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HB2282 - 572R - I Ver
REFERENCE TITLE:
education protection orders; definitions
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HB 2282
Introduced by
Representative
Travers
AN
ACT
amending sections 8-202 and 8-208,
Arizona Revised Statutes; amending title 12, chapter 10, article 1, Arizona
Revised Statutes, by adding sections 12-1811 and 12-1812; amending
sections 12-2101 and 13-3101, Arizona Revised Statutes; relating to
protection orders.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 8-202, Arizona Revised
Statutes, is amended to read:
START_STATUTE
8-202.
Jurisdiction of juvenile court
A. The juvenile court has original jurisdiction over
all delinquency proceedings brought under the authority of this title.
B. The juvenile court has exclusive original
jurisdiction over all proceedings
:
1.
Brought under the authority
of this title except for delinquency proceedings.
2. For an ex parte emergency
education protection order pursuant to section 12-1811 or an education
protection order pursuant to section 12-1812 if the defendant is under
eighteen years of age.
C. The juvenile court may consolidate any matter,
except that the juvenile court shall not consolidate any of the following:
1. A criminal proceeding that is filed in another
division of superior court and that involves a child who is subject to the
jurisdiction of the juvenile court.
2. A delinquency proceeding with any other
proceeding that does not involve delinquency, unless the juvenile delinquency
adjudication proceeding is not heard at the same time or in the same hearing as
a nondelinquency proceeding.
D. The juvenile court has jurisdiction of
proceedings to:
1. Obtain judicial consent to the marriage,
employment or enlistment in the armed services of a child, if consent is
required by law.
2. In an action in which parental rights are
terminated pursuant to chapter 4, article 5 or 11 of this title, change the
name of a minor child who is the subject of the action.� If the minor child who
is the subject of the action is twelve years of age or older, the court shall
consider the wishes of the child with respect to the name change.
E. The juvenile court has jurisdiction over civil
traffic violations, civil marijuana violations and offenses listed in section 8-323,
subsection B that are committed within the county by persons who are under
eighteen years of age unless the presiding judge of the county declines
jurisdiction of these cases. The presiding judge of the county may
decline jurisdiction of civil traffic violations and civil marijuana violations
committed within the county by juveniles if the presiding judge finds that the
declination would promote the more efficient use of limited judicial and law
enforcement resources located within the county. If the presiding
judge declines jurisdiction, juvenile civil traffic violations and civil
marijuana violations shall be processed, heard and disposed of in the same
manner and with the same penalties as adult civil traffic violations.
F. The orders of the juvenile court under the
authority of this chapter or chapter 3 or 4 of this title take precedence over
any order of any other court of this state except for the following:
1. An order entered in the criminal court concerning
an ongoing case that governs a criminal defendant's ability to contact the
victim, the family of the victim or other minor children if the criminal court
makes a finding that contact with other minor children would pose a risk of
harm to those children.
2.
An order
Orders
by the court of appeals and the supreme court to the extent they
are inconsistent with orders of other courts.
G. Except as provided in subsection H of this
section, jurisdiction of a child that is obtained by the juvenile court in a
proceeding under this chapter or chapter 3 or 4 of this title shall be retained
by it, for the purposes of implementing the orders made and filed in that
proceeding, until the child becomes eighteen years of age, unless terminated by
order of the court before the child's eighteenth birthday.
H. At any time before an adjudication hearing or a
proceeding in which a juvenile is admitting to an allegation in a petition that
alleges the juvenile is delinquent, the state may file a notice of intent to
retain jurisdiction over a juvenile who is seventeen years of age.� If the
state files a notice of intent to retain jurisdiction, the juvenile court's
jurisdiction over a juvenile is retained on the filing of the notice and the
court shall retain jurisdiction over the juvenile until the juvenile reaches
nineteen years of age, unless before the juvenile's nineteenth birthday either:
1. Jurisdiction is terminated by order of the court.
2. The juvenile is discharged from the jurisdiction
of the department of juvenile corrections pursuant to section 41-2820.
I. Persons who are under eighteen years of age shall
be prosecuted in the same manner as adults if either:
1. The juvenile court transfers jurisdiction
pursuant to section 8-327.
2. The juvenile is charged as an adult with an
offense listed in section 13-501.
