that reflect the provision of updated operating
policies and procedures pursuant to section 6-1208, subsection B and of
instruction that promotes compliance with this chapter, title 13, chapter 23
and 31 United States Code section 5318, including the identification of the
provider and the material and instruction that was provided.
H. On
request of the attorney general, a county attorney or the superintendent, a
licensee, authorized delegate or money transmitter shall make any records that
are created pursuant to this section available to the attorney general, a
county attorney or the superintendent at any time.
I. A
licensee or authorized delegate shall maintain any customer identification
records, including fingerprints, that are created pursuant to subsection E of
this section for three years. After three
years, the licensee or authorized delegate shall deliver the customer
identification records to the attorney general. The attorney general shall make the records available on request
to the superintendent or a county attorney but shall not otherwise distribute
the customer identification records without a court order. The customer identification records shall
not be used for any purpose other than for criminal and civil prosecution and
the prevention and detection of fraud and other criminal conduct.
E. J. If the
superintendent or the attorney general finds
that reasonable grounds exist for requiring additional record keeping and
reporting in order to carry out the purposes of this chapter and to prevent the
evasion of this chapter, the superintendent or the attorney general may:
1. Issue an order requiring any group of licensees, authorized delegates or money transmitters in a geographic area to do any of the following:
1. (a) Obtain information regarding transactions that involve total dollar amounts or denominations of five hundred dollars or more, including the names and biometric identifiers of any persons participating in those transactions.
2. (b) Maintain records of that information for at least five years and make those records available to the attorney general and the superintendent.
3. (c) File a report with the attorney general and the superintendent regarding any transaction in the manner prescribed in the superintendent's order.
2. Issue an
order exempting any group of licensees or authorized delegates from the
requirements of subsection E of this section based on the geographic area, the
volume of business conducted, the record of compliance with the reporting
requirements of this chapter and other objective criteria.
F. K. An order issued by the superintendent pursuant to subsection E J of this section is not effective for more than sixty one hundred eighty days unless renewed by the superintendent after finding that reasonable grounds exist for continuation of the order.
G. L. The timely filing of a report required by this section with the appropriate federal agency shall be deemed compliance with the reporting requirements of this section, unless the attorney general has notified the superintendent that reports of that type are not regularly and comprehensively transmitted by that federal agency to the attorney general.
H. M. This chapter does not preclude a licensee, authorized delegate, money transmitter, financial institution or person engaged in a trade or business from instituting contact with and disclosing customer financial records to appropriate state or local law enforcement agencies if the licensee, authorized delegate, money transmitter, financial institution or person has information that may be relevant to a possible violation of any criminal statute or to the evasion or attempted evasion of any reporting requirement of this chapter.
I. N. A licensee, authorized delegate, money transmitter, financial institution, person engaged in a trade or business or director, officer, employee, agent or authorized delegate of any of them that keeps or files a record as prescribed by this section, or that communicates or discloses information or records under subsection H M of this section or that requires another to make any such disclosure is not liable to its customer, to a state or local agency or to any person for any loss or damage caused in whole or in part by the making, filing or governmental use of the report, or any information contained in that report any person under any law or rule of this state or any political subdivision of this state or under any contract or other legally enforceable agreement, including any arbitration agreement, for the disclosure or for the failure to provide notice of the disclosure to the person who is the subject of the disclosure or to any other person who is identified in the disclosure. This subsection shall be construed to be consistent with 31 United STates Code section 5318 (g)(3).
J. O. The attorney general may report any possible violations indicated by analysis of the reports required by this chapter to any appropriate law enforcement agency for use in the proper discharge of its official duties. If an officer or employee of this state or any political subdivision of this state receives a report pursuant to 31 United STates Code section 5318(g), the report shall be disclosed only as provided in 31 United States Code section 5318(g). A person who releases information received pursuant to this subsection except in the proper discharge of his official duties is guilty of a class 2 misdemeanor.
Sec. 2. Section 13-107, Arizona Revised Statutes, is amended to read:
13-107. Time limitations
A. A prosecution for any homicide, any offense that is listed in title 13, chapter 14 or chapter 35.1 of this title and that is a class 2 felony, any violent sexual assault pursuant to section 13‑1423, any violation of section 13-2308.01, any misuse of public monies or a felony involving falsification of public records or any attempt to commit an offense listed in this subsection may be commenced at any time.
B. Except as otherwise provided in this section, prosecutions for other offenses must be commenced within the following periods after actual discovery by the state or the political subdivision having jurisdiction of the offense or discovery by the state or the political subdivision that should have occurred with the exercise of reasonable diligence, whichever first occurs:
1. For a class 2 through a class 6 felony, seven years.
2. For a misdemeanor, one year.
3. For a petty offense, six months.
C. For the purposes of subsection B of this section, a prosecution is commenced when an indictment, information or complaint is filed.
D. The period of limitation does not run during any time when the accused is absent from the state or has no reasonably ascertainable place of abode within the state.
E. The period of limitation does not run for a serious offense as defined in section 13‑604 during any time when the identity of the person who commits the offense or offenses is unknown.
F. The time limitation within which a prosecution of a class 6 felony shall commence shall be determined pursuant to subsection B, paragraph 1 of this section, irrespective of whether a court enters a judgment of conviction for or a prosecuting attorney designates such the offense as a misdemeanor.
G. If a complaint, indictment or information filed before the period of limitation has expired is dismissed for any reason, a new prosecution may be commenced within six months after the dismissal becomes final even if the period of limitation has expired at the time of the dismissal or will expire within six months of the dismissal.
Sec. 3. Section 13-902, Arizona Revised Statutes, is amended to read:
13-902. Periods of probation
A. Unless terminated sooner, probation may continue for the following periods:
1. For a class 2 felony, seven years.
2. For a class 3 felony, five years.
3. For a class 4 felony, four years.
4. For a class 5 or 6 felony, three years.
5. For a class 1 misdemeanor, three years.
6. For a class 2 misdemeanor, two years.
7. For a class 3 misdemeanor, one year.
B. Notwithstanding subsection A of this section, unless terminated sooner, probation may continue for the following periods:
1. For a violation of section 28-1381 or 28-1382, five years.
2. For a violation of section 28-1383, ten years.
C. When the court has required, as a condition of probation, that the defendant make restitution for any economic loss related to the defendant's offense and that condition has not been satisfied, the court at any time prior to the termination or expiration of probation may extend the period within the following limits:
1. For a felony, not more than three years.
2. For a misdemeanor, not more than one year.
D. Notwithstanding any other provision of law, justice courts and municipal courts may impose the probation periods specified in subsection A, paragraphs 5, 6 and 7 and subsection B, paragraph 1 of this section.
E. After conviction of a felony offense or an attempt to commit any offense that is included in chapter 14 or 35.1 of this title or section 13‑2308.01, 13-2923 or 13-3623, if probation is available, probation may continue for a term not less than the term that is specified in subsection A of this section up to and including life and that the court believes is appropriate for the ends of justice.
Sec. 4. Section 13-1105, Arizona Revised Statutes, is amended to read:
13-1105. First degree murder; classification
A. A person commits first degree murder if:
1. Intending or knowing that the person's conduct will cause death, the person causes the death of another with premeditation.
2. Acting either alone or with one or more other persons the person commits or attempts to commit sexual conduct with a minor under section 13‑1405, sexual assault under section 13-1406, molestation of a child under section 13-1410, terrorism under section 13-2308.01, marijuana offenses under section 13-3405, subsection A, paragraph 4, dangerous drug offenses under section 13-3407, subsection A, paragraphs 4 and 7, narcotics offenses under section 13-3408, subsection A, paragraph 7 that equal or exceed the statutory threshold amount for each offense or combination of offenses, involving or using minors in drug offenses under section 13-3409, kidnapping under section 13-1304, burglary under section 13-1506, 13-1507 or 13-1508, arson under section 13-1703 or 13‑1704, robbery under section 13‑1902, 13-1903 or 13‑1904, escape under section 13-2503 or 13-2504, child abuse under section 13-3623, subsection A, paragraph 1, or unlawful flight from a pursuing law enforcement vehicle under section 28-622.01 and in the course of and in furtherance of the offense or immediate flight from the offense, the person or another person causes the death of any person.
3. Intending or knowing that the person's conduct will cause death to a law enforcement officer, the person causes the death of a law enforcement officer who is in the line of duty.
B. Homicide, as prescribed in subsection A, paragraph 2 of this section, requires no specific mental state other than what is required for the commission of any of the enumerated felonies.
C. First degree murder is a class 1 felony and is punishable by death or life imprisonment as provided by section 13-703.
Sec. 5. Section 13-2301, Arizona Revised Statutes, is amended to read:
13-2301. Definitions
A. For the purposes of sections 13‑2302, 13‑2303 and 13‑2304:
1. "Collect an extension of credit" means to induce in any way any person to make repayment of that extension.
2. "Creditor" means any person making an extension of credit or any person claiming by, under or through any person making an extension of credit.
3. "Debtor" means any person to whom an extension of credit is made or any person who guarantees the repayment of an extension of credit, or in any manner undertakes to indemnify the creditor against loss resulting from the failure of any person to whom an extension is made to repay the extension.
4. "Extend credit" means to make or renew any loan or to enter into any agreement, tacit or express, whereby the repayment or satisfaction of any debt or claim, whether acknowledged or disputed, valid or invalid, and however arising, may or shall be deferred.
5. "Extortionate extension of credit" means any extension of credit with respect to which it is the understanding of the creditor and the debtor at the time the extension is made that delay in making repayment or failure to make repayment could result in the use of violence or other criminal means to cause harm to the person or the reputation or property of any person.
6. "Extortionate means" means the use, or an express or implicit threat of use, of violence or other criminal means to cause harm to the person or the reputation or property of any person.
7. "Repayment of any extension of credit" means the repayment, satisfaction or discharge in whole or in part of any debt or claim, acknowledged or disputed, valid or invalid, resulting from or in connection with that extension of credit.
B. For the purposes of section 13‑2305, 13‑2306 or 13‑2307:
1. "Dealer in property" means a person who buys and sells property as a business.
2. "Stolen property" means property of another as defined in section 13‑1801 that has been the subject of any unlawful taking.
3. "Traffic" means to sell, transfer, distribute, dispense or otherwise dispose of stolen property to another person, or to buy, receive, possess or obtain control of stolen property, with the intent to sell, transfer, distribute, dispense or otherwise dispose of the property to another person.
C. For the purposes of this chapter:
1. "Biological
agent" means any microorganism, virus, infectious substance or biological
product that may be engineered through biotechnology or any naturally occurring
or bioengineered component of any microorganism, virus, infectious substance or
biological product and that is capable of causing any of the following:
(a) Death, disease or physical
injury in a human, animal, plant or other living organism.
(b) The deterioration or
contamination of air, food, water, equipment, supplies or material of any kind.
1. 2. "Combination" means persons who collaborate in carrying on or furthering the activities or purposes of a criminal syndicate even though such persons may not know each other's identity, membership in the combination changes from time to time or one or more members may stand in a wholesaler‑retailer or other arm's length relationship with others as to activities or dealings between or among themselves in an illicit operation.
3. "Communication service provider" has the same meaning prescribed in section 13-3001.
2. 4. "Criminal syndicate" means any combination of persons or enterprises engaging, or having the purpose of engaging, on a continuing basis in conduct that violates any one or more provisions of any felony statute of this state.
5. "Material
support or resources" includes money or other financial securities,
financial services, lodging, sustenance, training, safehouses, false
documentation or identification, communications equipment, facilities, weapons,
lethal substances, explosives, personnel, transportation, disguises and other
physical assets but does not include medical assistance, legal advice or
religious materials.
