family court; address confidentiality

HB2594 - 572R - S Ver

Senate Engrossed
House Bill

family court; address
confidentiality

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HOUSE BILL 2594

AN
ACT

amending sections 16-153 and 25-403.06,
arizona revised statutes; amending title 25, chapter 11, article 1, arizona
revised statutes, by adding section 25-1502; amending sections 41-162,
41-165 and 41-166, arizona revised statutes; relating to domestic
relations proceedings.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section 1. Section 16-153, Arizona Revised
Statutes, is amended to read:

START_STATUTE
16-153.

Voter
registration; confidentiality; definitions

A. Eligible persons, and any other registered voter
who resides at the same residence address as the eligible person, may request
that the general public be prohibited from accessing the eligible person's
identifying information, including any of the following:

1. That person's documents and voting precinct
number contained in that person's voter registration record.

2. If the person is a public official, the address
of a property held in trust by the public official.

B. Eligible persons may request this action by
filing an affidavit that states all of the following on an application form
developed by the administrative office of the courts in agreement with an
association of counties and an organization of peace officers:

1. The person's full legal name, residential address
and date of birth.

2. Unless the person is the spouse of a peace
officer or the spouse or minor child of a deceased peace officer or the person
is a former public official or former judge, the position the person currently
holds and a description of the person's duties, except that an eligible person
who is protected under an order of protection or injunction against harassment
shall instead attach a copy of the order of protection or injunction against
harassment.

3. The reasons for reasonably believing that the
person's life or safety or that of another person is in danger and that sealing
the identifying information and voting precinct number of the person's voting
record will serve to reduce the danger.

C. The affidavit shall be filed with the presiding
judge of the superior court in the county in which the affiant
resides. To prevent multiple filings, an eligible person who is a
peace officer, prosecutor, public defender, code enforcement officer,
corrections or detention officer, corrections support staff member or law
enforcement support staff member shall deliver the affidavit to the peace
officer's commanding officer, or to the head of the prosecuting, public
defender, code enforcement, law enforcement, corrections or detention agency,
as applicable, or that person's designee, who shall file the affidavits at one
time. In the absence of an affidavit that contains a request for
immediate action and is supported by facts justifying an earlier presentation,
the commanding officer, or the head of the prosecuting, public defender, code
enforcement, law enforcement, corrections or detention agency, as applicable,
or that person's designee, shall not file affidavits more often than quarterly.

D. On receipt of an affidavit or affidavits, the
presiding judge of the superior court shall file with the clerk of the superior
court a petition on behalf of all requesting affiants. The petition shall have
attached each affidavit presented. In the absence of an affidavit that contains
a request for immediate action and that is supported by facts justifying an
earlier consideration, the presiding judge may accumulate affidavits and file a
petition at the end of each quarter.

E. The presiding judge of the superior court shall
review the petition and each attached affidavit to determine whether the action
requested by each affiant should be granted. The presiding judge of the
superior court shall order the sealing for five years of the information
contained in the voter record of the affiant and, on request, any other
registered voter who resides at the same residence address if the presiding
judge concludes that this action will reduce a danger to the life or safety of
the affiant.

F. The recorder shall
remove the restrictions on all voter records submitted pursuant to subsection E
of this section by January 5 in the year after the court order
expires. The county recorder shall send by mail one notice to either
the health professional, election officer, public official,

former
public official, peace officer, spouse of a peace officer, spouse or minor
child of a deceased peace officer, public defender, prosecutor, code
enforcement officer, corrections or detention officer, corrections support
staff member, law enforcement support staff member, employee of the department
of child safety or employee of adult protective services who has direct contact
with families in the course of employment or the employing agency of the peace
officer, public defender, prosecutor, code enforcement officer, corrections or
detention officer, corrections support staff member or law enforcement support
staff member who was granted an order pursuant to this section of the order's
expiration date at least six months before the January 5 removal
date. If the notice is sent to the employing agency, the employing
agency shall immediately notify the person who was granted the order of the
upcoming expiration date. The county recorder may coordinate with
the county assessor and county treasurer to prevent multiple notices from being
sent to the same person.

