SB 1519 — protective orders; schools; appropriations

6.  A conviction for a violent crime committed by the respondent.

7.  A conviction for an offense involving unlawful use, threatening display or brandishing of a firearm by the respondent in violation of title 13, chapter 31 or a conviction for an offense in another jurisdiction that if committed in this state would be a violation of title 13, chapter 31.

8.  The respondent's history of use, attempted use or threatened use of physical force against another person or stalking another person.

9.  The respondent's recurring abuse of controlled substances or alcohol if the evidence demonstrates that the abuse is a contributing factor to the respondent's dangerousness or violence.

D.  The court shall issue an ex parte severe threat pickup order if the court determines that, based on the factors enumerated in this section, clear and convincing evidence exists to believe that the respondent poses a danger to self or others and that, for the safety of the respondent and others, the respondent should be evaluated by an evaluation agency.

E.  The court shall immediately transmit the petition and an ex parte severe threat pickup order issued pursuant to this section to the county sheriff or local law enforcement agency for the jurisdiction in which the person who is subject to the order resides for service.  The order shall require a law enforcement officer to transport the person who is the subject of the order to the court as soon as practicable for a hearing to determine the validity of the allegations in the petition.  The person who is the subject of the order shall be served with a copy of the petition and the ex parte severe threat pickup order.  The return of service must be filed within twenty‑four hours after service with the clerk of the issuing court.  After the person has had an opportunity to respond to the allegations in the petition at an initial appearance within twenty-four hours, the court shall determine whether clear and convincing evidence still exists to believe that the person poses a danger to self or others.  If the court determines that clear and convincing evidence does not exist, the court shall quash the ex parte severe threat pickup order and notify the sheriff that the order has been quashed.  The petitioner shall be notified of the court's findings.  If the court finds that clear and convincing evidence still exists that the person is a danger to self or others, the court shall order that the ex parte severe threat pickup order remain in place and that the sheriff transport the person, along with a copy of the petition and any evidence that was presented to the court, to an evaluation agency.  The evaluation agency shall evaluate the person for serious mental illness, behavioral health issues and substance abuse as prescribed in section 12-1883, subsections C, D, E and F.

F.  If, after reviewing the evaluation and providing the person who is the subject of the order with a subsequent hearing and an opportunity to respond and be represented by an attorney, the court finds that clear and convincing evidence exists that the person is a danger to self or others, the court shall enter a severe threat order of protection that prohibits the person from possessing a firearm for the duration of the order.

G.  The respondent to an ex parte severe threat pickup order or a severe threat order of protection may consult an attorney before a hearing or an evaluation is conducted pursuant to this section and may have an attorney present at any hearing held pursuant to this article.  If the person who is subject to the order is a minor, the parent or legal guardian of the minor shall be immediately notified of the location to which the minor is being taken and that the minor may consult and have an attorney present at any hearing that is held pursuant to this article.  If the respondent is a minor, the minor shall be appointed a guardian ad litem for the pendency of the proceedings.

H.  An ex parte severe threat pickup order expires after twenty‑one days unless quashed, renewed or extended by the court after a hearing and consideration of the person's compliance with the order and the results of any evaluation that results from the order.

I.  At any time during the period for which the severe threat order of protection is in effect, a person who is subject to the order is entitled to one hearing on written request in order to modify, extend or quash the order.  No fee may be charged for requesting a hearing.  A hearing that is requested by a person who is subject to a severe threat order of protection shall be held at the earliest possible time but not later than ten days after the date of the request unless the court finds good cause to continue the hearing.  If the person is still in the custody of an evaluation agency, the hearing shall be held within five days after the date requested.  An order that is issued pursuant to this section shall state that the person who is subject to the order is entitled to a hearing on written request and that the person may consult and have an attorney present at the hearing.  The order shall include the name and address of the clerk of the court where the request may be filed and the name of the judicial officer who issued the order.  The court may modify, extend or quash the order.

J.  The following information and statement must be included on all ex parte severe threat pickup orders:

To the person named as the subject of this order:

  this is an official court order.  This order is valid until the expiration date and time noted above.  If you disobey this order, you may be arrested and prosecuted for the crime of interfering with judicial proceedings and any other crime you may have committed in disobeying this order.  You will be provided an opportunity for a hearing with a judicial officer to determine if the order will be extended or quashed.  Failure to appear at that hearing may result in a court issuing an order against you that is valid for up to one hundred eighty days.

This order is in effect once served on you and requires you to submit to an evaluation by an evaluation agency.  You are entitled to a hearing regarding the evaluation and any related orders regarding a firearm.  If the order includes a firearm prohibition, you are ordered to surrender all firearms that you possess.

