crimes; hostility towards victims; sentencing

HB2175 - 572R - H Ver

House Engrossed

crimes; hostility
towards victims; sentencing

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HOUSE BILL 2175

AN
ACT

AMENDING TITLE 13, CHAPTER 7, ARIZONA
REVISED STATUTES, BY ADDING SECTION 13-722; AMENDING SECTIONS 13-1203, 13-1602,
13-4903, 13-4904 AND 41-1750, ARIZONA REVISED STATUTES;
RELATING TO SENTENCING.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it
enacted by the Legislature of the State of Arizona:

Section
1.
1. Title
13, chapter 7, Arizona Revised Statutes, is amended by adding section 13-722,
to read:

START_STATUTE
13-722.

Special sentencing provisions; offenses committed out of malice
towards the victim; exception

A. A person who is convicted of
committing a felony violation of chapter 11 of this title, section 13-1204

SUBSECTION A, PARAGRAPHS 1 THROUGH 7, OR PARAGRAPH 12, or
13-1602, chapter 17 of this title or section
13-2923
AND THE TRIER OF FACT FINDS BEYOND A REASONABLE DOUBT THE OFFENSE WAS COMMITTED
out of hostility toward a victim because of the victim's identity in a group
listed in section 41-1750, subsection a, paragraph 3 OR because of THE
DEFENDANT'S PERCEPTION OF THE vICTIM'S IDENTITY in a group listed in section 41-1750,
subsection a, paragraph 3 is not eligible for suspension of sentence, probation
or release from confinement on any basis except as authorized by section 31-233,
subsection A or B until the sentence imposed by the court has been served, the
person is eligible for release pursuant to section 41-1604.07 or the
sentence is commuted. The presumptive, minimum and maximum sentence
for the offense shall be increased by
one year if the
offense is a class 4, 5 or 6 felony or shall be increased by
two years if the offense is a class 2 or 3 felony. �The additional
sentence imposed pursuant to this section is in addition to any enhanced
sentence that may be applicable.

B. This section does not apply to A
PERSON who is CONVICTED OF a violation of section 13-1203, subsection c
or section 13-1602, subsection C, paragraph 6.

C. This section does not affect or
limit a person's constitutional right to the lawful expression of free speech
or other recognized rights that are secured by the Constitution or laws of this
state or by the Constitution or laws of the United States.
END_STATUTE

Sec.
2.
2. Section
13-1203, Arizona Revised Statutes, is amended to read:

START_STATUTE
13-1203.

Assault; classification

A. A person commits assault by:

1. Intentionally, knowingly or recklessly causing
any physical injury to another person; or

2. Intentionally placing another person in
reasonable apprehension of imminent physical injury; or

3. Knowingly touching another person with the intent
to injure, insult or provoke such person.

B. Assault committed intentionally or knowingly
pursuant to subsection A, paragraph 1 is a class 1
misdemeanor. Assault committed recklessly pursuant to subsection A,
paragraph 1 is a class 2 misdemeanor. Assault committed pursuant to
subsection A, paragraph 2 or 3 is a class 3 misdemeanor.

C. Notwithstanding subsection B of
this section, Assault committed pursuant to subsection A, paragraph 1 of this
section is a class 6 felony if
THE TRIER OF FACT FINDS
BEYOND A REASONABLE DOUBT the defendant committed the offense out of hostility
toward the victim because of the victim's identity in a group listed in section
41-1750, subsection a, paragraph 3 or because of the defendant's
perception of the victim's identity in a group listed in section 41-1750,
subsection a, paragraph 3. This subsection does not affect or limit a person's
constitutional right to the lawful expression of free speech or other
recognized rights that are secured by the Constitution or laws of this state or
by the Constitution or laws of the United States.

END_STATUTE

Sec.
3.
3. Section
13-1602, Arizona Revised Statutes, is amended to read:

START_STATUTE
13-1602.