J. The juvenile court shall retain jurisdiction
after a juvenile's eighteenth birthday for the purpose of:
1. Designating an undesignated felony offense as a
misdemeanor or felony, including after an adjudication is set aside pursuant to
section 8-348.
2. Modifying an outstanding monetary obligation
imposed by the court except for victim restitution.
3. Implementing section 36-2862.
K. The juvenile court
has jurisdiction to make the initial determination prescribed in section 8-829
whether the voluntary participation of a qualified young adult in an extended
foster care program pursuant to section 8-521.02 is in the young adult's
best interests.
END_STATUTE
Sec. 2. Section 8-208, Arizona Revised
Statutes, is amended to read:
START_STATUTE
8-208.
Juvenile court records; public inspection; exceptions
A. The following records relating to a juvenile who
is referred to juvenile court are open to public inspection:
1. Referrals involving delinquent acts, after the
referrals have been made to the juvenile court or the county attorney has
diverted the matter according to section 8-321.
2. Arrest records, after the juvenile is an accused
as defined by section 13-501.
3. Delinquency hearings.
4. Disposition hearings.
5. A summary of delinquency, disposition and
transfer hearings.
6. Revocation of probation hearings.
7. Appellate review.
8. Diversion proceedings involving delinquent acts.
B. On the request of an adult probation officer or
state or local prosecutor, the juvenile court shall release to an adult
probation department or prosecutor all information in its possession concerning
a person who is charged with a criminal offense.
C. The juvenile court shall release all information
in its possession concerning a person who is arrested for a criminal offense to
superior court programs or departments, other court divisions or judges or as
authorized by the superior court for the purpose of assisting in the
determination of release from custody, bond and pretrial supervision.
D. On request by the appropriate jail authorities
for the purpose of determining classification, treatment and security, the
juvenile court shall release all information in its possession concerning
persons who are under eighteen years of age, who have been transferred from
juvenile court for criminal prosecution and who are being held in a county jail
pending trial.
E. The court shall edit the records to protect the
identity of the victim or the immediate family of the victim if the victim has
died as a result of the alleged offense.
F. Except as otherwise provided by law, the records
of an adoption, severance or dependency proceeding shall not be open to public
inspection.
G. The court may order that the records be kept
confidential and withheld from public inspection if the court determines that
the subject matter of any record involves a clear public interest in
confidentiality.
H. The disclosure of educational records received
pursuant to section 15-141 shall comply with the family educational
rights
and privacy
rights
act of 1974 (20
United States Code section 1232g).
i. A petition for an education
protection order and the order issued may be disclosed only if the court issues
the education protection order pursuant to section 12-1812.
END_STATUTE
Sec. 3. Title 12, chapter 10, article 1,
Arizona Revised Statutes, is amended by adding sections 12-1811 and 12-1812, to
read:
START_STATUTE
12-1811.
Ex parte emergency education protection order; definitions
A. In a county with a population of
one hundred fifty thousand persons or more, the presiding judge of the superior
court, during the hours that the courts are closed, shall make available on a
rotating basis a judge, justice of the peace, magistrate or commissioner who
shall issue ex parte emergency education protection orders by
telephone. In a county with a population of less than one hundred
fifty thousand persons, any judge, justice of the peace, magistrate or
commissioner may issue ex parte emergency education protection orders by
telephone during the hours that the courts are closed.
B. The judge, justice of the peace,
magistrate or commissioner who is authorized to issue ex parte emergency
education protection orders shall issue an ex parte emergency education
protection order if the petition, supported by an affidavit or sworn oral
statement of the petitioner or other witness, provides specific facts
establishing by either reasonable cause or a preponderance of the evidence that
the defendant's possession or receipt of a firearm will pose an immediate and
present danger of serious physical injury or death to any person at an
educational institution.
C. An ex parte emergency education
protection order shall restrain the defendant from coming near an educational
institution.
D. An ex parte emergency education
protection order that is issued on a showing of reasonable cause may do both of
the following:
1. Prohibit the defendant from
possessing, controlling, using, purchasing, manufacturing or receiving a
firearm for the duration of the order.