G. On entry of the court order, the clerk of the
superior court shall file the court order with the county
recorder. On receipt of the court order the county recorder shall
seal the voter registration of the persons listed in the court order not later
than one hundred twenty days from the date of receipt of the court
order. To include a subsequent voter registration in the court
order, a person listed in the court order shall present to the county recorder
at the time of registration a certified copy of the court order or shall
provide the county recorder the recording number of the court
order. The information in the registration shall not be disclosed
and is not a public record.

H. If the court denies an affiant's requested
sealing of the voter registration record, the affiant may request a court
hearing. The hearing shall be conducted by the court where the
petition was filed.

I. On motion to the court, if the presiding judge of
the superior court concludes that a voter registration record has been sealed
in error or that the cause for the original affidavit no longer exists, the
presiding judge may vacate the court order prohibiting public access to the
voter registration record.

J. On request by a person who is protected under an
order of protection or injunction against harassment and presentation of an
order of protection issued pursuant to section 13-3602, an injunction
against harassment issued pursuant to section 12-1809 or an order of
protection or injunction against harassment issued by a court in another state
or a program participant in the address confidentiality program pursuant to
title 41, chapter 1, article 3, the county recorder shall seal the voter registration
record of the person who is protected and, on request, any other registered
voter who resides at the residence address of the protected
person. The record shall be sealed not later than one hundred twenty
days from the date of receipt of the court order. The information in the
registration shall not be disclosed and is not a public record.
On the renewal of the certification of a program participant in the
address confidentiality program pursuant to title 41, chapter 1, article 3, the
county recorder shall continue or renew the sealing of the voter registration
record of the person who is protected and,
on request any
other
household resident who is
certified
as a
program participant
pursuant
to section 41-163, subsection D and who is a
registered voter
. The voter registration record of a program participant in
the address confidentiality program pursuant to title 41, chapter 1, article 3
shall remain sealed after the death of the program participant.

K. For the purposes of this section:

1. "Code enforcement officer" means a
person who is employed by a state or local government and whose duties include
performing field inspections of buildings, structures or property to ensure
compliance with and enforce national, state and local laws, ordinances and
codes.

2. "Commissioner" means a commissioner of
the superior court or municipal court.

3. "Corrections support staff member"
means an adult or juvenile corrections employee who has direct contact with
inmates.

4. "Election officer" means a state,
county or municipal employee who holds an election officer's certificate issued
pursuant to section 16-407.

5. "Eligible person" means a health
professional, election officer, public official, former public official, peace
officer, spouse of a peace officer, spouse or minor child of a deceased peace
officer, justice, judge, commissioner, hearing officer, public defender,
prosecutor, member of the commission on appellate court appointments, code
enforcement officer, adult or juvenile corrections officer, corrections support
staff member, probation officer, member of the board of executive clemency, law
enforcement support staff member, employee of the department of child safety or
employee of adult protective services who has direct contact with families in
the course of employment, national guard member who is acting in support of a
law enforcement agency, person who is protected under an order of protection or
injunction against harassment or firefighter who is assigned to the Arizona
counter terrorism information center in the department of public safety.

6. "Former public official" means a person
who was duly elected or appointed to Congress, the legislature or a statewide
office, who ceased serving in that capacity and who was the victim of a
dangerous offense as defined in section 13-105 while in office.

7. "Health professional" means an
individual who is licensed pursuant to title 32, chapter 13, 15, 17, 19.1, 25
or 33.

8. "Hearing officer" means a hearing
officer who is appointed pursuant to section 28-1553.

9. "Judge" means a judge or former judge
of the United States district court, the United States court of appeals, the
United States magistrate court, the United States bankruptcy court, the United
States immigration court, the Arizona court of appeals, the superior court or a
municipal court.

10. "Justice" means a justice of the
United States or Arizona supreme court or a justice of the peace.

11. "Law enforcement support staff member"
means a person who serves in the role of an investigator or prosecutorial
assistant in an agency that investigates or prosecutes crimes, who is integral
to the investigation or prosecution of crimes and whose name or identity will
be revealed in the course of public proceedings.

12. "Peace officer":

(a) Has the same meaning prescribed in section 1-215.

(b) Includes a federal law enforcement officer or
agent who resides in this state and who has the power to make arrests pursuant
to federal law.

13. "Prosecutor" means a current or former
United States attorney, county attorney, municipal prosecutor or attorney
general and includes a current or former assistant or deputy United States
attorney, county attorney, municipal prosecutor or attorney general.