Criminal damage; classification

A. A person commits criminal damage by:

1. Recklessly defacing or damaging property of
another person.

2. Recklessly tampering with property of another
person so as substantially to impair its function or value.

3. Recklessly damaging property of a utility.

4. Recklessly physically obstructing a passageway in
such a manner as to
deprive livestock of access to the
only reasonably available water
.

5. Recklessly drawing or inscribing a message,
slogan, sign or symbol that is made on any public or private building,
structure or surface, except the ground, and that is made without permission of
the owner.

6. Intentionally tampering with utility property.

C.

B.
For
a violation of subsection A, paragraph 5 of this section, in determining the
amount of damage to property, damages include reasonable labor costs of any
kind, reasonable material costs of any kind and any reasonable costs that are
attributed to equipment that is used to abate or repair the damage to the
property.

B.

C.
Criminal
damage is punished as follows:

1. Criminal damage is a class 4 felony if the person
recklessly damages property of another in an amount of $10,000 or more.

2. Criminal damage is a class 4 felony if the person
recklessly damages the property of a utility in an amount of $5,000 or more or
if the person intentionally tampers with utility property and the damage causes
an imminent safety hazard to any person.

3. Criminal damage is a class 5 felony if the person
recklessly damages property of another in an amount of $2,000 or more but less
than $10,000 or if the damage is inflicted to promote, further or assist any
criminal street gang or criminal syndicate with the intent to intimidate and
the person is not subject to paragraph 1 or 2 of this subsection.

4. Criminal damage is a class 6 felony if the person
recklessly damages property of another in an amount of $1,000 or more but less
than $2,000.

5. Criminal damage is a class 1 misdemeanor if the
person recklessly damages property of another in an amount of more than $250
but less than $1,000.

6. Notwithstanding paragraph 5 of
this subsection, Criminal damage is a class 6 felony if the defendant
recklessly damages property of another in an amount of more than $250 but less
than $1,000 and
THE TRIER OF FACT FINDS BEYOND A
REASONABLE DOUBT the defendant committed

the offense out
of hostility toward the victim because of the victim's identity in a group
listed in section 41-1750, subsection a, paragraph 3 or because of the
defendant's perception of the victim's identity in a group listed in section 41-1750,
subsection a, paragraph 3. This paragraph does not affect or limit a
person's constitutional right to the lawful expression of free speech or other
recognized rights that are secured by the Constitution or laws of this state or
by the Constitution or laws of the United States.

6.
7
. In
all other cases criminal damage is a class 2 misdemeanor.
END_STATUTE

Sec.
4.
4. Section
13-4903, Arizona Revised Statutes, is amended to read:

START_STATUTE
13-4903.

Use of force; armed nuclear security guards

A. An armed nuclear security guard is justified in
using physical force against another person at a commercial nuclear generating
station or structure or fenced yard of a commercial nuclear generating station
if the armed nuclear security guard reasonably believes that such force is
necessary to prevent or terminate the commission or attempted commission of
criminal damage under section 13-1602, subsection A, paragraph 3 and
subsection
B

C
, paragraph 1 or
2, misconduct involving weapons under section 13-3102, subsection A,
paragraph 13 or criminal trespass on a commercial nuclear generating station
under section 13-4902.

B. Notwithstanding sections 13-403, 13-404,
13-405, 13-406, 13-408, 13-409, 13-410 and 13-411,
an armed nuclear security guard is justified in using physical force up to and
including deadly physical force against another person at a commercial nuclear
generating station or structure or fenced yard of a commercial nuclear
generating station if the armed nuclear security guard reasonably believes that
such force is necessary to:

1. Prevent the commission of manslaughter under
section 13-1103, second or first degree murder under section 13-1104
or 13-1105, aggravated assault under section 13-1204, subsection A,
paragraph 1 or 2, kidnapping under section 13-1304, burglary in the
second or first degree under section 13-1507 or 13-1508, arson of a
structure or property under section 13-1703, arson of an occupied
structure under section 13-1704, armed robbery under section 13-1904
or an act of terrorism under section 13-2308.01.

