domestic violence; definition; animal abuse

SB1352 - 572R - I Ver

REFERENCE TITLE:
domestic violence; definition; animal abuse

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SB 1352

Introduced by

Senators
Kuby: Alston, Gabald�n, Miranda, Ortiz;� Representatives Garcia, Sandoval

AN
ACT

amending section 13-3601, Arizona Revised
Statutes; relating to family offenses.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section 1. Section 13-3601, Arizona Revised
Statutes, is amended to read:

START_STATUTE
13-3601.

Domestic violence; definition; classification; sentencing option;
arrest and procedure for violation; weapon seizure

A. "Domestic
violence" means any act that is a dangerous crime against children as
defined in section 13-705 or an offense prescribed in section 13-1102,
13-1103, 13-1104, 13-1105, 13-1201, 13-1202, 13-1203,
13-1204, 13-1302, 13-1303, 13-1304, 13-1406, 13-1425,
13-1502, 13-1503, 13-1504, 13-1602 or 13-2810,
section 13-2904, subsection A, paragraph 1, 2, 3 or 6, section 13-2910,
subsection A, paragraph 8
,

or

9
, 15 or 16
, section 13-2915, subsection
A, paragraph 3 or section 13-2916, 13-2921, 13-2921.01, 13-2923,
13-3019, 13-3601.02 or 13-3623, if any of the following
applies:

1. The relationship
between the victim and the defendant is one of marriage or former marriage or
of persons residing or having resided in the same household.

2. The victim and the
defendant have a child in common.

3. The victim or the
defendant is pregnant by the other party.

4. The victim is related
to the defendant or the defendant's spouse 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, step-grandparent, stepchild,
step-grandchild, brother-in-law or sister-in-law.

5. The victim is a child
who resides or has resided in the same household as the defendant and is
related by blood to a former spouse of the defendant or to a person who resides
or who has resided in the same household as the defendant.

6. The relationship
between the victim and the defendant is currently or was previously a romantic
or sexual relationship. The following factors may be considered in
determining whether the relationship between the victim and the defendant is
currently or was previously a romantic or sexual relationship:

(a) The type of
relationship.

(b) The length of the
relationship.

(c) The frequency of the
interaction between the victim and the defendant.

(d) If the relationship
has terminated, the length of time since the termination.

B. A peace officer, with
or without a warrant, may arrest a person if the officer has probable cause to
believe that domestic violence has been committed and the officer has probable
cause to believe that the person to be arrested has committed the offense,
whether the offense is a felony or a misdemeanor and whether the offense was
committed within or without the presence of the peace officer. In
cases of domestic violence involving the infliction of physical injury or
involving the discharge, use or threatening exhibition of a deadly weapon or
dangerous instrument, the peace officer shall arrest a person who is at least
fifteen years of age, with or without a warrant, if the officer has probable
cause to believe that the offense has been committed and the officer has
probable cause to believe that the person to be arrested has committed the
offense, whether the offense was committed within or without the presence of
the peace officer, unless the officer has reasonable grounds to believe that
the circumstances at the time are such that the victim will be protected from
further injury. Failure to make an arrest does not give rise to
civil liability except pursuant to section 12-820.02. In order
to arrest both parties, the peace officer shall have probable cause to believe
that both parties independently have committed an act of domestic
violence. An act of self-defense that is justified under
chapter 4 of this title is not deemed to be an act of domestic
violence. The release procedures available under section 13-3883,
subsection A, paragraph 4 and section 13-3903 are not applicable to
arrests made pursuant to this subsection.

C. A peace officer may
question the persons who are present to determine if a firearm is present on
the premises. On learning or observing that a firearm is present on
the premises, the peace officer may temporarily seize the firearm if the
firearm is in plain view or was found pursuant to a consent to search and if
the officer reasonably believes that the firearm would expose the victim or
another person in the household to a risk of serious bodily injury or
death. A firearm that is owned or possessed by the victim shall not
be seized unless there is probable cause to believe that both parties
independently have committed an act of domestic violence.

D. If a firearm is seized
pursuant to subsection C of this section, the peace officer shall give the
owner or possessor of the firearm a receipt for each seized
firearm. The receipt shall indicate the identification or serial
number or other identifying characteristic of each seized
firearm. Each seized firearm shall be held for at least seventy-two
hours by the law enforcement agency that seized the firearm.

E. If a firearm is seized
pursuant to subsection C of this section, the victim shall be notified by a
peace officer before the firearm is released from temporary custody.

F. If there is reasonable
cause to believe that returning a firearm to the owner or possessor may
endanger the victim, the person who reported the assault or threat or another
person in the household, the prosecutor shall file a notice of intent to retain
the firearm in the appropriate superior, justice or municipal
court. The prosecutor shall serve notice on the owner or possessor
of the firearm by certified mail. The notice shall state that the
firearm will be retained for not more than six months following the date of
seizure. On receipt of the notice, the owner or possessor may
request a hearing for the return of the firearm, to dispute the grounds for
seizure or to request an earlier return date. The court shall hold
the hearing within ten days after receiving the owner's or possessor's request
for a hearing. At the hearing, unless the court determines that the
return of the firearm may endanger the victim, the person who reported the
assault or threat or another person in the household, the court shall order the
return of the firearm to the owner or possessor.

G. A peace officer is not
liable for any act or omission in the good faith exercise of the officer's
duties under subsections C, D, E and F of this section.

H. Each indictment,
information, complaint, summons or warrant that is issued and that involves
domestic violence shall state that the offense involved domestic violence and
shall be designated by the letters DV. A domestic violence charge
shall not be dismissed or a domestic violence conviction shall not be set aside
for failure to comply with this subsection.

I. A person who is
arrested pursuant to subsection B of this section may be released from custody
in accordance with the Arizona rules of criminal procedure or any other
applicable statute. Any 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 victim and other specifically designated
persons and may provide for additional conditions that the court deems
appropriate, including participation in any counseling programs available to
the defendant.

J. When a peace officer
responds to a call alleging that domestic violence has been or may be
committed, the officer shall inform in writing any alleged or potential victim
of the procedures and resources available for the protection of the victim
including:

1. An order of protection
pursuant to section 13-3602, an injunction pursuant to section 25-315
and an injunction against harassment pursuant to section 12-1809.

2. The emergency telephone
number for the local police agency.

3. Telephone numbers for
emergency services in the local community.

4. Websites for local
resources related to domestic violence.

K. A peace officer is not
civilly liable for noncompliance with subsection J of this section.

L. If a person is
convicted of an offense involving domestic violence and the victim was pregnant
at the time of the commission of the offense, at the time of sentencing the
court shall take into consideration the fact that the victim was pregnant and
may increase the sentence.

M. An offense that is
included in domestic violence carries the classification prescribed in the
section of this title in which the offense is classified. If the
defendant committed a felony offense listed in subsection A of this section
against a pregnant victim and knew that the victim was pregnant or if the
defendant committed a felony offense causing physical injury to a pregnant
victim and knew that the victim was pregnant, the maximum sentence otherwise
authorized for that violation shall be increased by up to two years.

N. When a peace officer responds to a call alleging
that domestic violence has been or may be committed, the officer shall
determine if a minor is present.� If a minor is present, the peace officer
shall conduct a child welfare check to determine if the child is safe and if
the child might be a victim of domestic violence or child abuse.
END_STATUTE