14. "Public defender" means a federal
public defender, county public defender, county legal defender or county
contract indigent defense counsel and includes an assistant or deputy federal
public defender, county public defender or county legal defender.

15. "Public official" means a person who
is duly elected or appointed to Congress, the legislature, a statewide office
or a county, city or town office.
END_STATUTE

Sec. 2. Section 25-403.06, Arizona Revised
Statutes, is amended to read:

START_STATUTE
25-403.06.

Parental access to prescription medication and records; address
confidentiality program; applicability

A. Unless otherwise provided by court order or law,
on reasonable request both parents are entitled to have equal access to
prescription medication, documents and other information concerning the child's
education and physical, mental, moral and emotional health
,

including medical, school, police, court and other records
,

directly from the custodian of the records or from the other parent.

B. A person who does not comply with a reasonable
request shall reimburse the requesting parent for court costs and attorney fees
incurred by that parent to force compliance with this section.

C. A parent with joint legal custody shall not
designate one pharmacy in a single location as the only source of the child's
prescription medication without
the
agreement of the
other parent.

D. A parent who attempts to restrict the release of
documents or information by the custodian or attempts to withhold prescription
medication without a prior court order is subject to appropriate legal
sanctions.

e. If a parent has sole legal
decision-making authority and that parent is a participant in the address
confidentiality program established pursuant to section 41-162 because of
the actions of the other parent, subsection A of this section does not apply to
The parent who does not have sole legal decision-making
authority. the parent with legal decision-making authority who
is a participant in the address confidentiality program may provide the
information required pursuant to this subsection by email, cell phone
application or regular mail.

END_STATUTE

Sec. 3. Title 25, chapter 11, article 1,
Arizona Revised Statutes, is amended by adding section 25-1502, to read:

START_STATUTE
25-1502.

Participants in address confidentiality program; use of
substitute address; applicability; violations; classification

A. In any matter brought pursuant to
this title, if a party to the matter is a participant in the address
confidentiality program established pursuant to section 41-162, the court
shall use the party's address CONFIDENTIALITY program substitute address in all
filings, notices and communications relating to the matter.

B. An address CONFIDENTIALITY program
participant's residence address shall be sealed in all court records and may
not be disclosed to any party or attorney.

C. The party who is a participant in
the address confidentiality program may receive service as prescribed in
section 41-162, subsection C.

D. The court may not consider a
party's participation in the address confidentiality program as evidence of any
of the following:

1. Parental alienation.

2. Failure to cooperate with the
other party.

3. Instability.

E. Any person who intentionally or
knowingly obtains or discloses information in violation of this section or
section 41-165 is guilty of a class 1 misdemeanor
.

F. Any person who intentionally or
knowingly obtains or discloses information in violation of this section or
section 41-165 for the purpose of harassment, stalking or domestic
violence against a party to a matter that is brought pursuant to this title is
guilty of a class 6 felony.
END_STATUTE

Sec. 4. Section 41-162, Arizona Revised
Statutes, is amended to read:

START_STATUTE
41-162.

Address confidentiality program; duties of secretary of state;
substitute address; application assistants

A.
On or before December 31, 2012,

The secretary of state shall establish the address confidentiality program to
allow persons who have been subjected to domestic violence offenses, sexual
offenses or stalking to keep their residence addresses confidential and not
accessible to the general public. Participants in the program shall
receive a substitute address that becomes the participant's lawful address of
record.

B. The secretary of state shall:

1. Designate a substitute address for a program
participant that is used by state and local government entities as set forth in
this section.

2. Receive mail sent to a program participant at a
substitute address and forward the mail to the program participant as set forth
in paragraph 3 of this subsection.

3. Receive first-class, certified or registered mail
on behalf of a program participant and forward the mail to the program
participant for no charge. The secretary of state may arrange to
receive and forward other classes or kinds of mail at the program participant's
expense. The secretary of state is not required to track or
otherwise maintain records of any mail received on behalf of a program
participant unless the mail is certified or registered mail.

C. Notwithstanding any other law and except as
provided by court rule, a program participant may be served by registered mail
or by certified mail, return receipt requested, addressed to the program
participant at the program participant's substitute address with any process,
notice or demand required or allowed by law to be served on the program
participant. This subsection does not prescribe the only means, or necessarily
the required means, of serving a program participant in this state.

