SB1723

Official summary

SB1723 - 572R - Senate Fact Sheet Assigned to JUDE�������������������������������������������������������������������������������������������������������� AS PASSED BY HOUSE ARIZONA STATE SENATE Fifty-Seventh Legislature, Second Regular Session AMENDED FACT SHEET FOR S.B. 1723 domestic violence; release conditions Purpose Requires a judicial officer to impose, where available, electronic monitoring as a condition of being released on bail or on the person's own recognizance if the person is charged with a felony offense involving domestic violence offense that results in physical harm to another person. Requires a defendant subject to an order of protection to provide identifying information to the plaintiff as outlined. Background Persons may file a verified petition with a magistrate, justice of the peace or superior court judge for an order of protection for the purpose of restraining a person from committing an act of domestic violence. If the court issues an order of protection, the court may: 1) enjoin the defendant from committing a violation of acts that constitute domestic violence; 2) grant one party the use and exclusive possession of the parties' residence on a showing that there is reasonable cause to believe that physical harm may otherwise result; 3) restrain the defendant from contacting the plaintiff and from coming near the residence, employment or school of the plaintiff; 4) prohibit the defendant from possessing or purchasing a firearm for the duration of the order if a credible threat to the safety of the plaintiff is found; 5) require the defendant to complete domestic violence offender treatment; 6) grant the plaintiff exclusive custody of animals as outlined; and 7) grant other relief necessary for the protection of the victim ( A.R.S. � 13-3602 ). When appearing before a judicial officer, a person who is charged with a bailable offense must be ordered release pending trial on the person's own recognizance or on the execution of bail in an amount specified by the judicial officer. After providing notice to the victim, the judicial officer may impose certain conditions on the person who is released, including: 1) placement in the custody of a designated person or organization; 2) placement of restrictions on the person's travel, associates or place of abode during the period of release; 3) a requirement to deposit cash or other security with the clerk of the court; 4) a prohibition against the person possessing any deadly weapon, engaging in certain activities or indulging in drugs or alcohol; 5) a requirement that the person regularly report to an remain under the supervision of an officer of the court; and 6) imposition of any other conditions deemed reasonably necessary to assure appearance. In addition to these conditions, the judicial officer must also impose a condition of electronic monitoring if the defendant is charged with a felony sexual offense ( A.R.S. � 13-3967 ). There is no anticipated fiscal impact to the state General Fund associated with this legislation. Provisions 1. Allows a court that has issued an order of protection against a defendant, after a hearing and on a showing that the defendant has a prior history of harming the plaintiff and that there is reasonable cause to believe physical harm would result without the information, to require the defendant to provide identifying information to the plaintiff, including the defendant's: a) residence; b) place of employment; or c) vehicle information. 2. Allows the superior court, in an action in family court and after a hearing afforded to a person who is under an order of protection, to modify the order of protection only as to a child who is common to the parties and who is included on the order of protection. 3. Specifies that such a modification may only be made if it is in the best interest of the child and requires the modification to be limited solely to effectuating parenting time orders between the defendant and the common child. 4. Requires a judicial officer to impose electronic monitoring, where available, and a no-contact order on a defendant who is charged with a felony offense involving domestic violence that results in physical harm against another person and who is released on bail or on the person's own recognizance. 5. Makes technical changes. 6. Becomes effective on the general effective date. Amendments Adopted by Committee 1. Requires the court, when determining whether significant domestic violence or a significant history of domestic violence has occurred, to consider the: a) seriousness of the particular act or acts of domestic violence; b) frequency or pervasiveness of the act or acts of domestic violence; c) amount of time since the act or acts of domestic violence occurred; and d) impact of the act of acts of domestic violence. 2. Requires the safety and well-being of the child to be the controlling factor in any determination of legal decision-making or parenting time matter. 3. Prohibits the court from considering the completion of outlined programs or classes as proof alone of rehabilitation, or as a rebuttal of the presumption that a joint decision-making award to the parent who has committed domestic violence is not in the best interest of the child. 4. Prohibits the court from awarding unsupervised parenting time if the court finds the existence of significant domestic violence or a significant history of domestic violence. 5. Defines significant domestic violence as including, but not limited to, the threatened, risked or inflicted physical injury or emotional trauma by a parent on a child or the other parent, or, an act or acts by a parent that involve the threat, use of brandishing of a firearm or other dangerous weapon to threaten or intimidate the child or the other parent. Amendments Adopted by Committee of the Whole 1. Specifies that electronic monitoring may only be imposed on a person who is charged with a domestic violence offense and subsequently released on bail if the domestic violence resulted in physical harm to another person. 2. Stipulates that the requirement for a domestic violence offender to provide certain identifying information to the plaintiff may only be imposed after a hearing where it is established that the defendant has a prior history of harming the plaintiff. 3. Modifies the definition of significant domestic violence to include a parent's pattern of coercive or controlling behavior that is intended to limit the autonomy of the other parent by way of: a) controlling or monitoring daily activities, movements, communications, finances, travel, associations or access to services; b) isolating the other parent from family or support systems; or c) using threats of self-harm or suicide to compel compliance. Amendments Adopted by the House of Representatives 1. Removes all provisions modifying parenting time considerations, criteria used to determine a child's best interests and methods by which domestic violence is weighted in making these determinations. 2. Allows the superior court, in an action in family court and after a hearing afforded to a person who is under an order of protection, to modify the order of protection only as to a child who is common to the parties and who is in included on the order of protection. 3. Specifies that such a modification may only be made if it is in the best interest of the child and requires the modification to be limited solely to effectuating parenting time orders between the defendant and the common child. Senate Action ��������������������������������������������������������� House Action JUDE������������� 2/20/26����� DPA��� 4-2-1������������������ JUD���������������� 3/25/26����� DP������������� 9-0-0-1 3 rd Read��������� 3/10/26����������������� 28-1-1���������������� 3 rd Read��������� 6/10/26������������������������� 51-0-9 3 rd Read*������� 3/10/26����������������� 26-3-1 *on reconsideration Prepared by Senate Research June 10, 2026 ZD/ci