6. "Public
establishment" means a structure that is owned, leased or operated by this
state or a political subdivision of this state or a health care institution as
defined in section 36-401.
7. "terrorism"
means any unlawful act, including any completed or preparatory offense, that
involves the use of a deadly weapon, weapon of mass destruction or dangerous
instrument or the intentional or knowing infliction of serious physical injury
with the intent to either:
(a) Influence the policy or affect
the conduct of this state or any of the political subdivisions, agencies,
instrumentalities, officers or agents of this state.
(b) CAuse substantial damage to or
substantial interruption of public communications, communication service
providers, public transportation, common carriers, public utilities, public
establishments or other public services.
8. "Toxin"
means the toxic material of plants, animals, microorganisms, viruses, fungi or
infectious substances or a recombinant molecule, whatever its origin or method
of reproduction, including:
(a) Any poisonous substance or
biological product that may be engineered through biotechnology and that is
produced by a living organism.
(b) Any poisonous isomer or
biological product, homolog or derivative of such substance.
9. "Vector"
means a living organism or molecule, including a recombinant molecule or
biological product that may be engineered through biotechnology, that is
capable of carrying a biological agent or toxin to a host.
10. "weapon
of mass destruction" means:
(a) Any device or object that is
designed or that the person intends to use to cause multiple human deaths or
serious physical injuries through the use of an explosive as defined in section
13-3101 or the release, dissemination or impact of a toxin, biological agent,
poisonous chemical, or its precursor, or any vector.
(b) except as authorized and used in accordance with a license, registration or exemption by the radiation regulatory agency pursuant to section 30-672, any device or object that is designed or that the person intends to use to release radiation or radioactivity at a level that is dangerous to human life.
D. For the purposes of sections 13‑2312, through 13-2313, 13-2314 and 13‑2315, unless the context otherwise requires:
1. "Control", in relation to an enterprise, means the possession of sufficient means to permit substantial direction over the affairs of an enterprise and, in relation to property, means to acquire or possess.
2. "Enterprise" means any corporation, partnership, association, labor union or other legal entity or any group of persons associated in fact although not a legal entity.
3. "Financial institution" means any business under the jurisdiction of the state banking department or a banking or securities regulatory agency of the United States, a business coming within the definition of a bank, financial agency or financial institution as prescribed by 31 United States code section 5312 or 31 Code of federal regulations section 103.11 or a business under the jurisdiction of the securities division of the corporation commission, the state real estate department or the department of insurance.
4. "Racketeering" means any act, including any preparatory or completed offense, that is committed for financial gain, that is chargeable or indictable under the laws of the state or country in which the act occurred and, if the act occurred in a state or country other than this state, that would be chargeable or indictable under the laws of this state if the act had occurred in this state, and that would be punishable by imprisonment for more than one year under the laws of this state and, if the act occurred in a state or country other than this state, under the laws of the state or country in which the act occurred, regardless of whether such the act is charged or indicted, involving and the act involves either:
(a) Terrorism that results or is
intended to result in a risk of serious physical injury or death.
(b) Any of the following acts if
committed for financial gain:
(a) (i) Homicide.
(b) (ii) Robbery.
(c) (iii) Kidnapping.
(d) (iv) Forgery.
(e) (v) Theft.
(f) (vi) Bribery.
(g) (vii) Gambling.
(h) (viii) Usury.
(i) (ix) Extortion.
(j) (x) Extortionate extensions of credit.
(k) (xi) Prohibited drugs, marijuana or other prohibited chemicals or substances.
(l) (xii) Trafficking in explosives, weapons or stolen property.
(m) (xiii) Participating in a criminal syndicate.
(n) (xiv) Obstructing or hindering criminal investigations or prosecutions.
(o) (xv) Asserting false claims including, but not limited to, false claims asserted through fraud or arson.
(p) (xvi) Intentional or reckless false statements or publications concerning land for sale or lease or sale of subdivided lands or sale and mortgaging of unsubdivided lands.
(q) (xvii) Resale of realty with intent to defraud.
(r) (xviii) Intentional or reckless fraud in the purchase or sale of securities.
(s) (xix) Intentional or reckless sale of unregistered securities or real property securities.
(t) (xx) A scheme or artifice to defraud.
(u) (xxi) Obscenity.
(v) (xxii) Sexual exploitation of children a minor.
(w) (xxiii) Prostitution.
(x) (xxiv) Restraint of trade or commerce in violation of section 34‑252.
(y) (xxv) Terrorism.
(z) (xxvi) Money laundering.
(aa) (xxvii) Obscene or indecent telephone communications to minors for commercial purposes.
(bb) (xxviii) Counterfeiting marks as proscribed in section 44‑1453.
5. "Records" means any book, paper, writing, computer program, data, image or information that is collected, recorded, preserved or maintained in any form of storage medium.
6. "Remedy racketeering" means to enter a civil judgment pursuant to this chapter or chapter 39 of this title against property or a person who is subject to liability, including liability for injury to the state that is caused by racketeering or by actions in concert with racketeering.
E. For the purposes of sections 13‑2316, 13‑2316.01 and 13‑2316.02:
1. "Access" means to instruct, communicate with, store data in, retrieve data from or otherwise make use of any resources of a computer, computer system or network.
2. "Access device" means any card, token, code, account number, electronic serial number, mobile or personal identification number, password, encryption key, biometric identifier or other means of account access, including a canceled or revoked access device, that can be used alone or in conjunction with another access device to obtain money, goods, services, computer or network access or any other thing of value or that can be used to initiate a transfer of any thing of value.
3. "Computer" means an electronic device that performs logic, arithmetic or memory functions by the manipulations of electronic or magnetic impulses and includes all input, output, processing, storage, software or communication facilities that are connected or related to such a device in a system or network.
4. "Computer contaminant" means any set of computer instructions that is designed to modify, damage, destroy, record or transmit information within a computer, computer system or network without the intent or permission of the owner of the information, computer system or network. Computer contaminant includes a group of computer instructions, such as viruses or worms, that is self‑replicating or self‑propagating and that is designed to contaminate other computer programs or computer data, to consume computer resources, to modify, destroy, record or transmit data or in some other fashion to usurp the normal operation of the computer, computer system or network.
5. "Computer program" means a series of instructions or statements, in a form acceptable to a computer, that permits the functioning of a computer system in a manner designed to provide appropriate products from the computer system.
6. "Computer software" means a set of computer programs, procedures and associated documentation concerned with the operation of a computer system.
7. "Computer system" means a set of related, connected or unconnected computer equipment, devices and software, including storage, media and peripheral devices.
8. "Critical infrastructure resource" means any computer or communications system or network that is involved in providing services necessary to ensure or protect the public health, safety or welfare, including services that are provided by any of the following:
(a) Medical personnel and institutions.
(b) Emergency services agencies.
(c) Public and private utilities, including water, power, communications and transportation services.
(d) Fire departments, districts or volunteer organizations.
(e) Law enforcement agencies.
(f) Financial institutions.
(g) Public educational institutions.
(h) Government agencies.
9. "False or fraudulent pretense" means the unauthorized use of an access device or the use of an access device to exceed authorized access.
10. "Financial instrument" means any check, draft, money order, certificate of deposit, letter of credit, bill of exchange, credit card or marketable security or any other written instrument as defined in section 13‑2001 that is transferable for value.
11. "Network" includes a complex of interconnected computer or communication systems of any type.
12. "Property" means financial instruments, information, including electronically produced data, computer software and programs in either machine or human readable form, and anything of value, tangible or intangible.
13. "Proprietary or confidential computer security information" means information about a particular computer, computer system or network that relates to its access devices, security practices, methods and systems, architecture, communications facilities, encryption methods and system vulnerabilities and that is not made available to the public by its owner or operator.
14. "Services" includes computer time, data processing, storage functions and all types of communication functions.
Sec. 6. Section 13-2308.01, Arizona Revised Statutes, is amended to read:
13-2308.01. Terrorism; classification
A. It is unlawful for a person to intentionally or knowingly do any of the following:
1. Intentionally Engage in an act of terrorism. ; or
2. Intentionally Organize, manage, direct, supervise or finance acts an act of terrorism. ; or
3. Intentionally Solicit, incite or induce others to promote or further acts an act of terrorism. ; or
4. Without
lawful authority or when exceeding lawful authority, manufacture, sell,
deliver, display, use, make accessible to others, possess or exercise control
over a weapon of mass destruction knowing or having reason to know that the
device or object involved is a weapon of mass destruction.
5. Make
property available to another, by transaction, transportation or otherwise,
knowing or having reason to know that the property is intended to facilitate an
act of terrorism.
6. Intentionally furnish Provide advice, assistance or
direction in the conduct, financing or management of acts an
act of terrorism knowing or having reason to know that an act of terrorism has occurred
or may result by:
(a) Harboring or concealing any
person or property.
(b) Warning any person of impending
discovery, apprehension, prosecution or conviction. This subdivision does not apply to a warning that is given in
connection with an effort to bring another person into compliance with the law.
(c) Providing any person with
material support or resources or any other means of avoiding discovery,
apprehension, prosecution or conviction.
(d) Concealing or disguising the
nature, location, source, ownership or control of material support or
resources.
(e) Preventing or obstructing by
means of force, deception or intimidation anyone from performing an act that
might aid in the discovery, apprehension, prosecution or conviction of any
person or that might aid in the prevention of an act of terrorism.
(f) Suppressing by any act of
concealment, alteration or destruction any physical evidence that might aid in
the discovery, apprehension, prosecution or conviction of any person or that
might aid in the prevention of an act of terrorism.
(g) Concealing the identity of any
person.
B. this
section does not apply to any person who is a member or employee of the armed
forces of the United States, a federal or state governmental agency or any
political subdivision of a state, a charitable, scientific or educational
institution or a private entity if both of the following apply:
1. the
person is engaged in lawful activity within the scope of the person's
employment and the person is otherwise duly authorized or licensed to
manufacture, possess, sell, deliver, display, use, exercise control over or
make accessible to others any weapon of mass destruction or to otherwise engage
in any activity described in this paragraph.
2. The
person is in compliance with all applicable federal and state laws in doing so.
B. C. Terrorism A violation of subsection A of this section is
a class 2 felony, except that if the court finds that at least one of the
aggravating circumstances listed in section 13-702, subsection C applies, the
court may impose a life sentence. If the court imposes a life
sentence, the court may order that the defendant not be released on any basis
for the remainder of the defendant's natural life. If the court does
not sentence the defendant to natural life, the defendant shall not be released
on any basis until the completion of the service of twenty-five calendar years.
C. For the
purpose of this section, "terrorism" means any unlawful act,
including any completed or preparatory offense, involving the use of a deadly
weapon or dangerous instrument, or the intentional or knowing infliction of
physical injury or criminal damage to property committed for political or
financial gain with the intent to:
1. Intimidate
or coerce the state, any of its political subdivisions, agencies,
instrumentalities, officers or agents; or
2. Cause the impairment or interruption of public communications, public transportation, common carriers, public utilities or other public services.
Sec. 7. Section 13-2314.04, Arizona Revised Statutes, is amended to read:
13-2314.04. Racketeering; unlawful activity; civil remedies by private cause of action; definitions
A. A person who sustains reasonably foreseeable injury to his person, business or property by a pattern of racketeering activity, or by a violation of section 13‑2312 involving a pattern of racketeering activity, may file an action in superior court for the recovery of up to treble damages and the costs of the suit, including reasonable attorney fees for trial and appellate representation. If the person against whom a racketeering claim has been asserted, including a lien, prevails on that claim, the person may be awarded costs and reasonable attorney fees incurred in defense of that claim. No person may rely on any conduct that would have been actionable as fraud in the purchase or sale of securities to establish an action under this section except an action against a person who is convicted of a crime in connection with the fraud, in which case the period to initiate a civil action starts to run on the date on which the conviction becomes final.