2. Order the transfer of any firearm
in the defendant's possession or control, including any license or permit that
allows the defendant to possess or acquire a firearm, to the appropriate law
enforcement agency for the duration of the order.
e. An ex parte emergency education
protection order that is issued on a showing of a preponderance of the evidence
shall both:
1. Prohibit the defendant from
possessing, controlling, using, purchasing, manufacturing or receiving a
firearm for the duration of the order.
2. Order the transfer of any firearm
in the defendant's possession or control, including any license or permit that
allows the defendant to possess or acquire a firearm, to the appropriate law
enforcement agency for the duration of the order.
F. If the court finds that probable
cause exists to believe that the defendant has access to a firearm, the court
may issue a warrant authorizing a peace officer to search the defendant or the
defendant's home for firearms and to seize any firearm that the defendant could
access.
G. If the court grants an ex parte
emergency education protection order, the court shall do both of the following:
1. Hold a hearing pursuant to section
12-1812 and provide notice of the time and place of the hearing.
2. Order a law enforcement agency to
investigate the facts alleged in support of the petition for an ex parte
emergency education protection order.���
H. An ex parte emergency education
protection order is effective on the date of service and expires fourteen days
after service of the order. An ex parte emergency education protection order
expires if it is not served on the defendant within thirty days after it is
issued.
I. The court may subsequently issue
additional search warrants based on probable cause that the defendant has
retained, acquired or gained access to a firearm while an order under this
section remains in effect.
J. If the owner of a firearm seized
pursuant to this section is a person other than the defendant, the owner may
secure the return of the firearm as provided in section 12-1812.
K. A peace officer in this state
shall serve an ex parte emergency education protection order on the defendant
and carry out any search authorized under this section without delay following
issuance of the order. If a search is authorized pursuant to this
section, the peace officer may serve the ex parte emergency education
protection order on the defendant after the execution of the search.
L. After an ex parte emergency
education protection order expires or is quashed, the court shall provide the
defendant with documentation that states that the order is no longer in effect.
M.
A law
enforcement agency that has custody of a firearm shall release the firearm
within forty-eight hours, excluding weekends and holidays, after receipt
of a court document stating that the ex parte emergency education protection
order is no longer in effect.
N. for
the purposes of this section:
1. "defendant"
means the person against whom an ex parte emergency education protection order
under this section or an education protection order under section 12-1812
has been sought or granted.
2. "educational institution" means any of the
following:
(
a
)
a public
school as defined in section 15-101.
(
b
)
a community college as defined in
section 15-1401.
(
c
)
a university under the jurisdiction
of the Arizona board of regents.
(
d
)
any other political subdivision of
this state that is responsible for providing education to students in
kindergarten programs and grades one through twelve.
(
e
) A private school as defined in section 15-101.
(
f
)
an accredited private postsecondary
institution that is licensed by this state.
(
g
)
any other accredited institution
that is eligible under Title IV of the higher education act of 1965, that
offers postsecondary education or courses, whether located within or outside of
the boundaries of this state, and that awards any degree in this state.
3. "firearm"
has the same meaning prescribed in section 13-3101 and includes
ammunition.
4. "petitioner"
means any of the following:
(
a
)
a peace officer.
(
b
)
a person who is related to the
defendant by blood or court order as a parent, grandparent, child, grandchild,
brother or sister or by marriage as a parent-in-law, grandparent-in-law,
stepparent, stepgrandparent, stepchild, stepgrandchild, brother-in-law
or sister-in-law.
(
c
)
a person who currently resides, or
who during the last six months resided, in the same household as the defendant.
(
d
)
a person who is currently, or who
during the last six months was, involved in a romantic or sexual RELATIONSHIP
with the defendant.
(
e
)
a health care provider as defined
in section 36-3201 who has provided services to the defendant within the
last six months.
(
f
)
any person who is employed by an
educational institution where the defendant is currently enrolled or has been
enrolled within the last six months or any person who is employed by an
educational institution that the defendant has threatened within the last six
months.
(
g
)
any person who attends an
educational institution where the defendant is currently enrolled or has been
enrolled within the last six months or any person who attends an educational
institution that the defendant has threatened within the last six months.
5. "serious
physical injury" has the same meaning prescribed in section 13-105.
END_STATUTE
START_STATUTE
12-1812.