You may not purchase or possess or attempt to purchase or receive a firearm after the order is in place and after the opportunity for a hearing.  You have the right to request one hearing during the period of time that the order is in effect.  You may seek the advice of an attorney as to any matter connected with the order and have an attorney present at any hearing regarding this matter.  The attorney should be consulted promptly so that the attorney may assist you in any matter connected with the order.  K.  A law enforcement officer who is serving an ex parte severe threat pickup order may take temporary custody of any firearm that is in plain sight or discovered pursuant to a consensual or other lawful search and that is necessary for the protection of the law enforcement officer or other persons present as provided in section 13‑3102, subsection L.

L.  Within twenty-four hours after a court issues a severe threat order of protection the court must forward a copy of the order and proof of service, if applicable, to the sheriff's office in the county in which the order was issued for registration by the sheriff in a central repository.  The sheriff shall register the order with the national crime information center and shall indicate on the file whether the person is subject to firearm restrictions.

M.  Each county sheriff shall maintain a central repository to verify the existence and validity of a severe threat order of protection.

N.  Within twenty-four hours after a court modifies, extends or quashes a severe threat order of protection, the court shall send a written order that modifies, extends or quashes the severe threat order of protection to the sheriff in the county where the original order was registered.  The sheriff shall ensure that the national crime information center is updated with this information.

O.  A person who acts pursuant to this article in good faith on either actual knowledge or reliable information is not subject to civil liability for that act.

END_STATUTE START_STATUTE12-1883.  Emergency severe threat order of protection;

detention periodperiod; A.  A law enforcement officer may seek an emergency severe threat order of protection from the superior court that allows the law enforcement officer to take a person into custody if the law enforcement officer has probable cause to believe the person is an immediate danger to self or others and is likely to suffer death or serious physical injury or cause death or serious physical injury to another person unless immediate action is taken.

B.  An emergency severe threat order ofregistration; protection shall be issued using the same procedures for issuing an EMERGENCY order of protection pursuant to section 13‑3624, except that the grounds for issuing an emergency severe threat order of protection include any of the following:

1.  Makingcentral arepository; credible threat of death or serious physical injury, committing an act or attempted act of violence that results in or is intended to result in death or serious physical injury to self or others or cruel mistreatment of an animal within the preceding fourteen days.

2.  Aresponsible patterncustodian ofA.  Beginning makingfrom credibleand threatsafter ofoctober death31, or2018, seriousa physicalpeace injury,officer committingmay actsseek oran attemptedemergency actssevere threat order of violenceprotection from the superior court that resultallows inthe peace officer to take a person into custody if the peace officer has probable cause to believe the person poses a significant danger of imminently causing death or serious physical injury to self or others withinand theis precedinglikely sixto monthssuffer death or cruelserious mistreatmentphysical ofinjury anor animal.cause death or serious physical injury to another person unless immediate action is taken.

3.  SpecificB.  An behaviorsemergency severe threat order of protection may be issued electronically or actsby thattelephone haveas occurreddetermined withinby the precedingsupreme fourteencourt.  An daysemergency andsevere threat order of protection may be issued during the hours that justifythe court is closed.  The presiding judge of the reasonablesuperior beliefcourt thatshall make available a personsuperior iscourt judicial officer who may issue an immediateemergency dangersevere tothreat selforder orof others.protection.

C.  AC.  The lawgrounds enforcementfor officerissuing who takes a person into custody pursuant to an emergency severe threat order of protection shallinclude transporteither the person named in the order to an evaluation agency.  Within seventy‑two hours after the person is admitted not including weekends and holidays, the evaluating agency must complete an evaluation of the personfollowing: for serious mental illness, behavioral health issues and substance abuse.

D.  If1.  Making thea personcredible whothreat isof subjectdeath toor theserious orderphysical refusesinjury toor participatecommitting inan theact evaluation,or theattempted evaluationact agencyof shallviolence notifythat theresults courtin andor theis person'sintended legalto guardian,result ifin applicable,death ofor theserious knownphysical factsinjury andto circumstancesself andor requestothers thatwithin the courtpreceding holdfourteen adays. hearing and enter an order pursuant to section 36‑530, subsection D.