B. The superior court has jurisdiction to prevent, restrain and remedy a pattern of racketeering activity as defined by this section or a violation of section 13‑2312 involving a pattern of racketeering activity, after making provision for the rights of all innocent persons affected by the violation and after a hearing or trial, as appropriate, by issuing appropriate orders.
C. Before a determination of liability these orders may include, but are not limited to, entering restraining orders or prohibitions or taking such other actions, including the acceptance of satisfactory performance bonds, the creation of receiverships and the enforcement of constructive trusts, in connection with any property or other interest subject to damage or other remedies or restraints pursuant to this section as the court deems proper.
D. After a determination of liability these orders may include, but are not limited to:
1. Ordering any person to divest himself of any interest, direct or indirect, in any enterprise.
2. Imposing reasonable restrictions on the future activities or investments of any person, including prohibiting any person from engaging in the same type of endeavor as the enterprise engaged in, the activities of which affect the laws of this state, to the extent the constitutions of the United States and this state permit.
3. Ordering dissolution or reorganization of any enterprise.
4. Ordering the payment of up to treble damages to those persons injured by a pattern of racketeering activity or a violation of section 13‑2312 involving a pattern of racketeering activity.
5. Prejudgment interest on damages, except that prejudgment interest may not be awarded on any increase in the damages authorized under paragraph 4 of this subsection.
6. A person or enterprise that acquires any property through an offense included in the definition of racketeering in section 13‑2301, subsection D, paragraph 4 or a violation of section 13‑2312 is an involuntary trustee. The involuntary trustee and any other person or enterprise, except a bona fide purchaser for value who is reasonably without notice of the unlawful conduct and who is not knowingly taking part in an illegal transaction, hold the property, its proceeds and its fruits in constructive trust for the benefit of persons entitled to remedies under this section.
E. A defendant convicted in any criminal proceeding is precluded from subsequently denying the essential allegations of the criminal offense of which he the defendant was convicted in any civil proceedings. For the purpose of this subsection, a conviction may result from a verdict or plea including a no contest plea.
F. Notwithstanding any law prescribing a lesser period but subject to subsection A of this section, the initiation of civil proceedings pursuant to this section shall be commenced within three years from the date the violation was discovered, or should have been discovered with reasonable diligence, and ten years after the events giving rise to the cause of action, whichever comes first.
G. The standard of proof in actions brought pursuant to this section is the preponderance of evidence test.
H. A person who files an action under this section shall serve notice and one copy of the pleading on the attorney general within thirty days after the action is filed with the superior court. This requirement is jurisdictional. The notice shall identify the action, the person and the person's attorney. Service of the notice does not limit or otherwise affect the right of the state to maintain an action under section 13‑2314 or to intervene in a pending action nor does it authorize the person to name this state or the attorney general as a party to the action.
I. On timely application, the attorney general may intervene in any civil action or proceeding brought under this section if the attorney general certifies that in his the attorney general's opinion the action is of special public importance. On intervention, the attorney general may assert any available claim and is entitled to the same relief as if the attorney general has instituted a separate action.
J. In addition to the state's right to intervene as a party in any action under this section, the attorney general may appear as amicus curiae in any proceeding in which a claim under this section has been asserted or in which a court is interpreting section 13‑2301, 13‑2312, 13‑2313, 13‑2314.01, 13‑2314.02 or 13‑2315 or this section.
K. A civil action authorized by this section is remedial and not punitive and does not limit and is not limited by any other previous or subsequent civil or criminal action under this title or any other provision of law. Civil remedies provided under this title are supplemental and not mutually exclusive, except that a person may not recover, for an action brought pursuant to this section, punitive damages or emotional injury damages in the absence of bodily injury.
L. A natural person shall not be held liable in damages or for other relief pursuant to this section based on the conduct of another unless the fact finder finds by a preponderance of the evidence that the natural person authorized, requested, commanded, ratified or recklessly tolerated the unlawful conduct of the other. An enterprise shall not be held liable in damages or for other relief pursuant to this section based on the conduct of an agent, unless the fact finder finds by a preponderance of the evidence that a director or high managerial agent performed, authorized, requested, commanded, ratified or recklessly tolerated the unlawful conduct of the agent. A bank or savings and loan association insured by the federal deposit insurance corporation or a credit union insured by the national credit union administration shall not be held liable in damages or for other relief pursuant to this section for conduct proscribed by section 13‑2317, subsection A, paragraph 1, based on acquiring or maintaining an interest in, or transporting, transacting, transferring or receiving funds belonging to a person other than the person presenting the funds, unless the fact finder finds by a preponderance of the evidence that the person or agent acquiring or maintaining an interest in, or transporting, transacting, transferring or receiving the funds on behalf of the defendant did so knowing that the funds were the proceeds of an offense and that a director or high managerial agent performed, authorized, requested, commanded, ratified or recklessly tolerated the unlawful conduct of the person or agent. A person or enterprise shall not be held liable in damages or for other relief pursuant to this section unless the fact finder makes particularized findings sufficient to permit full and complete review of the record, if any, of the conduct of the person. A natural person or enterprise shall not be held liable in damages for recklessly tolerating the unlawful conduct of another person or agent if the other person or agent engaged in unlawful conduct proscribed by section 13‑2301, subsection D, paragraph 4, subdivision (p), (r), (s) or (t) (b), item (xvi), (xviii), (xix) or (xx) and the unlawful conduct involved the purchase or sale of securities.
M. Notwithstanding subsection A of this section, a court shall not award costs, including attorney fees, if the award would be unjust because of special circumstances, including the relevant disparate economic position of the parties or the disproportionate amount of the costs, including attorney fees, to the nature of the damage or other relief obtained.
N. If the court determines that the filing of any pleading, motion or other paper under this section was frivolous or that any civil action or proceeding was brought or continued under this section in bad faith, vexatiously, wantonly or for an improper or oppressive reason, it shall award a proper sanction to deter this conduct in the future that may include the costs of the civil action or proceeding, including the costs of investigation and a reasonable attorney fee fees in the trial and appellate courts.
O. Notwithstanding any other law, a complaint, counterclaim, answer or response filed by a person in connection with a civil action or proceeding under this section shall be verified by at least one party or his the party's attorney. If the person is represented by an attorney, at least one attorney of record shall sign any pleading, motion or other paper shall be signed by at least one attorney of record in his the attorney's individual name, and his shall state the attorney's address shall be stated.
P. The verification by a person or his the person's attorney and the signature by an attorney required by subsection O of this section constitutes constitute a certification by the person or the person's attorney that he the person or the person's attorney has carefully read the pleading, motion or other paper and, based on a reasonable inquiry, believes all of the following:
1. It is well grounded in fact.
2. It is warranted by existing law or there is a good faith argument for the extension, modification or reversal of existing law.
3. It is not made for any bad faith, vexatious, wanton, improper or oppressive reason, including to harass, to cause unnecessary delay, to impose a needless increase in the cost of litigation or to force an unjust settlement through the serious character of the averment.
Q. If any pleading, motion or other paper is signed in violation of the certification provisions of this subsection P of this section, the court, on its own motion or on the motion of the other party and after a hearing and appropriate findings of fact, shall impose on the person who verified it or the attorney who signed it, or both, a proper sanction to deter this conduct in the future, including the costs of the proceeding under subsection N of this section.
Q. R. If any pleading, motion or other paper includes an averment of fraud or coercion, it shall state these circumstances with particularity with respect to each defendant.
R. S. In any civil action or proceeding under this section in which the pleading, motion or other paper does not allege a crime of violence as a racketeering act:
1. The term "racketeer" shall not be used in referring to any person.
2. The terms used to refer to acts of racketeering or a pattern of racketeering activity shall be "unlawful acts" or "a pattern of unlawful activity".
S. T. In this section, unless the context otherwise requires:
1. "Acquire" means for a person to do any of the following:
(a) Possess.
(b) Act so as to exclude another person from using the person's property except on his the person's own terms.
(c) Bring about or receive the transfer of any interest in property, whether to himself or to another person, or to secure performance of a service.
2. "Gain" means any benefit, interest or property of any kind without reduction for expenses of acquiring or maintaining it or incurred for any other reason.
3. "Pattern of racketeering activity" means either:
(a) At least two acts of racketeering as defined in section 13‑2301, subsection D, paragraph 4, subdivision (d), (e), (f), (g), (h), (i), (j), (m), (o), (p), (q), (r), (s), (t), (x) or (z) (b), item (iv), (v), (vi), (vii), (viii), (ix), (x), (xiii), (xv), (xvi), (xvii), (xviii), (xix), (xx), (xxiv) or (xxvi) that meet the following requirements:
(i) The last act of racketeering activity that is alleged as the basis of the claim occurred within five years of a prior act of racketeering.
(ii) The acts of racketeering that are alleged as the basis of the claim were related to each other or to a common external organizing principle, including the affairs of an enterprise. Acts of racketeering are related if they have the same or similar purposes, results, participants, victims or methods of commission or are otherwise interrelated by distinguishing characteristics.
(iii) The acts of racketeering that are alleged as the basis of the claim were continuous or exhibited the threat of being continuous.
(b) A single act of racketeering as defined in section 13‑2301, subsection D, paragraph 4, subdivision (a), (b), (c), (k), (l), (n), (u), (v), (w), (y), (aa) or (bb) item (i), (ii), (iii), (xi), (xii), (xiv), (xxi), (xxii), (xxiii), (xxv), (xxvii) or (xxviii).
4. "Proceeds" means any interest in property of any kind acquired through or caused by an act or omission, or derived from the act or omission, directly or indirectly, and any fruits of this interest, in whatever form.
Sec. 8. Section 13-2317, Arizona Revised Statutes, is amended to read:
13-2317. Money laundering; classifications; definitions
A. A person
is guilty of money laundering in the first degree if the person does any of the
following:
1. Knowingly
initiates, organizes, lans, finances, directs, manages, supervises or is in the
business of money laundering in violation of subsection B of this seciton.
2. Violates
subsection B of this section in the course of or for the purpose of
facilitating terrorism or murder.
A. B. A person is guilty of money laundering in the second degree who if the person does any of the following:
1. Acquires or maintains an interest in, transacts, transfers, transports, receives or conceals the existence or nature of racketeering proceeds knowing or having reason to know that they are the proceeds of an offense.
2. Makes property available to another by transaction, transportation or otherwise knowing that it is intended to be used to facilitate racketeering.
3. Conducts a transaction knowing or having reason to know that the property involved is the proceeds of an offense and with the intent to conceal or disguise the nature, location, source, ownership or control of the property or the intent to avoid a transaction reporting requirement under title 6, chapter 12 facilitate racketeering.
4. Intentionally or knowingly Makes a false statement, misrepresentation or false certification or makes a false entry or omits a material entry in any application, financial statement, account record, customer receipt, report or other document that is filed or required to be maintained or filed under title 6, chapter 12.
5. Intentionally
or knowingly evades or attempts to evade any reporting requirement under
section 6‑1241, whether by structuring transactions as described in 31
Code of federal regulations part 103, by causing any financial institution,
money transmitter, trade or business to fail to file the report, by failing to
file a required report or record or by any other means.
6. Intentionally
or knowingly Provides any false information or fails to disclose information
that causes any licensee, authorized delegate, money transmitter, trade or
business to either:
(a) Fail to file any report or
record that is required under section 6-1241.
(b) File such a report or record
that contains a material omission or misstatement of fact.
7. Intentionally
or knowingly Falsifies, conceals, covers up or misrepresents or attempts to
falsify, conceal, cover up or misrepresent the identity of any person in
connection with any transaction with a financial institution or money
transmitter.