D. A court may not order the
disclosure of a program participant's residence address or location information
unless the court finds, by clear and convincing evidence, that disclosure of a
program participant's residence address is essential to a compelling state
interest and that no reasonable alternative exists to accomplish that purpose without
the disclosure of the program participant's residence address.

D.

e.
The
secretary of state may designate as an application assistant any person who:

1. Provides counseling, referral or other services
to victims of domestic violence, a sexual offense or stalking.

2. Completes any training and registration process
required by the secretary of state.

E.

f.
Any
assistance and counseling rendered by the secretary of state or an application
assistant to an applicant related to this section is not legal advice.

END_STATUTE

Sec. 5. Section 41-165, Arizona Revised
Statutes, is amended to read:

START_STATUTE
41-165.
Disclosure of actual address prohibited; exceptions; violations;
classification

A. The secretary of state shall not disclose any
address or telephone number of a program participant other than the substitute
address designated by the secretary of state, except under any of the following
circumstances:

1. The information is required by direction of a
court order
.
, except that
Any
person to whom a program participant's address or telephone number
has been
is
disclosed
pursuant
to this PARAGRAPH
shall not disclose the address or telephone number to
any other person unless
permitted
allowed

to do so by order of the court or as otherwise provided by law.

2. The secretary of state grants a request by a
state or local government entity pursuant to section 41-167, subsection
D.

B. The secretary of state shall provide immediate
notification of disclosure to a program participant if disclosure is made
pursuant to subsection A of this section.

C. If, at the time of application, an applicant or
an individual identified pursuant to section 41-163, subsection C,
paragraph 10 is subject to a court order related to dissolution of marriage
proceedings, child support or the allocation of parental responsibilities or
parenting time, the secretary of state shall notify the court that issued the
order of the certification of the program participant in the address
confidentiality program and the substitute address designated by the secretary
of state. If, at the time of application, an applicant or an individual
identified pursuant to section 41-163, subsection C, paragraph 10 is
involved in a court action related to dissolution of marriage proceedings,
child support or the allocation of parental responsibilities or parenting time,
the secretary of state shall notify the court having jurisdiction over the
action of the certification of the applicant in the address confidentiality
program and the substitute address designated by the secretary of state.

D. A person shall not intentionally or knowingly
obtain
or attempt to obtain
a program participant's
actual address or telephone number
, whether
from the
secretary of state or a state or local government entity
, or by
any other means,
knowing that the person is not authorized to obtain the
address information.

E. An employee of the secretary of state or a state
or local government entity shall not intentionally or knowingly disclose a
program participant's actual address or telephone number unless the disclosure
is permissible by law. This subsection
only
applies
only
if an employee obtains a program participant's actual
address or telephone number during the course of the employee's official duties
and, at the time of disclosure, the employee has specific knowledge that the
actual address or telephone number disclosed belongs to a program participant.

F. Any person who intentionally or knowingly obtains

or attempts to obtain
or discloses information in
violation of this section is guilty of a class 1 misdemeanor.

G.

Any person
who intentionally or knowingly obtains
or attempts to
obtain or discloses information in violation of this SECTION for the purpose of
harassment, stalking or domestic violence against a party to a matter that is
brought pursuant to title 25 is guilty of a class 6 felony.
If the conduct involves surveillance of a minor, use of a third party
or repeated attempts, the person is guilty of a class 5 felony.
END_STATUTE

Sec. 6. Section 41-166, Arizona Revised
Statutes, is amended to read:

START_STATUTE
41-166.

Program participants; substitute address; use by state or local
government entities

A. The program participant, and not the secretary of
state, is responsible for requesting that a state or local government entity
use the program participant's substitute address as the program participant's
residential, work or school address for all purposes for which the state or
local government entity requires or requests the residential, work or school
address.

B. Except as otherwise provided in this section or
unless the secretary of state grants a state or local government entity's
request for disclosure pursuant to section 41-167, if a program
participant submits a current and valid address confidentiality program
authorization card to the state or local government entity, the state or local
government entity shall accept the substitute address designation on the card
as the program participant's address for use as the program participant's
residential, work or school address when creating a new public record. The
substitute address given to the state or local government entity is considered
the last known address for the program participant used by the state or local
government entity until the time that the state or local government entity
receives notification pursuant to section 41-164. The state or
local government entity may make a photocopy of the card for the records of the
state or local government entity and shall immediately return the card to the
program participant.