Education protection order; hearing; definitions
A. A petitioner may file a petition,
supported by an affidavit or sworn oral statement of the petitioner or another
witness, for the purpose of restraining the defendant from causing serious
physical injury or death to any person at an educational
institution. unless the court determines otherwise, if the
petitioner is a minor, the parent or legal guardian of the minor or a peace
officer shall file the petition. For the purposes of this section,
any court in this state may issue or enforce an education protection order,
unless the defendant is under eighteen years of age, in which case the petition
shall be transferred to the juvenile court.
B. A petitioner is not required to
file a petition under this section if the court has granted an ex parte emergency
education protection order pursuant to section 12-1811 and ordered a
hearing as provided in this section.
C. A petition for an education
protection order shall include all of the following:
1. The name of the
petitioner. the petitioner shall disclose the petitioner's address
to the court for purposes of service. The petitioner's address shall
not be listed on the petition. Whether or not the court issues an
education protection order, the protected address shall be maintained in a
separate document or automated database and is not subject to release or
disclosure by the court or any form of public access except as ordered by the
court.
2. The defendant's name and address,
if known.
3. A specific statement setting forth
the grounds for issuing the education protection order, including specific
facts establishing that the defendant's possession or receipt of a firearm will
pose an immediate and present danger of serious physical injury or death to any
person at an educational institution.
4. The name of the court in which any
prior or pending proceeding or ex parte emergency education protection order
was sought or issued against the defendant.
D. If a petition satisfies the
requirements of this section, the court shall do both of the following:
1. Hold a hearing on the petition for
an education protection order within fourteen days after the filing of the
petition. the defendant may agree to waive the hearing.
2. Order a law enforcement agency to
investigate the facts alleged in support of the petition for an education
protection order.
E. After granting a hearing, the
court shall provide notice as provided in this section. The
defendant shall be entitled to one continuance of up to ten days on
request. The court may thereafter grant an additional continuance
for good cause. An ex parte emergency education protection order
issued pursuant to section 12-1811 shall remain in effect until the
hearing is held. pending a final order, the court may temporarily
extend the ex parte emergency education protection order at the hearing.
F. The
court shall issue an education protection order if both of the following are
met:
1. A
law enforcement agency has conducted an investigation and found probable cause
that the defendant's possession or receipt of a firearm will pose a credible
threat of serious physical injury or death to any person at an educational
institution.
2. After considering the petition,
any other pleadings and any evidence or information offered at the hearing, the
court finds by either a preponderance of the evidence or clear and convincing
evidence that the defendant's possession or receipt of a firearm will pose a
credible threat of serious physical injury or death to any person at an
educational institution.
G. An education protection order
shall:
1. Restrain the defendant from coming
near an educational institution. If the defendant is a student at an
educational institution, the court should consider whether any less restrictive
means exist that will allow the defendant to attend the educational
institution, while ensuring that the educational institution is protected.
2. Include the following warning:
This is an official
court order. If you disobey this order, you will be subject to
arrest and prosecution for the crime of interfering with judicial proceedings
and any other crime you may have committed in disobeying this order.
H. An education protection order that
is issued on a showing of a preponderance of the evidence may do both of the
following:
1. Prohibit the defendant from
possessing, controlling, using, purchasing, manufacturing or receiving a
firearm for the duration of the order.
2. Order the transfer of any firearm
in the defendant's possession or control, including any license or permit that
allows the defendant to possess or acquire a firearm, to the appropriate law
enforcement agency for the duration of the order.
I. An education protection order that
is issued on a showing of clear and convincing evidence shall both:
1. Prohibit the defendant from
possessing, controlling, using, purchasing, manufacturing or receiving a
firearm for the duration of the order.
2. Order the transfer of any firearm
in the defendant's possession or control, including any license or permit that
allows the defendant to possess or acquire a firearm, to the appropriate law
enforcement agency for the duration of the order.
J. To the extent authorized by law,
the court may order a psychological evaluation of the defendant at no cost to
the defendant, including voluntary or involuntary commitment of the defendant
for the purposes of such an evaluation.