8. In
connection with a transaction with a financial institution or money
transmitter, intentionally or knowingly makes, uses, offers or presents or
attempts to make, use, offer or present, whether accepted or not, a forged
instrument, a falsely altered or completed written instrument or a written
instrument that contains any materially false personal identifying information.
9. If the
person is a money transmitter, a person engaged in a trade or business or any
employee of a money transmitter or a person engaged in a trade or business,
intentionally or knowingly accepts false personal identifying information from
any person or otherwise knowingly incorporates false personal identifying
information into any report or record that is required by section 6-1241.
10. Intentionally
Conducts, controls, manages, supervises, directs or owns all or part of a money
transmitting business for which a license is required by title 6, chapter 12
unless the business is licensed pursuant to title 6, chapter 12 and complies
with the money transmitting business registration requirements under 31 United
States Code section 5330.
B. A person
who knowingly initiates, organizes, plans, finances, directs, manages,
supervises or is in the business of money laundering is guilty of money
laundering in the first degree.
C. In
addition to any other criminal or civil remedy, if a person violates subsection
A or B of this section as part of a pattern of violations that involve a total
of one hundred thousand dollars or more in any twelve month period the person is
subject to forfeiture of substitute assets in an amount that is three times the
amount that was involved in the pattern, including conduct that occurred before
and after the twelve month period.
C. D. Money laundering in the second degree is a class 3 felony. Money laundering in the first degree is a class 2 felony.
D. E. In For the purposes of this section:
1. "Acquire"
and "proceeds" have the same meaning as prescribed in section
13-2314.
1. The
following terms have the same meaning prescribed in section 6‑1201:
(a) "Authorized delegate".
(b) "Licensee".
(c) "Money transmitter".
(d) "Transmitting money".
2. the
following terms have the same meaning prescribed in section 13‑2001:
(a) "Falsely alters a written
instrument".
(b) "Falsely completes a
written instrument".
(c) "Falsely makes a written
instrument".
(d) "Forged instrument".
(e) "personal identifying
information".
(f) "Written instrument".
2. 3. "Financial instrument" and "racketeering" The following terms have the same meaning as prescribed in section 13-2301: .
(a) "Financial
institution".
(b) "Financial
instrument".
(c) "Racketeering".
4. the
following terms have the same meaning prescribed in section 13‑2314:
(a) "Acquire".
(b) "Proceeds".
G. For the
purposes of this section:
1. "Superintendent"
has the same meaning prescribed in section 6-101.
2. "Trade
or business" has the same meaning prescribed in section 162 of the
internal revenue code of 1954 and includes the money accumulation business.
3. "Transaction" means a purchase, sale, trade, loan, pledge, investment, gift, transfer, transmission, delivery, deposit, withdrawal, payment, transfer between accounts, exchange of currency, extension of credit, purchase or sale of any financial instrument or any other acquisition or disposition of property by whatever means.
Sec. 9. Section 13-2512, Arizona Revised Statutes, is amended to read:
13-2512. Hindering prosecution in the first degree; classification
A. A person commits hindering prosecution in the first degree if, with the intent to hinder the apprehension, prosecution, conviction or punishment of another for any felony, such the person renders assistance to such the other person.
B. Hindering prosecution in the first degree is a class 5 felony, except that hindering prosecution in the first degree that involves terrorism or murder is a class 3 felony.
Sec. 10. Title 13, chapter 29, Arizona Revised Statutes, is amended by adding section 13-2925, to read:
13-2925. Hoax; restitution; joint and several liability; classification; definition
A. It is
unlawful for a person to intentionally or knowingly engage in any conduct that
both:
1. Is likely
to impart the false impression that an act of terrorism as defined in section
13-2301 is taking place or will take place.
2. Would
reasonably be expected to cause or that causes an emergency response by a
governmental agency.
B. A person
who is convicted of a violation of this section is liable for any expenses that
are incurred incident to the emergency response and the investigation of the
commission of the offense. The expense
is a debt of the person. The public
agency, for profit entity or not for profit entity that incurred the expenses
may collect the debt proportionally.
The liability that is imposed under this subsection is in addition to
any other liability that may be imposed.
C. If more
than one person is liable for any expenses that are incurred under this
section, a person who is convicted of a violation of this section is jointly
and severally liable for these expenses.
D. A violation
of this section is a class 4 felony.
E. For the purposes of this section, "expenses" means any reasonable costs that are directly incurred by a public agency, for profit entity or not for profit entity that makes an appropriate emergency response to an incident or an investigation of the commission of the offense. Expenses includes the costs of providing police, fire fighting, rescue and emergency medical services at the scene of an incident and the salaries of the persons who respond to the incident. Expenses does not include any charges that are assessed by an ambulance service that is regulated pursuant to title 36, chapter 21.1, article 2.
Sec. 11. Section 13-3001, Arizona Revised Statutes, is amended to read:
13-3001. Definitions
In this chapter, unless the context otherwise requires:
1. "Aural transfer" means a communication containing the human voice at any point between and including the point of origin and the point of reception.
2. "Child monitoring device" means a device that is capable of transmitting an audio or audiovisual signal and that is installed or used in a residence for child supervision or safety monitoring by any parent, guardian or other responsible person in the person's own residence.
3. "Communication service provider" means any person who is engaged in providing a service that allows its users to send or receive oral, wire or electronic communications or computer services.
4. "Electronic communication" means any transfer of signs, signals, writing, images, sounds, data or intelligence of any nature that is transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic or photooptical system but that does not include any of the following:
(a) Any wire or oral communication.
(b) Any communication made through a tone-only paging device.
(c) Any communication from a tracking device.
5. "Electronic communication system" means any communication or computer facilities or related electronic equipment for the transmission, processing or electronic storage of electronic communications.
6. "Electronic storage" means either of the following:
(a) Any temporary, intermediate storage of a wire or electronic communication incidental to the electronic transmission.
(b) Any storage of the communication by an electronic communication service provider for purposes of backup protection of the communication.
7. "Intercept" means the aural or other acquisition of the contents of any wire, electronic or oral communication through the use of any electronic, mechanical or other device.
8. "Oral communication" means a spoken communication that is uttered by a person exhibiting who exhibits an expectation that such the communication is not subject to interception under circumstances justifying the expectation but does not include any electronic communication.
9. "Pen register" means a device or process that records or decodes electronic or other impulses that identify the numbers dialed or otherwise transmitted on the telephone line or communication facility to which the device is attached or the dialing, routing, addressing or signaling information that is transmitted by an instrument or facility from which a wire or electronic communication is transmitted but does not include the contents of any communication, except when used in connection with a court order issued pursuant to section 13-3010 or 13-3012. A pen register does not include a publicly available device or process that is otherwise not unlawful.
10. "Person" means any individual, enterprise, public or private corporation, unincorporated association, partnership, firm, society, governmental authority or entity, including the subscriber to the communication service involved, and any law enforcement officer.
11. "Readily accessible to the general public" means a radio communication that is not:
(a) Scrambled or encrypted.
(b) Transmitted using modulation techniques with essential parameters that have been withheld from the public to preserve the privacy of the communication.
(c) Carried on a subcarrier or other signal subsidiary to a radio transmission.
(d) Transmitted over a communication system provided by a common carrier, unless the communication is a tone-only paging system communication.
(e) Transmitted on frequencies allocated under part 25, subpart D, E or F or part 74 or part 94 of the rules of the federal communications commission. If a communication transmitted on a frequency allocated under part 74 is not exclusively allocated to broadcast auxiliary services, the communication is a two-way voice communication system by radio.
12. "Remote computing service" means providing to the public any computer storage or processing services by means of an electronic communication system.
13. "Trap and trace device" means a device or process that captures the incoming electronic or other impulses that identify the originating number of an instrument or device from which a wire or electronic communication was transmitted or the dialing, routing, addressing and signaling information that is reasonably likely to identify the source of a wire or electronic communication but does not include the content of any communication, except when used in connection with a court order issued pursuant to section 13-3010 or 13-3012. A trap and trace device does not include a publicly available device or process that is otherwise not unlawful.
14. "Wire communication" means any aural transfer that is made in whole or in part through the use of facilities for the transmission of communications by the aid of any wire, cable or other like connection between the point of origin and the point of reception, including the use of a connection in a switching station, and that is furnished or operated by any person who is engaged in providing or operating the facilities for the transmission of communications. Wire communication includes any electronic storage of the communication.
Sec. 12. Section 13-3012, Arizona Revised Statutes, is amended to read:
13-3012. Exemptions
The following are exempt from the provisions of this chapter:
1. The interception of wire, electronic or oral communications, the installation and operation of a pen register or trap and trace device, the providing of information, facilities or technical assistance to an investigative or law enforcement officer pursuant to a subpoena or an ex parte order granted pursuant to sections 13‑3010, 13‑3015, 13‑3016, 13‑3017 and 13‑3018 or an emergency interception made in good faith pursuant to section 13‑3015, including any of the foregoing acts by a communication service provider or its officers, agents or employees.
2. The normal use of services, equipment and facilities that are provided by a communication service provider pursuant to tariffs that are on file with the Arizona corporation commission or the federal communications commission and the normal functions of any operator of a switchboard.
3. Any officer, agent or employee of a communication service provider who performs acts that are otherwise prohibited by this article in providing, constructing, maintaining, repairing, operating or using the provider's services, equipment or facilities, protecting the provider's service, equipment and facilities from illegal use in violation of tariffs that are on file with the Arizona corporation commission or the federal communications commission and protecting the provider from the commission of fraud against it.
4. Providing requested information or any other response to a subpoena or other order that is issued by a court of competent jurisdiction or on demand of any other lawful authority.
5. The interception of wire or electronic communications or the use of a pen register or trap and trace device by a communication service provider or by a person providing technical assistance at the request of the communication service provider if the interception or use either:
(a) Relates to the operation, maintenance and testing of that service, the protection of the rights or property of the provider or the protection of users of that service from fraudulent, abusive or unlawful use of that service.
(b) Records the fact that a wire or electronic communication was initiated or completed in order to protect the provider, another provider furnishing service toward the completion of the communication or a user of that service from fraudulent, unlawful or abusive use of that service.
6. The interception of any radio communication that is transmitted:
(a) By any station for the use of the general public or if the transmission relates to ships, aircraft, vehicles or persons in distress.
(b) By any government, law enforcement, civil defense, private land mobile or public safety communication system, including police and fire systems, and that is readily accessible to the general public.
(c) By any station that operates on an authorized frequency within the bands that are allocated to the amateur, citizens band or general mobile radio services.
(d) By any marine or aeronautical communications system.
(e) Through a system using frequencies that are monitored by persons who are engaged in the provision or the use of the system or by other persons using who use the same frequency if the communication is not scrambled or encrypted.
7. The interception of wire or electronic communication if the transmission is causing harmful interference to any lawfully operating station or consumer electronic equipment, to the extent necessary to identify the source of the interference.
8. The use of a pen register or trap and trace device by a communication service provider for billing or recording as an incident to billing for communication services, or for cost accounting or other like purposes in the ordinary course of business.
9. The interception of any wire, electronic or oral communication by any person, if the interception is effected with the consent of a party to the communication or a person who is present during the communication, or the installation of a pen register or trap and trace device with the consent of a user or subscriber to the service.
10. Divulging the contents of a wire or electronic
communication and any related records
or information to a law enforcement agency by a remote computing
service or communication service provider, officer or employee if either:
(a) The contents, records or information were lawfully or inadvertently obtained by the service provider and appear to pertain to the commission of a crime.
(b) The provider reasonably believes
that an emergency involving immediate danger of death or serious physical
injury to any person justifies the disclosure of the contents, records or
information without delay.
11. Divulging
records or other information that pertains to a customer or subscriber by a
remote computing service or communication service provider, other than the
contents of a communication, either:
(a) As authorized by section
13-3016.