E.  The2.  A evaluationpattern agencyof shallmaking providecredible thethreats evaluationof resultsdeath toor theserious court. physical Theinjury courtor shallcommitting scheduleacts aor hearingattempted asacts soonof asviolence practicable but not more than five days after the court receives the evaluation results.  If the court finds by clear and convincing evidence that theresult personin whodeath isor subjectserious tophysical theinjury order is an immediate danger to self or others,others thewithin court shall issue a severe threat order of protection and schedule a hearing in ten days to determine the periodpreceding ofsix timemonths. that the order will remain in effect.  The court may order the person to undergo treatment pursuant to section 36‑540, subsections A, b and C.

F.  IfD.  A thepeace courtofficer doeswho nottakes finda the person whointo iscustody subjectpursuant to thean emergency severe threat order toof protection shall notify the respondent that a hearing shall be anheld immediateto determine if clear and convincing evidence exists that the respondent poses a significant danger of causing death or serious physical injury to self or others,others.  At the courthearing, the respondent shall notifyhave an opportunity to respond to any allegations made against the lawrespondent.  if enforcementthe agencyrespondent thatdeclines requestedto have a hearing, the emergencypeace severeofficer threatshall transport the person named in the order to an evaluation agency.  the respondent shall have the opportunity at an initial hearing or, if an initial hearing was declined, at an evaluation to make and complete up to two phone calls.  the respondent may have an attorney present at any hearing held pursuant to this article.  if the respondent is a minor, the parent or legal guardian of protectionthe withinminor twenty‑fourshall hoursbe afterimmediately thatnotified determinationof the location to which the minor is made.  Thebeing courttaken mayand remandthat the personminor may consult and have an attorney present at any hearing that is held pursuant to this article.  If the custodyrespondent ofis a lawminor, enforcementthe minor shall be appointed a guardian ad litem for the pendency of the proceedings.  Within seventy‑two hours after the respondent is admitted, not including weekends and holidays, the evaluating agency tomust addresscomplete anyan pendingevaluation criminalof charges.the respondent for behavioral health issues.

G.  AnE.  the emergencyrespondent severeshall threatbe orderinformed ofthat protectionthe expiresrespondent aftermay fourteenrefuse daysto unlessparticipate quashed,in renewedthe orevaluation extendedand bythat a hearing shall be held.  If the courtrespondent afterrefuses ato hearingparticipate andin consideringthe evaluation, the person'sevaluation complianceagency withshall notify the ordercourt and the resultsrespondent's legal guardian, if applicable, of anythe evaluationknown thatfacts resultsand fromcircumstances and request that the order.court hold a hearing and enter an order pursuant to section 36‑530, subsection D.

END_STATUTEF.  The START_STATUTE12-1884.  Severeevaluation threatagency ordershall ofprovide protection extension A.  A petitioner may file a verified petition in the superiorevaluation courtresults requesting that an emergency severe threat order of protection be extended for up to one hundred eighty days if clear and convincing evidence exists that the personcourt. who is subject to the order is a danger to self or others based on the factors included in section 12‑1882.

B.  If The the court determinesshall thatschedule thea personhearing whoas issoon subjectas topracticable thebut ordernot haslater failedthan tothe appearnext orcourt respondday toafter athe petitioncourt toreceives extendthe aevaluation severeresults.  A threatpeace orderofficer ofshall protectiontransport afterthe beingrespondent personallyto servedthe andhearing.  If given the opportunitycourt, forbased a hearing on the requestedevaluation extensionreport and ifthe clearfactors andincluded convincingin evidencesubsection stillG existsof thatthis thesection, personfinds whoby isclear subjectand toconvincing evidence that the orderrespondent isposes a significant danger toof selfimminently orcausing othersdeath basedor onserious thephysical factorsinjury includedto inself sectionor 12‑1882,others, the court shall issue thean emergency severe threat order of protection for up to onefourteen hundreddays.  eightyThe days.court may refer the respondent for further proceedings pursuant to section 36‑531, subsection B.

C.  IfG.  The the court determinesshall thatreview the personrequest whofor isan subjectemergency tosevere thethreat order isof notprotection, aany dangerother topleadings selfon orfile othersand after reviewing any evaluationevidence resultsoffered andby the factorspeace includedofficer inor sectionanother 12‑1882,person, theincluding courtany shallevidence quashof: the severe threat order of protection and follow the procedures included in section 12-1882.

END_STATUTE1.  a START_STATUTE12-1885.  Applicabilityrecent credible threat to minors;cause death or serious physical injury or an act or attempted act that is intended to cause death or serious physical injury to self or others by the respondent.

juvenile2.  A courtpattern transferof Ifthreats theto respondentcause todeath aor petitionserious forphysical ainjury severeor threatacts orderor ofattempted protectionacts isthat aare minor,intended theto petitioncause shalldeath beor transferredserious physical injury to self or others by the juvenilerespondent court.within the preceding six months.