K. If the court grants an education
protection order on a showing of a preponderance of the evidence and finds
probable cause that the defendant has access to a firearm, following a law
enforcement investigation that confirmed probable cause exists, the court may
issue a warrant authorizing a peace officer to search the defendant and the
defendant's home for those firearms and to seize any firearm that the defendant
could access. If the court grants an education protection order on a
showing of clear and convincing evidence and finds probable cause that the
defendant has access to a firearm, following a law enforcement investigation
that confirmed probable cause exists, the court shall issue a warrant
authorizing a peace officer to search the defendant and the defendant's home
for those firearms and to seize any firearm that the defendant could
access. The court may subsequently issue additional search warrants
based on probable cause that the defendant has retained, acquired or gained
access to a firearm while an education protection order remains in
effect. A peace officer shall carry out any search authorized by
this section without delay. If the owner of a firearm is a person
other than the defendant, the owner may secure return of the firearm by
providing an affidavit to the appropriate law enforcement agency affirming
ownership of the firearm and assuring that the owner will safeguard the firearm
against access by the defendant. The law enforcement agency shall
return the firearm to the owner after confirming, including by a check of the
National instant criminal background check system, that the owner is not
legally disqualified from possessing or receiving the firearm.
L. An education protection order is
effective on service and expires one year after service of the
order. An education protection order expires if it is not served on
the defendant within one year after it is issued.
M. Service of a notice of hearing or
an education protection order shall be in open court following the hearing,
except if the education protection order is provided to a law enforcement
agency or a constable, service of an education protection order is as follows:
1. For an education protection order
that is issued by a municipal court, if the defendant can be served within that
city or town, the order shall be served by the law enforcement agency of that
city or town. If the order can be served in another city or town, the
order shall be served by the law enforcement agency of that city or
town. If the order cannot be served within a city or town, the order
shall be served by the sheriff or constable of the county in which the
defendant can be served.
2. For an education protection order
that is issued by a justice of the peace, the education protection order shall
be served by the sheriff or constable of the county in which the defendant can
be served or by a municipal law enforcement agency.
3. For
an education protection order that is issued by a superior court judge or
commissioner, the education protection order shall by served by the sheriff or
constable of the county where the defendant can be served.
N. In addition to persons authorized
to serve process pursuant to rule 4(
d
) of the Arizona
rules of civil procedure, a peace officer or a correctional officer as defined
in section 41-1661 who is acting in the correctional officer's official
capacity may serve an education protection order that is issued pursuant to
this section.� Service of the education protection order has priority over
other service of process that does not involve an immediate threat to the
safety of a person. If the defendant cannot be personally served, a
law enforcement agency may provide the defendant notice of a hearing by
publication or mail. If a search is authorized, an education
protection order may be served on the defendant after the execution of the
search.
O. The defendant may file a motion to
terminate an order during the effective period of that order. The
defendant has the burden of proving by clear and convincing evidence that the
defendant does not pose a credible threat of serious physical injury to any
person at an educational institution.
P. The petitioner may renew an
education protection order for an additional six months at any time after it
expires by filing a subsequent petition that complies with this
section. An existing education protection order shall remain in
effect until the hearing is held and the court grants or denies a renewed
order. The court shall grant a subsequent petition after the initial
education protection order if either of the following applies:
1. The defendant does not contest the
subsequent petition.
2. After holding a hearing, the court
finds by either a preponderance of the evidence or clear and convincing
evidence that the defendant's possession or receipt of a firearm will pose a
credible threat of serious physical injury or death to any person at an
educational institution.
Q. If the defendant cannot be
personally served or fails to appear at any hearing for an education protection
order, the default does not affect the court's authority to issue an education
protection order or entitle the defendant to challenge the education protection
order before the order expires.
R. An education protection order that
is entered by a justice court or municipal court after a hearing pursuant to
this section may be appealed to the superior court as provided in section 22-425
and the superior court rules of civil appellate procedure. An
education protection order entered by the superior court may be appealed
pursuant to section 12-2101.
S. A fee may not be charged for
filing a petition under this section for service of process or for filing an
appeal. Each court shall provide, without charge, forms for the
purposes of this section to assist parties without counsel.