(b) With the customer's or
subscriber's consent.
(c) As may be necessary incident to
the rendition of the service or for the protection of the rights or property of
the provider of that service.
(d) to any person other than a
governmental agency.
11. 12. The interception or access of an electronic communication that is made through an electronic communication system and that is configured so that the electronic communication is readily accessible to the general public.
12. 13. For other users of the same frequency to intercept a radio communication that is made through a system that uses frequencies that are monitored by individuals who provide or use the system, if the communication is not scrambled or encrypted.
13. 14. The interception
of oral communications by means of a child monitoring device.
Sec. 13. Section 13-3017, Arizona Revised Statutes, is amended to read:
13-3017. Ex parte order for pen register or trap and trace device
A. Any prosecuting attorney or investigating peace officer of this state or its political subdivisions may apply to any justice of the supreme court, judge of the court of appeals, judge of the superior court or magistrate for an ex parte order authorizing the installation and use of a pen register or a trap and trace device. The application shall be made in writing and under oath and shall state:
1. The name and title of the applicant.
2. The
telephone number or communication facility on which the pen register or trap
and trace device is to be installed and the identity of the subscriber of the
telephone number or communication facility.
2. The
attributes of the communication, including the number or other identifier, the
identity, if known, of the subscriber and, if known, the location of the
telephone line or other facility to which the pen register or trap and trace
device is to be attached or applied and, if the order authorizes the
installation of a trap and trace device, the geographic limits of the order.
3. A certification by the applicant that the information likely to be obtained is relevant to an ongoing criminal investigation.
4. A statement of the offense to which the information likely to be obtained by the pen register or trap and trace device relates.
B. On proper application pursuant to subsection A, the judge shall issue an ex parte order authorizing the installation and use of a pen register or trap and trace device or process if the judge finds that the applicant has certified that the information likely to be obtained by such the installation and use is relevant to an ongoing criminal investigation. on service, the order applies to any person or entity that provides wire or electronic communication service in this state or that does business in this state and whose assistance may facilitate the execution of the order. If an order is served on any person or entity that is not specifically named in the order and on request of the person or entity, the prosecuting attorney or peace officer who serves the order shall provide written or electronic certification that the order applies to the person or entity being served. An order that is issued under this subsection shall specify all of the following:
1. The identity, if known, of the subscriber of the communication service or telephone line to which the pen register or trap and trace device is to be attached or applied.
2. The
identity, if known, of the person who is the subject of the criminal
investigation.
3. The number
and, if known, physical location of the communication facility or telephone
line to which the pen register or trap and trace device is to be attached and,
in the case of a trap and trace device, the geographic limits, if any, of the
trap and trace order.
2. The attributes of the communication to which the order applies, including the number or other identifier and, if known, the location of the telephone line or other facility to which the pen register or trap and trace device is to be attached or applied and, if the order authorizes the installation of a trap and trace device, the geographic limits of the order.
4. 3. A statement of the offense to which the information likely to be obtained by the pen register or trap and trace device relates.
5. 4. That, on the request of the applicant, the communication service provider shall furnish information, facilities and technical assistance necessary to accomplish the installation of the pen register or trap and trace device and to identify subscribers of any communication facility or telephone number obtained by operation of such device.
C. An order that is issued under this section authorizes the installation and use of a pen register or trap and trace device for a period of not to exceed sixty days. Extensions of the order may be granted, but only upon on an application and judicial finding pursuant to subsections A and B. The period of each extension granted shall not exceed sixty days.
Sec. 14. Section 13-3102, Arizona Revised Statutes, is amended to read:
13-3102. Misconduct involving weapons; defenses; classification; definitions
A. A person commits misconduct involving weapons by knowingly:
1. Carrying a deadly weapon without a permit pursuant to section 13‑3112 except a pocket knife concealed on his person; or
2. Carrying a deadly weapon without a permit pursuant to section 13‑3112 concealed within immediate control of any person in or on a means of transportation; or
3. Manufacturing, possessing, transporting, selling or transferring a prohibited weapon; or
4. Possessing a deadly weapon if such person is a prohibited possessor; or
5. Selling or transferring a deadly weapon to a prohibited possessor; or
6. Defacing a deadly weapon; or
7. Possessing a defaced deadly weapon knowing the deadly weapon was defaced; or
8. Using or possessing a deadly weapon during the commission of any felony offense included in chapter 34 of this title; or
9. Discharging a firearm at an occupied structure in order to assist, promote or further the interests of a criminal street gang, a criminal syndicate or a racketeering enterprise; or
10. Unless specifically authorized by law, entering any public establishment or attending any public event and carrying a deadly weapon on his person after a reasonable request by the operator of the establishment or the sponsor of the event or the sponsor's agent to remove his weapon and place it in the custody of the operator of the establishment or the sponsor of the event; or
11. Unless specifically authorized by law, entering an election polling place on the day of any election carrying a deadly weapon; or
12. Possessing a deadly weapon on school grounds; or
13. Unless specifically authorized by law, entering a commercial nuclear or hydroelectric generating station carrying a deadly weapon on his person or within the immediate control of any person; or
14. Supplying, selling or giving possession or
control of a firearm to another person if the person knows or has reason to
know that the other person would use the firearm in the commission of any
felony. ; or
15. Using,
possessing or exercising control over a deadly weapon during any act of
terrorism as defined in section 13-2301 or possessing or exercising control
over a deadly weapon knowing or having reason to know that it will be used to
facilitate any act of terrorism as defined in section 13‑2301.
B. Subsection A, paragraph 1 of this section shall not apply to a person in his dwelling, on his business premises or on real property owned or leased by that person.
C. Subsection A, paragraphs 1, 2, 3, 7, 10, 11, 12 and 13 of this section shall not apply to:
1. A peace officer or any person summoned by any peace officer to assist and while actually assisting in the performance of official duties; or
2. A member of the military forces of the United States or of any state of the United States in the performance of official duties; or
3. A warden, deputy warden or correctional officer of the state department of corrections; or
4. A person specifically licensed, authorized or permitted pursuant to a statute of this state or of the United States.
D. Subsection A, paragraphs 3 and 7 of this section shall not apply to:
1. The possessing, transporting, selling or transferring of weapons by a museum as a part of its collection or an educational institution for educational purposes or by an authorized employee of such museum or institution, if:
(a) Such museum or institution is operated by the United States or this state or a political subdivision of this state, or by an organization described in section 170(c) of title 26 of the United States Code as a recipient of a charitable contribution; and
(b) Reasonable precautions are taken with respect to theft or misuse of such material.
2. The regular and lawful transporting as merchandise; or
3. Acquisition by a person by operation of law such as by gift, devise or descent or in a fiduciary capacity as a recipient of the property or former property of an insolvent, incapacitated or deceased person.
E. Subsection A, paragraph 3 of this section shall not apply to the merchandise of an authorized manufacturer of or dealer in prohibited weapons, when such material is intended to be manufactured, possessed, transported, sold or transferred solely for or to a dealer or a regularly constituted or appointed state, county or municipal police department or police officer, or a detention facility, or the military service of this or another state or the United States, or a museum or educational institution or a person specifically licensed or permitted pursuant to federal or state law.
F. Subsection A, paragraph 1 of this section shall not apply to a weapon or weapons carried in a belt holster which holster is wholly or partially visible, or carried in a scabbard or case designed for carrying weapons which scabbard or case is wholly or partially visible or carried in luggage. Subsection A, paragraph 2 of this section shall not apply to a weapon or weapons carried in a case, holster, scabbard, pack or luggage which that is carried within a means of transportation or within a storage compartment, trunk or glove compartment of a means of transportation.
G. Subsection A, paragraph 10 of this section shall not apply to shooting ranges or shooting events, hunting areas or similar locations or activities.
H. Subsection A, paragraph 3 of this section shall not apply to a weapon described in section 13-3101, paragraph 7, subdivision (e), if such weapon is possessed for the purposes of preparing for, conducting or participating in lawful exhibitions, demonstrations, contests or athletic events involving the use of such weapon. Subsection A, paragraph 12 of this section shall not apply to a weapon if such weapon is possessed for the purposes of preparing for, conducting or participating in hunter or firearm safety courses.
I. Subsection A, paragraph 12 of this section shall not apply to the possession of a:
1. Firearm which that is not loaded and which that is carried within a means of transportation under the control of an adult provided that if the adult leaves the means of transportation the firearm shall not be visible from the outside of the means of transportation and the means of transportation shall be locked.
2. Firearm for use on the school grounds in a program approved by a school.
J. Misconduct involving weapons under subsection A, paragraph 9, or 14 or 15 of this section is a class 3 felony. Misconduct involving weapons under subsection A, paragraph 3, 4, or 8 or 13 of this section is a class 4 felony. Misconduct involving weapons under subsection A, paragraph 12 of this section is a class 1 misdemeanor unless the violation occurs in connection with conduct which violates the provisions of section 13-2308, subsection A, paragraph 5, section 13-2312, subsection C, section 13-3409 or section 13‑3411, in which case the offense is a class 6 felony. Misconduct involving weapons under subsection A, paragraphs paragraph 5, 6 and or 7 of this section is a class 6 felony. Misconduct involving weapons under subsection A, paragraphs paragraph 1, 2, 10, or 11 and 13 of this section is a class 1 misdemeanor.
K. For purposes of this section:
1. "Public establishment" means a structure, vehicle or craft that is owned, leased or operated by this state or a political subdivision of this state.
2. "Public event" means a specifically named or sponsored event of limited duration either conducted by a public entity or conducted by a private entity with a permit or license granted by a public entity. Public event does not include an unsponsored gathering of people in a public place.
3. "School" means a public or nonpublic kindergarten program, common school or high school.
4. "School grounds" means in, or on the grounds of, a school.
Sec. 15. Section 13-3704, Arizona Revised Statutes, is amended to read:
13-3704. Adding poison or another harmful substance to food, drink or medicine; classification
A. A person commits adding poison or other another harmful substance to food, drink or medicine by if the person intends to harm another human being and the person knowingly:
1. mingling Introduces, adds or mingles any poison
with, bacterium, virus or chemical compound into
any spring, well or reservoir of water to be taken by a human being; or.
2. mingling Introduces, adds or mingles any poison, bacterium, virus or chemical compound with
or any food, drink, medicine or other product to be taken by a
human being or applied to the body.
3. Placing places a needle, razor blade or any other harmful object or substance in any food, drink or medicine to be taken by a human being.
B. Adding poison or other harmful substance to food, drink or medicine A violation of this section is a class 6 felony.
Sec. 16. Section 13-3919, Arizona Revised Statutes, is amended to read:
13-3919. Receipt for property; definitions
A. When the If an officer takes any property under the warrant, he the officer shall give a detailed receipt for the property taken to the person from whom it was taken, or in whose possession it was found. If the property was not taken from a person, the officer shall leave the receipt at the place where he found the property was found.
B. the court may delay for a reasonable period the service of the detailed receipt required by subsection A of this section if all of the following applY:
1. the court finds that there is reasonable
cause to believe that the delay is necessary to protect the safety of any
person or to prevent flight from prosecution, tampering with evidence,
intimidation of witnesses or jeopardizing an investigation.
2. unless
the court finds reasonable necessity for the seizure, The warrant prohibits the
seizure of any tangible property, any wire or electronic communication or,
except as expressly provided in section 13-3016, any stored wire or electronic
information.
3. the
warrant provides for service of a detailed receipt within a reasonable period
after the execution of the warrant.
Extensions may be granted, but only on an application and judicial
finding. The period of each extension
shall not exceed ten days.
c. For the
purposes of this section:
1. "electronic
communication" has the same meaning prescribed in section 13-3001.