END_STATUTEEvidence START_STATUTE12-1886.  Confidentialthat recordsthe Arespondent petitionhas andviolated anyan supportingorder documentsof thatprotection areor filedan pursuantinjunction toagainst thisharassment articlethrough areviolent confidentialor andthreatening arebehavior notmay publicbe recordsused untilto demonstrate a severepattern threatfor orderthe purposes of protectionthis isparagraph. issued by the court.

END_STATUTE3.  Known START_STATUTE12-1887.  Prohibiteddangerous possessionmental health issues of athe firearm;respondent.

4.  The respondent's having previously been subject to or currently being subject to an emergency severe threat order of protection.

5.  A conviction for a violent crime committed by the respondent.

6.  A conviction for an offense in this state or another jurisdiction involving the unlawful discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or the intentional or knowing infliction of serious physical injury on another person with a firearm by the respondent.

7.  The respondent's history of use, attempted use or threatened use of unlawful physical force against another person or stalking another person.

H.  If the court does not find that the respondent poses a significant danger of imminently causing death or serious physical injury to self or others, the court shall order the respondent's release and notify the law enforcement agency that requested the emergency severe threat order of protection within twenty‑four hours after that determination is made.  The court may remand the respondent to the custody of a law enforcement agency to address any pending criminal charges.

I.  An emergency severe threat order of protection expires after fourteen days.

J.  Within twenty‑four hours after a court issues an emergency severe threat order of protection, the court shall forward a copy of the order and proof of service, if applicable, to the sheriff's office in the county in which the order was issued for registration by the sheriff in a central repository.  The sheriff shall register the order with the national crime information center and shall indicate on the file that the respondent is subject to firearm restrictions.  On the expiration of an emergency severe threat order of protection, the sheriff shall immediately ensure that the national crime information center is updated with this information.

K.  Each county sheriff shall maintain a central repository to verify the existence and validity of an emergency severe threat order of protection.

L.  If the court issues an emergency severe threat order of protection and the respondent possesses any firearms, the respondent shall provide the court with the name of a responsible custodian.  The responsible custodian must take possession of all firearms that the respondent possesses or transfer possession of the firearms to the sheriff, a local law enforcement agency or a federally licensed firearms dealer within twenty‑four hours after the order is issued.  The respondent may not possess any firearms after the court issues the order.  If the respondent possesses any firearms and does not identify a responsible custodian or submit evidence of the respondent's compliance with this subsection to the sheriff or a local law enforcement agency within twenty‑four hours after the order is issued, the court, on the request of the sheriff or a local law enforcement agency, may issue a search warrant for the firearms.

END_STATUTE START_STATUTE12-1883.  Applicability to minors;

juvenile court transfer If the respondent to a request for an emergency severe threat order of protection is a minor, the request shall be transferred to the juvenile court.

END_STATUTE START_STATUTE12-1884.  Confidential records A request for an emergency severe threat order of protection and any supporting documents that are filed pursuant to this article are confidential and are not public records until an emergency severe threat order of protection is issued by the court.

END_STATUTE START_STATUTE12-1885.  Prohibited possession of a firearm;

classification A.  A person who is subject to aan emergency severe threat order of protection may not possess or purchase a firearm after the order has been served and an opportunity for a hearing was provided.  A person who violates this section is guilty of a class 4 felony.

B.  If the subject of aan emergency severe threat order of protection is a minor and a parent, legal guardian or household member owns a firearm, the parent or legal guardian shall attest to the court under oath as part of the emergency severe threat order of protection proceedings that the firearm is secured and that the minor who is the subject of the order cannot access the firearm.

C.  A lawpeace enforcement officer who is servingtaking a severeperson threatinto ordercustody offor protection or an exemergency parte severe threat pickup order of protection may take temporary custody of any firearm that is in plain sight or discovered pursuant to a consensual or other lawful search and that is necessary for the protection of the lawpeace enforcement officer or other persons present as provided in section 13‑3102, subsection L.L.  A firearm that is taken into temporary custody pursuant to this subsection must be returned at the end of the contact.