2. Defend oneself or a third person from the use or
imminent use of deadly physical force.

C. Notwithstanding any other provision of this
chapter, an armed nuclear security guard is justified in threatening to use
physical or deadly physical force if and to the extent a reasonable armed
nuclear security guard believes it necessary to protect oneself or others
against another person's potential use of physical force or deadly physical
force.

D. An armed nuclear security guard is not subject to
civil liability for engaging in conduct that is otherwise justified pursuant to
this chapter.
END_STATUTE

Sec.
5.
5. Section
13-4904, Arizona Revised Statutes, is amended to read:

START_STATUTE
13-4904.

Detention authority; armed nuclear security guards

A. An armed nuclear security guard, with reasonable
belief, may detain in or on a commercial nuclear generating station or a
structure or fenced yard of a commercial nuclear generating station in a
reasonable manner and for a reasonable time any person who is suspected of
committing or attempting to commit manslaughter under section 13-1103,
second or first degree murder under section 13-1104 or 13-1105,
aggravated assault under section 13-1204, subsection A, paragraph 1 or 2,
kidnapping under section 13-1304, burglary in the second or first degree
under section 13-1507 or 13-1508, criminal damage under section 13-1602,
subsection A, paragraph 3 and subsection
B

C
, paragraph 1 or 2, arson of a structure or property under
section 13-1703, arson of an occupied structure under section 13-1704,
armed robbery under section 13-1904, an act of terrorism under section 13-2308.01,
misconduct involving weapons under section 13-3102, subsection A,
paragraph 13 or criminal trespass on a commercial nuclear generating station
under section 13-4902 for the purpose of summoning a law enforcement
officer.

B. Reasonable belief of an armed nuclear security
guard is a defense to a civil or criminal action against an armed nuclear
security guard for false arrest, false or unlawful imprisonment or wrongful
detention.
END_STATUTE

Sec.
6.
6. Section
41-1750, Arizona Revised Statutes, is amended to read:

START_STATUTE
41-1750.

Central state repository; department of public safety; duties;
funds; accounts; definitions

A. 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 may procure criminal history records and related criminal justice
information for violations that are not listed in this section. 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 any of the following:

(a) A felony offense or an
offense involving domestic violence as defined in section 13-3601.

(b) A violation of title
13, chapter 14 or title 28, chapter 4.

(c) An offense listed in:

(i) Section 32-2422,
subsection A, paragraph 4.

(ii) Section 32-2441,
paragraph 4.

(iii) Section 32-2612,
subsection A, paragraph 4.

(iv) Section 32-2622,
subsection A, paragraph 4.

(v) Section 41-1758.03,
subsections B and C.

(vi) Section 41-1758.07,
subsections B and C.

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,

political affiliation,
antisemitism 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 by 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. Criminal justice
agencies may provide criminal history records and related criminal justice
information for violations that are not listed in this
section. Except for the requirements listed in subsection U of this
section, 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, including other biometric data, as
may be pertinent to all persons who have been charged with, arrested for,
convicted of or summoned to court as criminal defendants for any of the
following:

1. Felony offenses or
offenses involving domestic violence as defined in section 13-3601.

2. Violations of title 13,
chapter 14 or title 28, chapter 4 that have occurred in this state.

3. An
offense listed in:

(a) Section
32-2422, subsection A, paragraph 4.

(b) Section 32-2441,
paragraph 4.

(c) Section 32-2612,
subsection A, paragraph 4.

(d) Section 32-2622,
subsection A, paragraph 4.

(e) Section 41-1758.03,
subsections B and C.

(f) Section 41-1758.07,
subsections B and C.

D. The chief officers of
law enforcement agencies of this state or its political subdivisions shall
provide to the department 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 department information concerning crimes that manifest
evidence of prejudice based on race, color, religion, national origin, sexual
orientation, gender, antisemitism 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, 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. Fingerprints
submitted pursuant to this paragraph may be searched through the department and
the federal bureau of investigation to conduct criminal history records
checks. The department may conduct criminal history records checks
through state and federal rap back services
for the
purpose of updating the status of current criminal justice employees or
volunteers and may notify the criminal justice agency of the results of the
records check. The department is authorized to submit fingerprints to the
federal bureau of investigation to be retained for the purpose of being
searched by future submissions to the federal bureau of investigation,
including latent fingerprint searches.
The
department may retain fingerprints submitted pursuant to this paragraph for the
purpose of being searched by future submissions to the department, including
latent fingerprint searches.