T. The supreme court shall maintain a
central repository for education protection orders. Within
twenty-four hours after the affidavit, declaration, acceptance or return of
service has been filed, excluding weekends and holidays, the court from which
the education protection order or any modified education protection order was
issued shall enter the education protection order and proof of service into the
supreme court's central repository for education protection orders. The
supreme court shall register the education protection order with the national
crime information center. The effectiveness of an education
protection order does not depend on its registration, and for enforcement
purposes pursuant to section 13-2810, a copy of an education protection order
of the court, whether or not registered, is presumed to be a valid existing
education protection order of the court for a period of two years from the date
of service of the education protection order on the defendant.
U. Any supplemental information form
that is used by the court or a law enforcement agency solely for the purposes
of service of process on the defendant and that contains information provided
by the petition is confidential.
V. A peace officer who makes an
arrest pursuant to this section or section 12-1811 is not civilly or
criminally liable for the arrest if the officer acts on probable cause and
without malice.
W. A peace officer, with or without a
warrant, may arrest a person if the peace officer has probable cause to believe
that the person has violated section 13-2810 by disobeying or resisting an
education protection order that is issued in any jurisdiction in this state
pursuant to this section, whether or not such violation occurred in the
presence of the peace officer. Criminal violations of an education
protection order issued pursuant to this section shall be referred to an appropriate
law enforcement agency. The provisions for release under section 13-3883,
subsection A, paragraph 4 and section 13-3903 do not apply to an arrest made
pursuant to this section. For the purposes of this section, any
court in this state has jurisdiction to enforce a valid education protection
order that is issued in this state and that has been violated in any
jurisdiction in this state.
X. A person who is arrested pursuant
to subsection W of this section may be released from custody in accordance with
the Arizona rules of criminal procedure or any other applicable
statute. An order for release, with or without an appearance bond,
shall include pretrial release conditions that are necessary to provide for the
protection of the alleged educational institution victim and other specifically
designated persons and may provide for any other additional conditions that the
court deems appropriate, including participation in any counseling programs
available to the defendant. The agency with custody of the defendant
shall make reasonable efforts to contact the educational institution victim and
other specifically designated persons in the education protection order, if
known to the custodial agency, who requested notification immediately on
release of the arrested person from custody.
Y. After an education protection
order expires or is quashed, the court shall provide the defendant with
documentation that states that the education protection order is no longer in
effect.
Z. A law enforcement agency that has
custody of a firearm shall release the firearm within forty-eight hours,
excluding weekends and holidays, after receipt of a court document stating that
the education protection order is no longer in effect.
AA. for
the purposes of this section:
1. "defendant"
means the person against whom an education protection order under this section
or an ex parte emergency education protection order under section 12-1811
has been sought or granted.
2. "educational
institution" means any of the following:
(
a
)
a public school as defined in
section 15-101.
(
b
)
a community college as defined in
section 15-1401.
(
c
)
a university under the jurisdiction
of the Arizona board of regents.
(
d
)
any other political subdivision of
this state that is responsible for providing education to students in
kindergarten programs and grades one through twelve.
(
e
) A private school as defined in section 15-101.
(
f
)
an accredited private postsecondary
institution that is licensed by this state.
(
g
)
any other accredited institution
that is eligible under Title IV of the higher education act of 1965, that
offers postsecondary education or courses, whether located within or outside of
the boundaries of this state, and that awards any degree in this state.
3. "firearm"
has the same meaning prescribed in section 13-3101 and includes
ammunition.
4. "petitioner"
means any of the following:
(
a
)
a peace officer.
(
b
)
a person who is related to the
defendant by blood or court order as a parent, grandparent, child, grandchild,
brother or sister or by marriage as a parent-in-law, grandparent-in-law,
stepparent, stepgrandparent, stepchild, stepgrandchild, brother-in-law
or sister-in-law.
(
c
)
a person who currently resides, or who during the last six months
resided, in the same household as the defendant.
(
d
)
a person
who is currently, or who during the last six months was, involved in a romantic
or sexual RELATIONSHIP with the defendant.
(
e
)
a health care provider as defined
in section 36-3201 who has provided services to the defendant within the
last six months.
(
f
)
any person who is employed by an
educational institution where the defendant is currently enrolled or has been
enrolled within the last six months or any person who is employed by an
educational institution that the defendant has threatened within the last six
months.
(
g
)
any person who attends an
educational institution where the defendant is currently enrolled or has been
enrolled within the last six months or any person who attends an educational
institution that the defendant has threatened within the last six months.