2. "Wire communication" has the same meaning prescribed in section 13‑3001.
Sec. 17. Section 13-3961, Arizona Revised Statutes, is amended to read:
13-3961. Offenses not bailable; preconviction; exceptions
A. A person who is in custody shall not be admitted to bail if the proof is evident or the presumption great that he the person is guilty of the offense and the offense charged is a capital offense.
B. A person who
is in custody shall not be admitted to bail if the person is
charged with a felony offense and the state certifies by motion and the court
finds after a hearing on the matter that there is clear and convincing evidence
that the person charged poses a substantial danger to another person or the
community or engaged in conduct
constituting a violent offense, that no condition or combination
of conditions of release may be imposed which
that will reasonably
assure the safety of the other person or the community and that the proof is
evident or the presumption great that the person committed the offense for
which he the person is charged. A
person poses a substantial danger to another person or the community if there
is clear and convincing evidence that the person in custody engaged in conduct
constituting a violent offense. for the
purposes of this subsection, "violent offense" means either of the
following:
1. A
dangerous crime against children.
2. Terrorism.
C. Upon ON oral motion of the state, the court shall order the hearing required by subsection B at or within twenty-four hours of the initial appearance unless the person who is subject to detention or the state moves for a continuance. A continuance that is granted on the motion of the person shall not exceed five calendar days unless there are extenuating circumstances. A continuance on the motion of the state shall be granted upon on good cause shown and shall not exceed twenty-four hours. The person may be detained pending the hearing. The person shall be is entitled to representation by counsel and shall be is entitled to present information by proffer or otherwise, to testify, and to present witnesses in his the person's own behalf. Testimony of the person charged that is given during the hearing shall not be admissible on the issue of guilt in any subsequent judicial proceeding, except as it might relate to the compliance with or violation of any condition of release subsequently imposed or the imposition of appropriate sentence or in perjury proceedings, or for the purposes of impeachment. The case of such person shall be placed on an expedited calendar and, consistent with the sound administration of justice, his the person's trial shall be given priority. Such person may be admitted to bail in accordance with the Arizona rules of criminal procedure whenever a judicial officer finds that a subsequent event has eliminated the basis for such detention.
D. The finding of an indictment or the filing of an information does not add to the strength of the proof or the presumption to be drawn therefrom.
E. If there is clear and convincing evidence that a person in custody engaged in conduct constituting a dangerous crime against children, the person poses a substantial danger to another person or the community for the purposes of subsection B.
Sec. 18. Section 26-168,
Arizona Revised Statutes, is amended to read:
26-168. Absence from employment for military duty; vacation and seniority rights; violation; classification
A. An employer shall not refuse to permit members of the national guard to take leaves of absence from employment for the purpose of complying with competent orders of the state or United States for active duty, or to attend camps, maneuvers, formations or armory drills. The leaves of absence shall not affect vacation rights which employees otherwise have, except that an employer need not consider the period of absence as a period of work performed for him in determining eligibility for vacation and the amount of vacation pay to which the employee is entitled.
B. A member of the national guard shall not lose seniority or precedence while absent under competent military orders. Upon return to employment the employee shall be returned to his previous position, or to a higher position commensurate with his ability and experience as seniority or precedence would ordinarily entitle him.
C. An officer or employee of the state, or any department or political subdivision thereof, who is a member of the national guard shall be entitled to leave of absence from his duties without loss of time or efficiency rating on all days during which he is engaged in field training as provided by this chapter and for a period during leave of absence not to exceed thirty days in any two consecutive years he shall be entitled to his pay. For purposes of this section, an officer or employee shall not be charged military leave for days on which the individual was not otherwise scheduled for work.
D. When
ordered by the Governor to perform training or duty under this section or
section 26-171, subsection C, section 26-172 or 26-175, members of the Arizona
national guard shall have the protections afforded to persons on federal active
duty by the soldiers and sailors civil relief act of 1940 (54 stat. 1178, 50
app. United states Code Annotated sections 501 through 548 and 560 through
591), and by the uniformed services employment and reemployment rights act of
1994 (108 Stat. 3149, 38 United states Code Annotated sections 4301 through
4333).
D. e. A person violating any provision of subsection A or B of this section is guilty of a class 3 misdemeanor.
Sec. 19. Section 26-171, Arizona Revised Statutes, is amended to read:
26-171. National guard training; inspection by department of defense; camp or field duty ordered by governor
A. Each unit of the national guard shall conduct training in accordance with instructions of the adjutant general and shall comply with the approved training schedules and programs prepared by the department of defense of the United States. Each unit or detachment shall assemble for drill and instruction, and shall participate in encampments, maneuvers or other exercises at times and places and under rules and regulations prescribed therefor. In addition, thereto the commanding officer of any organization may require the officers and enlisted personnel of his command to meet for ceremonies, parade, drill or instruction at times and places he designates.
B. Each unit of the national guard shall, not less than once each year, shall muster for inspection by an officer designated for that purpose by the secretary of defense or the secretary of any subdivision thereof.
C. The governor may order the national guard or any
part thereof of the national guard to
perform either:
1. Camp or field duty for periods of time he the governor deems advisable.
2. TRAINING OR ANY OTHER DUTY THAT IS AUTHORIZED UNDER THE ACT OF AUGUST 10, 1956 (70A Stat. 569; 32 United States Code sections 101 through 716) and under regulations that are prescribed by the President of the United States, the Secretary of Defense, the Secretary of the Army, the Secretary of the Air force or the Chief of the National Guard Bureau.
Sec. 20. Section 26-172, Arizona Revised Statutes, is amended to read:
26-172. Emergency mobilization; requests by municipalities for aid of national guard; mobilization into United States service
A. When the governor proclaims an emergency, or deems it necessary to protect lives or property, the governor may mobilize all or any part of the national guard or the unorganized militia into service of the state. The order directing the national guard or the unorganized militia, or any part thereof, to report for active duty shall state the purpose for which it is mobilized and the objectives to be accomplished.
B. The adjutant general shall issue orders for mobilization, appoint troop commanders and act as chief of staff to the governor. The adjutant general shall, with consent of the governor and in the name of the adjutant general, issue orders designating local commanders, giving tactical and administrative instructions, and defining the objectives of each mobilized unit.
C. The civil authorities of a county or municipality requiring aid of the national guard to quell any riot, insurrection or other civil disturbance shall submit to the governor a written request for aid, setting forth the particular object to be accomplished and the area affected. Upon receipt of the request the governor may by proclamation mobilize all or any part of the national guard or the unorganized militia, and the governor shall designate the adjutant general or an officer of the national guard to take command of the troops mobilized and to designate the troops to be used.
D. To request assistance of the national guard, or the unorganized militia, or any part thereof in a search or rescue operation involving the life or health of any person, the sheriff or other officer of a political subdivision who is conducting the search or rescue operation shall by the most rapid and suitable means of communication available convey the need to the state director of emergency management for transmittal to the governor. If the governor grants the request, the sheriff or other officer shall, within two days, shall transmit a written confirmation of the request to the governor.
E. If
the governor orders all or any part of the national guard or the unorganized
militia to perform training or duty pursuant to this section or section 26-171
or 26-175, the members of the national guard or the unorganized militia shall
have the same protections that are afforded to persons on federal active duty
by the Soldiers and Sailors Civil Relief Act of 1940 (54 Stat. 1178; 50 United
States Code appendix sections 501 through 548 and 560 though 591) and the
Uniformed Services Employment and Reemployment Rights Act of 1994 (108 Stat.
3149; 38 United States Code sections 4301 through 4333).
E. F. If the president of the United States directs mobilization of the national guard into the armed forces of the United States, the adjutant general shall effect the mobilization speedily and in the manner prescribed. Upon mobilization into the armed forces of the United States, the national guard shall pass to federal control and shall not be subject to military laws of the state until the time it reverts to control of the state.
Sec. 21. Section 36-902, Arizona Revised Statutes, is amended to read:
36-902. Prohibited acts
The following acts and the causing thereof within the state of Arizona are prohibited:
1. The manufacture, sale, delivery, holding or offering for sale of any food that is known to be adulterated or misbranded.
2. The adulteration or misbranding of any food.
3. The receipt in commerce of any food that is known to be adulterated or misbranded, and the delivery or proffered delivery thereof for pay or otherwise.
4. The dissemination of any false advertisement with respect to a food.
5. The giving of a guaranty or undertaking as provided for in section 36-914 which guaranty or undertaking is false, except by a person who relied on a guaranty or undertaking to the same effect signed by and containing the name and address of the person residing in the state of Arizona from whom he received the food in good faith.
6. The removal or disposal of a detained or embargoed food in violation of section 36-910.
7. The intentional alteration, mutilation, destruction, obliteration or removal of the whole or any part of the labeling of a food, or the doing of any other act with respect to a food, if such act is done while such food is held for sale and results in such food being adulterated or misbranded.
8. Forging, counterfeiting, simulating or falsely representing, or without proper authority using, any mark, stamp, tag, label or other identification device authorized or required by regulations promulgated under the provisions of this article or of the federal act.
9. Introducing, adding or mingling any poison, bacterium, virus or chemical compound with any food.
Sec. 22. Section 36-914, Arizona Revised Statutes, is amended to read:
36-914. Violation; classification; guaranty
A. Any person who violates any of the provisions of section 36‑902, paragraph 1, 2, 3, 4, 5, 6, 7 or 8 is guilty of a class 2 misdemeanor. Any person who violates section 36-902, paragraph 9 is guilty of a class 6 felony. In the instance of a continuing violation, each day constitutes a separate offense.
B. No person shall be subject to the penalties of subsection A of this section for having violated section 36-902, paragraph 1 or 3 of section 36-902 if he establishes a guaranty or undertaking, designating this article, and signed by and containing the name and address of the person residing in the state of Arizona, from whom he received the article in good faith, to the effect that such article is not adulterated or misbranded within the meaning of this article.
C. No publisher, broadcast or telecast licensee or agency or medium for the dissemination of an advertisement shall be liable under this section by reason of the dissemination by him of such false advertisement, unless one or more of the following exists:
1. He knew or had reason to know that the advertisement was false.
2. He is also the manufacturer, packer, distributor or seller of the food to which the false advertisement relates.
3. He has refused a request of the director to furnish the director the name and post-office post office address of the manufacturer, packer, distributor, seller or advertising agency who caused him to disseminate such advertisement.
Sec. 23. Section 39-123, Arizona Revised Statutes, is amended to read:
39-123. Information identifying a peace officer or prosecutor; confidentiality; 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 the number of any communication device of a peace officer as defined in section 13‑105 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 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 or the peace officer's or prosecutor's immediate family or damage to the property of the peace officer or prosecutor or the peace officer's or prosecutor'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. 24. Section 39-124, Arizona Revised Statutes, is amended to read:
39-124. Releasing information identifying a peace officer or prosecutor; violations; 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 the number of any communication device of a peace officer as defined in section 13‑105 or a prosecutor with the intent to hinder an investigation, cause physical injury to a peace officer or prosecutor or the peace officer's or prosecutor's immediate family or damage to the property of a peace officer or prosecutor or the peace officer's or prosecutor'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 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.
Sec. 25. Title 39, chapter 1, article 2, Arizona Revised Statutes, is amended by adding section 39-126, to read:
39-126. Law enforcement requests; public records exemption
A request by a law enforcement agency to inspect or copy a public record held by another public body, the custodian's response to the request and any information that would identify the public record that the law enforcement agency requested or the custodian provided are exempt from section 39‑121 during the period in which the information contained in the public record constitutes active criminal intelligence information or active criminal investigative information. The law enforcement agency shall give written notice to the public body when the criminal intelligence information or criminal investigative information is no longer active, and the public body's response to the request and information that would identify the public record requested shall be made available to the public.