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. Fingerprints submitted pursuant to this
paragraph may be searched through the department and the federal bureau of
investigation to conduct criminal history records checks. The
department may conduct criminal history records checks through state and
federal rap back services for the purpose of updating the status of current
licensees, employees, contract employees or volunteers and may notify the
noncriminal justice agency of the results of the records check. The department
is authorized to submit fingerprints to the federal bureau of investigation to
be retained for the purpose of being searched by future submissions to the
federal bureau of investigation, including latent fingerprint
searches. The department is authorized to retain fingerprints
submitted pursuant to this paragraph for the purpose of being searched by
future submissions to the department, including latent fingerprint searches.

3. With the board of
fingerprinting for the purpose of conducting good cause exceptions pursuant to
section 41-619.55 and central registry exceptions pursuant to section 41-619.57.

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 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 child safety and a tribal social
services agency 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
child safety, a tribal social services agency 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, guardians appointed under section
14-5206 or 14-5304 or conservators appointed under section 14-5401.

15. With the supreme court
to provide criminal history record information on prospective 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 website 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.

20. With the state board
of education for the purpose of evaluating the fitness of a certificated
educator, an applicant for a teaching or administrative certificate or a
noncertificated person as defined in section 15-505 if the state board of
education or its employees or agents have reasonable suspicion that the
educator or 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.

21. With each school district and charter school in
this state. The department of education and the state board for charter schools
shall provide the department of public safety with a current list of email
addresses for each school district and charter school in this state and shall
periodically provide the department of public safety with updated email
addresses. If the department of public safety is notified that a
person who is required to have a fingerprint clearance card to be employed by
or to engage in volunteer activities at a school district or charter school has
been arrested for or convicted of an offense listed in section 41-1758.03,
subsection B or has been arrested for or convicted of an offense that amounts
to unprofessional conduct under section 15-550, the department of public
safety shall notify each school district and charter school in this state that
the person's fingerprint clearance card has been suspended or revoked.

22. With a tribal social services agency and the
department of child safety as provided by law, which currently is the Adam
Walsh child protection and safety act of 2006 (42 United States Code section
16961), for the purposes of investigating or responding to reports of child
abuse, neglect or exploitation. Information received pursuant to this paragraph
from the national crime information center, the interstate identification index
and the Arizona criminal justice information system network shall only be used
for the purposes of investigating or responding as prescribed in this
paragraph. The information shall be provided on submission to the
department of public safety of either:

(a) The fingerprints of the person being
investigated.

(b) The name, date of birth and social security
number of the person.

23. With a nonprofit organization that interacts
with children or vulnerable adults for the lawful purpose of evaluating the
fitness of all current and prospective employees, contractors and volunteers of
the organization. The criminal history record information shall be
provided on submission of the applicant's fingerprint card and the prescribed
fee. Fingerprints submitted pursuant to this paragraph may be searched by the
department to conduct state criminal history records checks.

24. With the superior court for the purpose of
determining an individual's eligibility for substance abuse and treatment
courts in a family or juvenile case.

25. With the governor to provide criminal history
record information on prospective gubernatorial nominees, appointees and
employees as provided by law.

H. The director shall adopt rules necessary to
execute 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 child
safety 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 8-453, subsection A, paragraph 6, 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. This section does not
prevent 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 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 booking agency
shall take legible ten-print fingerprints of all persons who are arrested
for offenses listed in subsection C of this section. The booking
agency shall obtain a process control number and provide to the person
fingerprinted a document that indicates proof of the fingerprinting and that
informs the person that the document must be presented to the court.