5. "serious physical
injury" has the same meaning prescribed in section 13-105.
END_STATUTE
Sec. 4. Section 12-2101, Arizona Revised
Statutes, is amended to read:
START_STATUTE
12-2101.
Judgments and orders that may be appealed
A. An appeal may be taken to the court of appeals
from the superior court in the following instances:
1. From a final judgment entered in an action or
special proceeding commenced in a superior court, or brought into a superior
court from any other court, except in actions of forcible entry and detainer
when the annual rental value of the property is less than $300.
2. From any special order made after final judgment.
3. From any order affecting a substantial right made
in any action when the order in effect determines the action and prevents
judgment from which an appeal might be taken.
4. From a final order affecting a substantial right
made in a special proceeding or on a summary application in an action after
judgment.
5. From an order:
(a) Granting or refusing a new trial or granting a
motion in arrest of judgment.
(b) Granting or dissolving an injunction or refusing
to grant or dissolve an injunction or appointing a receiver.
(c) Dissolving or refusing to dissolve an attachment
or garnishment.
(d) Granting or denying a petition to restore a
person's right to possess a firearm pursuant to section 13-925.
(e) Granting or denying a motion to dismiss or quash
pursuant to section 12-751, unless the court did not find that the moving
party established prima facie proof as prescribed in section 12-751,
subsection B. The court of appeals shall expedite any appeal
filed pursuant to this subdivision unless the court for good cause finds that
expedited review is not feasible under the circumstances or a court rule
specifically provides otherwise.
(
f
) GRANTING OR
DENYING AN EDUCATION PROTECTION ORDER PURSUANT TO SECTION 12-1812.
6. From an interlocutory judgment that determines
the rights of the parties and directs an accounting or other proceeding to
determine the amount of the recovery.
7. From an interlocutory judgment in any action for
partition that determines the rights and interests of the respective parties
and
that
directs partition to be made.
8. From any interlocutory judgment, decree or order
made or entered in actions to redeem real or personal property from a mortgage
thereof or lien thereon, determining such right to redeem and directing an
accounting.
9. From a judgment, decree or order entered in any
formal proceedings under title 14.
10. From an order or judgment:
(a) Adjudging a person insane or incompetent or
committing a person to the state hospital.
(b) Revoking or refusing to revoke an order or
judgment adjudging a person insane or incompetent or restoring or refusing to
restore to competency any person who has been declared insane or incompetent.
11. From an order or judgment made and entered on
habeas corpus proceedings:
(a) The petitioner may appeal from an order or
judgment refusing the petitioner's discharge.
(b) The officer having the custody of the
petitioner, or the county attorney on behalf of the state, from an order or
judgment discharging the petitioner whereupon the court may admit the
petitioner to bail pending the appeal.
B. If any order or judgment referred to in this
section is made or rendered by a judge it is appealable as if made by the
court.
END_STATUTE
Sec. 5. Section 13-3101, Arizona Revised
Statutes, is amended to read:
START_STATUTE
13-3101.
Definitions
A. In this chapter, unless the context otherwise
requires:
1. "Deadly weapon" means anything that is
designed for lethal use.� The term includes a firearm.
2. "Deface" means to remove, alter or
destroy the manufacturer's serial number.
3. "Explosive" means any dynamite,
nitroglycerine, black powder, or other similar explosive material, including
plastic explosives.� Explosive does not include ammunition or ammunition
components such as primers, percussion caps, smokeless powder, black powder and
black powder substitutes used for hand loading purposes.
4. "Firearm" means any loaded or unloaded
handgun, pistol, revolver, rifle, shotgun or other weapon that will expel, is
designed to expel or may readily be converted to expel a projectile by the
action of an explosive. Firearm does not include a firearm in
permanently inoperable condition.
5. "Improvised explosive device" means a
device that incorporates explosives or destructive, lethal, noxious,
pyrotechnic or incendiary chemicals and that is designed to destroy, disfigure,
terrify or harass.
6. "Occupied structure" means any
building, object, vehicle, watercraft, aircraft or place with sides and a floor
that is separately securable from any other structure attached to it, that is
used for lodging, business, transportation, recreation or storage and in which
one or more human beings either are or are likely to be present or so near as
to be in equivalent danger at the time the discharge of a firearm occurs.�
Occupied structure includes any dwelling house, whether occupied, unoccupied or
vacant.