Sec. 26. Section 41-1711, Arizona Revised Statutes, is amended to read:
41-1711. Department of public safety; purpose; location; qualifications of director; responsibilities
A. There shall be a The department of public safety which is established and is responsible for creating and coordinating services for use by local law enforcement agencies in protecting the public safety. The principal office and headquarters of the department shall be in Phoenix.
B. The
department shall:
1. Formulate plans with a view to establishing modern services for the prevention of crime, the apprehension of violators, the training of law enforcement personnel, and the promotion of public safety. The department shall in no way preempt the authority and jurisdiction of established agencies of political subdivisions of the this state.
2. Until December 31, 2007, with respect to
counterterrorism efforts, responses to acts of terrorism within or affecting
this state and other matters affecting the domestic security of this state as
it relates to terrorism, initial emergency and other initial responses. The department shall work closely with the
division of emergency management established by section 26-305, other federal,
state and local law enforcement agencies, fire and rescue agencies, first
responder agencies and any other agencies or persons that are involved in
preparing against or responding to acts of terrorism in this state. For the purposes of this paragraph,
"terrorism" has the same meaning prescribed in section 13‑2301.
C. The director shall be selected on the basis of training and experience with and shall have a minimum of five years' experience in the administration of law enforcement.
D. The governor shall appoint the director shall be appointed by the governor pursuant to section 38-211. to the director shall serve for a term of five years and shall be is subject to removal for cause, including but not limited to malfeasance, misfeasance and nonfeasance in office. The term shall expire expires on the third Monday in January of the appropriate year. The director shall receive annual compensation as determined pursuant to section 38-611.
E. The director shall be is directly responsible to the governor for the conduct and the administration of the department. If the director is unable to act, the deputy director shall direct the activities of the department during the period in which the director is unable to act. If the director and deputy director are unable to act, the governor shall direct the activities of the department during the period in which the director and deputy director are unable to act.
F. The director shall prescribe procedures for use of department personnel, facilities, equipment, supplies and other resources in assisting search or rescue operations.
G. The director shall be is responsible for the establishment, operation and maintenance of the statewide emergency medical services communication system prescribed by section 41-1835.
H. The director may purchase, lease, equip, staff and operate air ambulances, including ambulance helicopters, pursuant to section 41‑1834.
I. To limit the expenditures of monies derived from the state highway fund established pursuant to article IX, section 14, Constitution of Arizona, to traffic safety and traffic law enforcement purposes, the department of public safety shall:
1. Maintain a strict account of all costs incurred by each function of the department. Such costs shall be determined and allocated between traffic safety or traffic law enforcement functions and all other departmental functions and shall include such costs as wages or salaries, materials or supplies and equipment or facility use.
2. Immediately following the determination of all such costs certify to the office of strategic planning and budgeting the full amount of all such costs relating to the various functions within the department.
J. The office of strategic planning and budgeting shall annually submit a separate report to the legislature that is compiled from the department's functional costs certification indicating and that indicates the complete breakdown between those costs which that are related to traffic safety or traffic law enforcement functions and the various other functions within the department. The director of the department of administration shall include within the director's annual report to the legislature a recommendation for a separate appropriation to reimburse the state highway fund from the state general fund for any expenditures from the state highway fund during the prior fiscal year in excess of the total of all costs related to traffic safety or traffic law enforcement functions of the department.
K. The director shall establish a special hazardous materials emergency response organizational unit within the department to function as the initial response element of the hazardous materials emergency management program pursuant to section 26‑305.02.
L. The
department is designated as this state's recipient of federal victims of crime
act grants.
Sec. 27. Section 41-1750, Arizona Revised Statutes, is amended to read:
41-1750. Central state repository; department of public safety; duties; funds; accounts; definitions
A. Notwithstanding section 41‑2205, the department is responsible for the effective operation of the central state repository in order to collect, store and disseminate complete and accurate Arizona criminal history records and related criminal justice information. The department shall:
1. Procure from all criminal justice agencies in this state accurate and complete personal identification data, fingerprints, charges, process control numbers and dispositions and such other information as may be pertinent to all persons who have been charged with, arrested for, convicted of or summoned to court as a criminal defendant for a felony offense or an offense involving domestic violence as defined in section 13‑3601 or a violation of title 13, chapter 14 or title 28, chapter 4.
2. Collect information concerning the number and nature of offenses known to have been committed in this state and of the legal steps taken in connection with these offenses, such other information that is useful in the study of crime and in the administration of criminal justice and all other information deemed necessary to operate the statewide uniform crime reporting program and to cooperate with the federal government uniform crime reporting program.
3. Collect information concerning criminal offenses that manifest evidence of prejudice based on race, color, religion, national origin, sexual orientation, gender or disability.
4. Cooperate with the central state repositories in other states and with the appropriate agency of the federal government in the exchange of information pertinent to violators of the law.
5. Ensure the rapid exchange of information concerning the commission of crime and the detection of violators of the law among the criminal justice agencies of other states and of the federal government.
6. Furnish assistance to peace officers throughout this state in crime scene investigation for the detection of latent fingerprints and in the comparison of latent fingerprints.
7. Conduct periodic operational audits of the central state repository and of a representative sample of other agencies that contribute records to or receive criminal justice information from the central state repository or through the Arizona criminal justice information system.
8. Establish and enforce the necessary physical and system safeguards to ensure that the criminal justice information maintained and disseminated by the central state repository or through the Arizona criminal justice information system is appropriately protected from unauthorized inquiry, modification, destruction or dissemination as required by this section.
9. Aid and encourage coordination and cooperation among criminal justice agencies through the statewide and interstate exchange of criminal justice information.
10. Provide training and proficiency testing on the use of criminal justice information to agencies receiving information from the central state repository or through the Arizona criminal justice information system.
11. Operate and maintain the Arizona automated fingerprint identification system established pursuant to section 41‑2411.
12. Provide criminal history record information to the fingerprinting division for the purpose of screening applicants for fingerprint clearance cards.
B. The director may establish guidelines for the submission and retention of criminal justice information as deemed useful for the study or prevention of crime and for the administration of criminal justice.
C. The chief officers of criminal justice agencies of this state or its political subdivisions shall provide to the central state repository fingerprints and information concerning personal identification data, descriptions, crimes for which persons are arrested, process control numbers and dispositions and such other information as may be pertinent to all persons who have been charged with, arrested for, convicted of or summoned to court as criminal defendants for felony offenses or offenses involving domestic violence as defined in section 13‑3601 or violations of title 13, chapter 14 or title 28, chapter 4 that have occurred in this state.
D. The chief officers of law enforcement agencies of this state or its political subdivisions shall provide to the central state repository such information as necessary to operate the statewide uniform crime reporting program and to cooperate with the federal government uniform crime reporting program.
E. The chief officers of criminal justice agencies of this state or its political subdivisions shall comply with the training and proficiency testing guidelines as required by the department to comply with the federal national crime information center mandates.
F. The chief officers of criminal justice agencies of this state or its political subdivisions also shall provide to the criminal identification section information concerning crimes that manifest evidence of prejudice based on race, color, religion, national origin, sexual orientation, gender or disability.
G. The director shall authorize the exchange of criminal justice information between the central state repository, or through the Arizona criminal justice information system, whether directly or through any intermediary, only as follows:
1. With criminal justice agencies of the federal government, Indian tribes, this state or its political subdivisions and other states, upon on request by the chief officers of such agencies or their designated representatives, specifically for the purposes of the administration of criminal justice and for evaluating the fitness of current and prospective criminal justice employees.
2. With any noncriminal justice agency pursuant to a statute, ordinance or executive order that specifically authorizes the noncriminal justice agency to receive criminal history record information for the purpose of evaluating the fitness of current or prospective licensees, employees, contract employees or volunteers, on submission of the subject's fingerprints and the prescribed fee. Each statute, ordinance, or executive order that authorizes noncriminal justice agencies to receive criminal history record information for these purposes shall identify the specific categories of licensees, employees, contract employees or volunteers, and shall require that fingerprints of the specified individuals be submitted in conjunction with such requests for criminal history record information.
3. With the board of fingerprinting for the purpose of conducting good cause exceptions pursuant to section 41‑619.55.
4. With any individual for any lawful purpose on submission of the subject of record's fingerprints and the prescribed fee.
5. With the governor, if the governor elects to become actively involved in the investigation of criminal activity or the administration of criminal justice in accordance with the governor's constitutional duty to ensure that the laws are faithfully executed or as needed to carry out the other responsibilities of the governor's office.
6. With regional computer centers that maintain authorized computer‑to‑computer interfaces with the department, that are criminal justice agencies or under the management control of a criminal justice agency and that are established by a statute, ordinance or executive order to provide automated data processing services to criminal justice agencies specifically for the purposes of the administration of criminal justice or evaluating the fitness of regional computer center employees who have access to the Arizona criminal justice information system and the national crime information center system.
7. With an individual who asserts a belief that criminal history record information relating to the individual is maintained by an agency or in an information system in this state that is subject to this section. On submission of fingerprints, the individual may review this information for the purpose of determining its accuracy and completeness by making application to the agency operating the system. Rules adopted under this section shall include provisions for administrative review and necessary correction of any inaccurate or incomplete information. The review and challenge process authorized by this paragraph is limited to criminal history record information.
8. With individuals and agencies pursuant to a specific agreement with a criminal justice agency to provide services required for the administration of criminal justice pursuant to that agreement if the agreement specifically authorizes access to data, limits the use of data to purposes for which given and ensures the security and confidentiality of the data consistent with the provisions of this section.
9. With individuals and agencies for the express purpose of research, evaluative or statistical activities pursuant to an agreement with a criminal justice agency if the agreement specifically authorizes access to data, limits the use of data to research, evaluative or statistical purposes and ensures the confidentiality and security of the data consistent with this section.
10. With the auditor general for audit purposes.
11. With central state repositories of other states for noncriminal justice purposes for dissemination in accordance with the laws of those states.
12. On submission of the fingerprint card, with the department of economic security to provide criminal history record information on prospective adoptive parents for the purpose of conducting the preadoption certification investigation under title 8, chapter 1, article 1 if the department of economic security is conducting the investigation, or with an agency or a person appointed by the court, if the agency or person is conducting the investigation. Information received under this paragraph shall only be used for the purposes of the preadoption certification investigation.
13. With the department of economic security and the superior court for the purpose of evaluating the fitness of custodians or prospective custodians of juveniles including parents, relatives and prospective guardians. Information received under this paragraph shall only be used for the purposes of that evaluation. The information shall be provided on submission of either:
(a) The fingerprint card.
(b) The name, date of birth and social security number of the person.
14. On submission of a fingerprint card, provide criminal history record information to the superior court for the purpose of evaluating the fitness of investigators appointed under section 14‑5303 or 14‑5407, or guardians appointed under section 14‑5206.
15. With the supreme court to provide criminal history record information on prospective private fiduciaries pursuant to section 14‑5651.
16. With the department of juvenile corrections to provide criminal history record information pursuant to section 41‑2814.
17. On submission of the fingerprint card, provide criminal history record information to the Arizona peace officer standards and training board or a board certified law enforcement academy to evaluate the fitness of prospective cadets.
18. With the internet sex offender web site database established pursuant to section 13‑3827.
19. With licensees of the United States nuclear
regulatory commission for the purpose of determining whether an individual
should be granted unescorted access to the protected area of a commercial
nuclear generating station on submission of the subject of record's
fingerprints and the prescribed fee.
19. 20. With the state board of education for the purpose of evaluating the fitness of a certificated teacher or administrator or an applicant for a teaching or an administrative certificate provided that the state board of education or its employees or agents have reasonable suspicion that the certificated person engaged in conduct that would be a criminal violation of the laws of this state or was involved in immoral or unprofessional conduct or that the applicant engaged in conduct that would warrant disciplinary action if the applicant were certificated at the time of the alleged conduct. The information shall be provided on the submission of either:
(a) The fingerprint card.