2. Except as provided in
paragraph 3 of this subsection, if a person is summoned to court as a result of
an indictment or complaint for an offense listed in subsection C of this
section, the court shall order the person to appear before the county sheriff
and provide legible ten-print fingerprints. The county sheriff
shall obtain a process control number and provide a document to the person
fingerprinted that indicates proof of the fingerprinting and that informs the
person that the document must be presented to the court. For the
purposes of this paragraph, "summoned" includes a written promise to
appear by the defendant on a uniform traffic ticket and complaint.

3. If a person is arrested
for a misdemeanor offense listed in subsection C of this section by a city or
town law enforcement agency, the person shall appear before the law enforcement
agency that arrested the defendant and provide legible ten-print
fingerprints. The law enforcement agency shall obtain a process control number
and provide a document to the person fingerprinted that indicates proof of the
fingerprinting and that informs the person that the document must be presented
to the court.

4. The mandatory
fingerprint compliance form shall contain the following information:

(a) Whether ten-print
fingerprints have been obtained from the person.

(b) Whether a process
control number was obtained.

(c) The offense or
offenses for which the process control number was obtained.

(d) Any report number of
the arresting authority.

(e) Instructions on
reporting for ten-print fingerprinting, including available times and
locations for reporting for ten-print fingerprinting.

(f) Instructions that
direct the person to provide the form to the court at the person's next court
appearance.

5. Within ten days after a
person is fingerprinted, the arresting authority or agency that took the
fingerprints shall forward the fingerprints to the department in the manner or
form required by the department.

6. On the issuance of a
summons for a defendant who is charged with an offense listed in subsection C
of this section, the summons shall direct the defendant to provide ten-print
fingerprints to the appropriate law enforcement agency.

7. At the initial
appearance or on the arraignment of a summoned defendant who is charged with an
offense listed in subsection C of this section, if the person does not present
a completed mandatory fingerprint compliance form to the court or if the court
has not received the process control number, the court shall order that within
twenty calendar days the defendant be ten-print fingerprinted at a
designated time and place by the appropriate law enforcement agency.

8. If the defendant fails
to present a completed mandatory fingerprint compliance form or if the court
has not received the process control number, the court, on its own motion, may
remand the defendant into custody for ten-print
fingerprinting. If otherwise eligible for release, the defendant
shall be released from custody after being ten-print fingerprinted.

9. 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.

10. 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 Q, paragraph 3 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.

11. 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 Q, paragraph 3. 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.

12. 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. This section does not
create a cause of action or a right to bring an action including an action
based on discrimination due to sexual orientation.

Y. The definition
prescribed in subsection Z, paragraph 3 of this section does not diminish or
infringe on any rights protected under the first amendment to the United States
constitution or the Arizona constitution.

Z. For the purposes of this section:

1. "Administration of criminal justice"
means performance of the detection, apprehension, detention, pretrial release,
posttrial 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. "Antisemitism"
includes the definition of antisemitism that was adopted by the international
holocaust remembrance alliance on May 26, 2016 and that has been adopted by the
United States department of state, including the contemporary examples of
antisemitism identified in the adopted definition.

4. "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.

5. "Biometric
data" means any physical characteristics, including fingerprints and palm
prints and face, tattoo and iris images.

6. "Booking
agency" means the county sheriff or, if a person is booked into a
municipal jail, the municipal law enforcement agency.

7. "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.

8. "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.

9. "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
percent of its annual budget to the administration of criminal
justice. This subdivision includes agencies of any foreign
sovereignty duly recognized by the federal government.

10. "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, wanted
persons information and system network log searches. Criminal
justice information does not include the administrative records of a criminal
justice agency.

11. "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.

12. "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.

13.
"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.

14.
"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.

15. "Rap back
services" means real-time or near real-time notifications of activity,
such as arrests on an individual, for authorized criminal justice or
noncriminal justice purposes in which continuous evaluation of the individual's
criminal history is required.

16. "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.

17. "Sexual
orientation" means consensual homosexuality or heterosexuality.

18. "Subject of
record" means the person who is the primary subject of a criminal justice
record.
END_STATUTE