7. "Prohibited possessor" means any
person:
(a) Who has been found to constitute a danger to
self or to others or to have a persistent or acute disability or grave
disability pursuant to court order pursuant to section 36-540, and whose
right to possess a firearm has not been restored pursuant to section 13-925.
(b) Who has been convicted within or without this
state of a felony or who has been adjudicated delinquent for a felony and whose
civil right to possess or carry a firearm has not been restored.
(c) Who is at the time of possession serving a term
of imprisonment in any correctional or detention facility.
(d) Who is at the time of possession serving a term
of probation pursuant to a conviction for a domestic violence offense as
defined in section 13-3601 or a felony offense, parole, community
supervision, work furlough, home arrest or release on any other basis or who is
serving a term of probation or parole pursuant to the interstate compact under
title 31, chapter 3, article 4.1.
(e) Who is an undocumented alien or a nonimmigrant
alien traveling with or without documentation in this state for business or
pleasure or who is studying in this state and who maintains a foreign residence
abroad.� This subdivision does not apply to:
(i) Nonimmigrant aliens who possess a valid hunting
license or permit that is lawfully issued by a state in the United States.
(ii) Nonimmigrant aliens who enter the United States
to participate in a competitive target shooting event or to display firearms at
a sports or hunting trade show that is sponsored by a national, state or local
firearms trade organization devoted to the competitive use or other sporting
use of firearms.
(iii) Certain diplomats.
(iv) Officials of foreign governments or
distinguished foreign visitors who are designated by the United States
department of state.
(v) Persons who have received a waiver from the
United States attorney general.
(f) Who has been found incompetent pursuant to rule
11, Arizona rules of criminal procedure, and who subsequently has not been
found competent.
(g) Who is found guilty except insane.
(
h
) Who is
subject to a valid ex parte emergency education protection order issued
pursuant to section 12-1811 that prohibits the person from possessing a
firearm or an education protection order issued pursuant to section 12-1812
that prohibits the person from possessing a firearm if the person was
personally served with the order.
8. "Prohibited weapon":
(a) Includes the following:
(i) An item that is a bomb, grenade, rocket having a
propellant charge of more than four ounces or mine and that is explosive,
incendiary or poison gas.
(ii) A device that is designed, made or adapted to
muffle the report of a firearm.
(iii) A firearm that is capable of shooting more
than one shot automatically, without manual reloading, by a single function of
the trigger.
(iv) A rifle with a barrel length of less than
sixteen inches, or shotgun with a barrel length of less than eighteen inches,
or any firearm that is made from a rifle or shotgun and that, as modified, has
an overall length of less than twenty-six inches.
(v) A breakable container that contains a flammable
liquid with a flash point of one hundred fifty degrees Fahrenheit or less and
that has a wick or similar device capable of being ignited.
(vi) A chemical or combination of chemicals,
compounds or materials, including dry ice, that is possessed or manufactured
for the purpose of generating a gas to cause a mechanical failure, rupture or
bursting or an explosion or detonation of the chemical or combination of
chemicals, compounds or materials.
(vii) An improvised explosive device.
(viii) Any combination of parts or materials that is
designed and intended for use in making or converting a device into an item set
forth in item (i), (v) or (vii) of this subdivision.
(b) Does not include:
(i) Any fireworks that are imported, distributed or
used in compliance with state laws or local ordinances.
(ii) Any propellant, propellant actuated devices or
propellant actuated industrial tools that are manufactured, imported or
distributed for their intended purposes.
(iii) A device that is commercially manufactured
primarily for the purpose of illumination.
9. "Trafficking" means to sell, transfer,
distribute, dispense or otherwise dispose of a weapon or explosive to another
person, or to buy, receive, possess or obtain control of a weapon or explosive,
with the intent to sell, transfer, distribute, dispense or otherwise dispose of
the weapon or explosive to another person.
B. The items set forth in subsection A, paragraph 8,
subdivision (a), items (i), (ii), (iii) and (iv) of this section do not include
any firearms or devices that are possessed, manufactured or transferred in
compliance with federal law.
END_STATUTE