(b) The name, date of birth and social security number of the person.
H. The director shall adopt rules necessary to execute the provisions of this section.
I. The director, in the manner prescribed by law, shall remove and destroy records that the director determines are no longer of value in the detection or prevention of crime.
J. The director shall establish a fee in an amount necessary to cover the cost of federal noncriminal justice fingerprint processing for criminal history record information checks that are authorized by law for noncriminal justice employment, licensing or other lawful purposes. An additional fee may be charged by the department for state noncriminal justice fingerprint processing. Fees submitted to the department for state noncriminal justice fingerprint processing are not refundable.
K. The director shall establish a fee in an amount necessary to cover the cost of processing copies of department reports, eight by ten inch black and white photographs or eight by ten inch color photographs of traffic accident scenes.
L. Except as provided in subsection O of this section, each agency authorized by this section may charge a fee, in addition to any other fees prescribed by law, in an amount necessary to cover the cost of state and federal noncriminal justice fingerprint processing for criminal history record information checks that are authorized by law for noncriminal justice employment, licensing or other lawful purposes.
M. A fingerprint account within the records processing fund is established for the purpose of separately accounting for the collection and payment of fees for noncriminal justice fingerprint processing by the department. Monies collected for this purpose shall be credited to the account, and payments by the department to the United States for federal noncriminal justice fingerprint processing shall be charged against the account. Monies in the account not required for payment to the United States shall be used by the department in support of the department's noncriminal justice fingerprint processing duties. At the end of each fiscal year, any balance in the account not required for payment to the United States or to support the department's noncriminal justice fingerprint processing duties reverts to the state general fund.
N. A records processing fund is established for the purpose of separately accounting for the collection and payment of fees for department reports and photographs of traffic accident scenes processed by the department. Monies collected for this purpose shall be credited to the fund and shall be used by the department in support of functions related to providing copies of department reports and photographs. At the end of each fiscal year, any balance in the fund not required for support of the functions related to providing copies of department reports and photographs reverts to the state general fund.
O. The department of economic security may pay from appropriated monies the cost of federal fingerprint processing or federal criminal history record information checks that are authorized by law for employees and volunteers of the department, guardians pursuant to section 46‑134, subsection A, paragraph 15, the licensing of foster parents or the certification of adoptive parents.
P. The director shall adopt rules that provide for:
1. The collection and disposition of fees pursuant to this section.
2. The refusal of service to those agencies that are delinquent in paying these fees.
Q. The director shall ensure that the following limitations are observed regarding dissemination of criminal justice information obtained from the central state repository or through the Arizona criminal justice information system:
1. Any criminal justice agency that obtains criminal justice information from the central state repository or through the Arizona criminal justice information system assumes responsibility for the security of the information and shall not secondarily disseminate this information to any individual or agency not authorized to receive this information directly from the central state repository or originating agency.
2. Dissemination to an authorized agency or individual may be accomplished by a criminal justice agency only if the dissemination is for criminal justice purposes in connection with the prescribed duties of the agency and not in violation of this section.
3. Criminal history record information disseminated to noncriminal justice agencies or to individuals shall be used only for the purposes for which it was given. Secondary dissemination is prohibited unless otherwise authorized by law.
4. The existence or nonexistence of criminal history record information shall not be confirmed to any individual or agency not authorized to receive the information itself.
5. Criminal history record information to be released for noncriminal justice purposes to agencies of other states shall only be released to the central state repositories of those states for dissemination in accordance with the laws of those states.
6. Criminal history record information shall be released to noncriminal justice agencies of the federal government pursuant to the terms of the federal security clearance information act (P.L. 99‑169).
R. This section and the rules adopted under this section apply to all agencies and individuals collecting, storing or disseminating criminal justice information processed by manual or automated operations if the collection, storage or dissemination is funded in whole or in part with monies made available by the law enforcement assistance administration after July 1, 1973, pursuant to title I of the crime control act of 1973, and to all agencies that interact with or receive criminal justice information from or through the central state repository and through the Arizona criminal justice information system.
S. This section does not apply to criminal history record information contained in:
1. Posters, arrest warrants, announcements or lists for identifying or apprehending fugitives or wanted persons.
2. Original records of entry such as police blotters maintained by criminal justice agencies, compiled chronologically and required by law or long‑standing custom to be made public if these records are organized on a chronological basis.
3. Transcripts or records of judicial proceedings if released by a court or legislative or administrative proceedings.
4. Announcements of executive clemency or pardon.
5. Computer databases, other than the Arizona criminal justice information system, that are specifically designed for community notification of an offender's presence in the community pursuant to section 13‑3825 or for public informational purposes authorized by section 13‑3827.
T. Nothing in this section prevents a criminal justice agency from disclosing to the public criminal history record information that is reasonably contemporaneous to the event for which an individual is currently within the criminal justice system, including information noted on traffic accident reports concerning citations, blood alcohol tests, intoxilyzer tests or arrests made in connection with the traffic accident being investigated.
U. In order to ensure that complete and accurate criminal history record information is maintained and disseminated by the central state repository:
1. The arresting authority shall take legible fingerprints of all persons arrested for offenses specified in subsection C of this section and, within ten days of the arrest, the arresting authority shall forward the fingerprints to the department in the manner or form required by the department. On the issuance and service of a summons for a defendant who is charged with a felony offense, a violation of title 13, chapter 14 or title 28, chapter 4 or a domestic violence offense as defined in section 13‑3601, the court shall order that the defendant be fingerprinted by the appropriate law enforcement agency and that the defendant appear at a designated time and place for fingerprinting. At the initial appearance or on the arraignment of a summoned defendant who is charged with a felony offense, a violation of title 13, chapter 14 or title 28, chapter 4 or a domestic violence offense as defined in section 13‑3601, the court shall order that the defendant be fingerprinted at a designated time and place by the appropriate law enforcement agency if the court has reasonable cause to believe that the defendant was not previously fingerprinted.
2. In every criminal case in which the defendant is incarcerated or fingerprinted as a result of the charge, an originating law enforcement agency or prosecutor, within forty days of the disposition, shall advise the central state repository of all dispositions concerning the termination of criminal proceedings against an individual arrested for an offense specified in subsection C of this section. This information shall be submitted on a form or in a manner required by the department.
3. Dispositions resulting from formal proceedings in a court having jurisdiction in a criminal action against an individual who is arrested for an offense specified in subsection C of this section or section 8‑341, subsection R shall be reported to the central state repository within forty days of the date of the disposition. This information shall be submitted on a form or in a manner specified by rules approved by the supreme court.
4. The state department of corrections or the department of juvenile corrections, within forty days, shall advise the central state repository that it has assumed supervision of a person convicted of an offense specified in subsection C of this section or section 8‑341, subsection R. The state department of corrections or the department of juvenile corrections shall also report dispositions that occur thereafter to the central state repository within forty days of the date of the dispositions. This information shall be submitted on a form or in a manner required by the department of public safety.
5. Each criminal justice agency shall query the central state repository before dissemination of any criminal history record information to ensure the completeness of the information. Inquiries shall be made before any dissemination except in those cases in which time is of the essence and the repository is technically incapable of responding within the necessary time period. If time is of the essence, the inquiry shall still be made and the response shall be provided as soon as possible.
V. The director shall adopt rules specifying that any agency that collects, stores or disseminates criminal justice information that is subject to this section shall establish effective security measures to protect the information from unauthorized access, disclosure, modification or dissemination. The rules shall include reasonable safeguards to protect the affected information systems from fire, flood, wind, theft, sabotage or other natural or man‑made hazards or disasters.
W. The department shall make available to agencies that contribute to, or receive criminal justice information from, the central state repository or through the Arizona criminal justice information system a continuing training program in the proper methods for collecting, storing and disseminating information in compliance with this section.
X. Nothing in this section creates a cause of action or a right to bring an action including an action based on discrimination due to sexual orientation.
Y. For purposes of this section:
1. "Administration of criminal justice" means performance of the detection, apprehension, detention, pretrial release, post‑trial release, prosecution, adjudication, correctional supervision or rehabilitation of criminal offenders. Administration of criminal justice includes enforcement of criminal traffic offenses and civil traffic violations, including parking violations, when performed by a criminal justice agency. Administration of criminal justice also includes criminal identification activities and the collection, storage and dissemination of criminal history record information.
2. "Administrative records" means records that contain adequate and proper documentation of the organization, functions, policies, decisions, procedures and essential transactions of the agency and that are designed to furnish information to protect the rights of this state and of persons directly affected by the agency's activities.
3. "Arizona criminal justice information system" or "system" means the statewide information system managed by the director for the collection, processing, preservation, dissemination and exchange of criminal justice information and includes the electronic equipment, facilities, procedures and agreements necessary to exchange this information.
4. "Central state repository" means the central location within the department for the collection, storage and dissemination of Arizona criminal history records and related criminal justice information.
5. "Criminal history record information" and "criminal history record" means information that is collected by criminal justice agencies on individuals and that consists of identifiable descriptions and notations of arrests, detentions, indictments and other formal criminal charges, and any disposition arising from those actions, sentencing, formal correctional supervisory action and release. Criminal history record information and criminal history record do not include identification information to the extent that the information does not indicate involvement of the individual in the criminal justice system or information relating to juveniles unless they have been adjudicated as adults.
6. "Criminal justice agency" means either:
(a) A court at any governmental level with criminal or equivalent jurisdiction, including courts of any foreign sovereignty duly recognized by the federal government.
(b) A government agency or subunit of a government agency that is specifically authorized to perform as its principal function the administration of criminal justice pursuant to a statute, ordinance or executive order and that allocates more than fifty per cent of its annual budget to the administration of criminal justice. This subdivision includes agencies of any foreign sovereignty duly recognized by the federal government.
7. "Criminal justice information" means information that is collected by criminal justice agencies and that is needed for the performance of their legally authorized and required functions, such as criminal history record information, citation information, stolen property information, traffic accident reports and wanted persons information. Criminal justice information does not include the administrative records of a criminal justice agency.
8. "Disposition" means information disclosing that a decision has been made not to bring criminal charges or that criminal proceedings have been concluded or information relating to sentencing, correctional supervision, release from correctional supervision, the outcome of an appellate review of criminal proceedings or executive clemency.
9. "Dissemination" means the written, oral or electronic communication or transfer of criminal justice information to individuals and agencies other than the criminal justice agency that maintains the information. Dissemination includes the act of confirming the existence or nonexistence of criminal justice information.
10. "Management control":
(a) Means the authority to set and enforce:
(i) Priorities regarding development and operation of criminal justice information systems and programs.
(ii) Standards for the selection, supervision and termination of personnel involved in the development of criminal justice information systems and programs and in the collection, maintenance, analysis and dissemination of criminal justice information.
(iii) Policies governing the operation of computers, circuits and telecommunications terminals used to process criminal justice information to the extent that the equipment is used to process, store or transmit criminal justice information.
(b) Includes the supervision of equipment, systems design, programming and operating procedures necessary for the development and implementation of automated criminal justice information systems.
11. "Process control number" means the Arizona automated fingerprint identification system number that attaches to each arrest event at the time of fingerprinting and that is assigned to the arrest fingerprint card, disposition form and other pertinent documents.
12. "Secondary dissemination" means the dissemination of criminal justice information from an individual or agency that originally obtained the information from the central state repository or through the Arizona criminal justice information system to another individual or agency.
13. "Sexual orientation" means consensual homosexuality or heterosexuality.
14. "Subject of record" means the person who is the primary subject of a criminal justice record."
Amend title to conform
WES MARSH |