ARIZONA STATE SENATE
Phoenix, Arizona
judges’
personal information; records exemption
Permits justices, judges, superior court commissioners, public defenders, victims of domestic violence and persons protected under an order of protection or injunction against harassment to request that the general public be prohibited from accessing personal information contained in public records.
Over the past several years, public officials, including peace officers and prosecutors, have received statutory protections prohibiting the public’s access to records containing the officials’ personal information. Laws 1999, Chapter 261 made knowingly making available on the Internet personal information about a peace officer a crime. Laws 2001, Chapter 301 added prosecutors, public defenders and any individual under an order of protection or injunction against harassment to the list of persons whose voter registration can be sealed.
Currently, law allows a prosecutor or peace officer to file an affidavit with the presiding superior court judge requesting the prohibition of public access to the official’s personal information. If the judge determines that the request should be granted, a court order is then forwarded to the county clerk instructing the prohibition of public access to the specified records.
H.B. 2340 allows justices, public defenders, domestic violence victims and persons under an order of protection or injunction against harassment to request that personal information contained in public records be inaccessible to the general public. The records that may be blocked from public access include records maintained by the Arizona Department of Transportation and the county assessor, recorder and treasurer’s offices.
A fiscal impact to the State may derive from a potential increase in the number of persons incarcerated by the Arizona Department of Corrections and the increased duties to entities relating to the sealing records.
1. Adds justices of the Supreme Court, judges of the Court of Appeals, judges or commissioners of the superior court, municipal court judges, justices of the peace, public defenders, domestic violence victims and persons who are protected under an order of protection or injunction against harassment as parties who may request that the public be prohibited from accessing their personal identifying information.
2. Includes justices, judges, superior court commissioners and public defenders in laws that protect against the release of personal identifying information on the world wide web or by a person employed by a government entity.
3. Removes the requirement that persons requesting prohibition of public access to their personal identifying information reside in a county of more than 500,000 people.
4. Requires the prohibition of public access to personal identifying information, upon request, of any person who resides at the residence of a person who is protected under an order of protection or injunction against harassment.
5. Specifies that when a person protected under any state’s order of protection or injunction against harassment requests an entity to prohibit public access to the person’s personal identifying information, the requested entity must do so within 120 days of receipt of the court order.
6. Repeals a dually enacted section of law regarding confidentiality of voter records.
7. Provides “domestic violence” and “public defender” definitions.
8. Makes technical and conforming changes
9. Provides for a general effective date.
Judiciary 2/12/02 DP 9-0-0-1
RGO 3/19/02 DPA 8-0-0-2
3rd Read 4/02/02 43-12-5-0
Prepared by Senate Staff
April 5, 2002