C. Except as otherwise provided in this section or
by order of the court, if a program participant submits a current and valid
address confidentiality program authorization card to the court, the court
shall accept the substitute address designation on the card as the program
participant's address for use as the program participant's residential, work or
school address. The substitute address given to the court is
considered the last known address for the program participant used by the court
until the time that the court receives notification pursuant to section 41-164.
The court may make a photocopy of the card for the court file and shall return
the card to the program participant.

D. When a person with an existing voter registration
record becomes a program participant, the secretary of state shall secure the
program
participant's voter registration record and notify the
appropriate county recorder of the
program
participant's
secured status, current residence address and substitute address for the county
recorder to revise the
program
participant's voter
registration record so that the
program
participant's
address can be kept confidential in the same manner as prescribed by section 16-153.
A program participant who is not already registered to vote may register to
vote using the substitute address and must provide the election official with
the
program
participant's actual residence address for
precinct designation purposes. If the
program

participant registers to vote other than online or at a driver license
examination facility, the
program
participant shall
present a completed voter registration form with the
program

participant's substitute address and address confidentiality program
authorization
card to the appropriate election
official.
On the renewal of the certification of a
program participant in the address confidentiality program, the county recorder
shall continue or renew the sealing of the voter registration record of the
person who is protected and, on request, any other registered voter who resides
at the residence address of the protected person. �The voter registration
record of a program participant in the address confidentiality program shall
remain sealed after the death of the program participant.

E. A designated election official shall use the
actual address of a program participant for precinct designation and all
official election-related purposes and shall keep the program
participant's actual address confidential from the public. The election
official shall use the substitute address for all correspondence and mailings
placed in the United States mail. The substitute address shall not
be used as an actual residence address for voter registration.

F. A state or local government entity's access to a
program participant's voter registration shall be governed by the disclosure
process set forth in section 41-167.

G. A program participant who completes an
application to register to vote at a driver license examination facility while
receiving a driver license or an identification card is required to have the
program participant's actual address on the driver license or identification
card. A program participant whose driver license has the substitute address may
register to vote, if otherwise eligible, pursuant to subsection
E

d
of this section.

H. The substitute address shall not be used for
purposes of listing, appraising or assessing property taxes and collecting
property taxes. If a program participant would like to keep records
maintained by the county assessor and county treasurer confidential, the
program participant shall comply with section 11-484.

I. If a program participant is required by law to
swear or affirm to the program participant's address, the program participant
may use the
program

participant's
substitute address.

J. The substitute address shall not be used for
purposes of assessing any taxes or fees on a motor vehicle or for titling or
registering a motor vehicle. Notwithstanding any law to the contrary, any
record that includes a program participant's actual address pursuant to this
subsection shall be confidential and not available for inspection by anyone
other than the program participant.

K. The substitute address shall not be used on any
document related to real property recorded with a recorder. If a
program participant would like to keep real property records confidential, the
program participant shall comply with section 11-483.

L. A public school shall accept the substitute
address as the
program participant's
address of record
and shall verify student enrollment eligibility through the secretary of
state. The secretary of state shall facilitate the transfer of
student records from one school to another.

M. Except as otherwise provided in this section, a
program participant's actual address and telephone number maintained by a state
or local government entity or disclosed by the secretary of state is not a
public record that is subject to inspection. �This subsection
shall

does
not apply to the following:

1. Any public record created more than ninety days
before the date that the program participant applied to be certified in the
address confidentiality
program.

2. A program participant who voluntarily requests
that a state or local government entity use the
program

participant's actual address or voluntarily gives the
actual address to the state or local government entity.

N. For any public record created within ninety days
before the date that a program participant applied to be certified in the
address confidentiality
program, a state or local government
entity shall redact the actual address from a public record or change the
actual address to the substitute address in the public record, if a program
participant who presents a current and valid
address
confidentiality
program authorization card requests the entity that
maintains the public record to use the substitute address instead of the actual
address on the public record.
END_STATUTE