D.  IfD.  A aperson firearmwho is seizedsubject andto removedan fromemergency thesevere locationthreat pursuantorder toof thisprotection section,shall theimmediately lawappoint enforcementa officerresponsible shallcustodian providewho themust ownertake orpossession possessor of all firearms that are possessed by the firearmperson withwho ais receiptsubject forto eachthe seizedorder firearm.  Thewithin receipttwenty‑four musthours includeafter the identificationorder oris serialissued.  numberThe orresponsible anothercustodian identifyingmay characteristiceither retain possession of eachthe seizedfirearms firearm. or Eachtransfer seizedthe firearmfirearms shallto bethe heldsheriff, safelya andlocal withoutlaw beingenforcement damagedagency or a federally licensed firearms dealer for the duration of the emergency severe threat order of protectionprotection.  The person who is subject to the order shall submit evidence to the sheriff or untila local law enforcement agency within twenty‑four hours after the ownerorder provideswas forissued otherthat meansthe responsible custodian has taken possession of storageor bytransferred the firearms.  If a person who mayis lawfullysubject to an emergency severe threat order of protection does not own or possess a firearm, the firearm.  Theperson firearmshall mayattest beto disposedthe ofsheriff onlyor ina accordancelocal withlaw sectionenforcement 12-941.agency under oath that the person does not own or possess a firearm.

E.  If a firearmperson who is seizedsubject andto removedan fromemergency severe threat order of protection does not submit evidence of the locationperson's pursuantcompliance towith subsection D of this section,section to the petitionersheriff shallor bea notifiedlocal bylaw enforcement agency within twenty-four hours after the order, the sheriff or a local law enforcement agency thatshall seizedrequest that the firearmcourt beforeissue thea search warrant to allow a peace officer to search for and seize any firearm that is released.in the person's possession.

F.  If a personfirearm is subjectseized toand aremoved severeby threat order of protection that prohibits the possession of a firearm,peace withinofficer twenty-fourpursuant hoursto afterthis thesection, order is issued, the personpeace officer shall turnprovide overthe anyowner firearmsor thatpossessor areof possessed by the personfirearm towith a lawreceipt enforcementfor agency,each aseized federallyfirearm.  The licensedreceipt firearmsmust dealerinclude orthe aidentification responsibleor custodian.  Theserial personnumber shallor submitanother evidenceidentifying characteristic of theeach person'sseized compliancefirearm.  withEach thisseized subsectionfirearm toshall abe lawheld enforcementsafely agencyand withinwithout twenty‑fourbeing hoursdamaged afterfor the orderduration thatof the personemergency turnedsevere overthreat anyorder firearmof forprotection safekeeping to a federally licensed firearms dealer or auntil responsible custodian who affirms that the personowner willprovides not have access to the firearm for theother durationmeans of thestorage order. by If a person who ismay subjectlawfully topossess athe severefirearm.  If threata orderseized offirearm protectionis doesunable notto ownbe orreturned possessto athe firearm,owner, the personfirearm shallmay attestbe todisposed theof courtonly underin oathaccordance thatwith thechapter person7, doesarticle not8 ownof orthis possesstitle. a firearm.

G.  IfG.  After aan personorder whoexpires or is subjectquashed, tothe acourt severeshall threatprovide orderthe subject of protection that prohibits the possessionorder ofwith adocumentation firearmthat doesstates notthat submitthe evidenceorder ofhas theexpired person'sor compliancehas withbeen subsectionquashed Fand ofis thisno sectionlonger toin aeffect.  A law enforcement agency withinthat twenty-fourhas hourscustody afterof thea order,firearm shall release the petitionerfirearm orwithin atwenty-four lawhours, enforcementexcluding officerweekends mayand requestholidays, thatafter the courtreceipt issueof athe searchevidence warrantthat tothe alloworder ahas lawexpired enforcementor officerbeen toquashed searchor forreceipt andof seizea anycourt firearmdocument evidencing that the person is innot theprohibited person'sfrom possession.possessing a firearm.

H.  AfterH.  If ana orderperson expireshas orbeen isfound quashed,to thepose courta shallsignificant providedanger the subject of theimminently ordercausing withdeath documentationor thatserious statesphysical thatinjury theto orderself has expired or hasothers been quashed and isthe nocourt longerenters inan effect.  Aemergency lawsevere enforcementthreat agencyorder that has custody of aprotection firearmpursuant shallto releasesection the12‑1882, firearmThe withinsuperior twenty-fourcourt hours,may excludingaccess weekends and holidays, after the receiptinformation of thea evidenceperson thatwho theis ordersubject hasto expiredan oremergency beensevere quashedthreat ororder receipt of aprotection courtto documentenforce evidencingor thatfacilitate thean personorder. is not prohibited from possessing a firearm.

I.  IfI.  On arequest, firearm is not owned or possessed by the subjectclerk of the ordercourt but is owned or possessed by a minor or household member, the parent or legal guardian shall submitprovide ancertified affidavitcopies to the court stating that appropriate measures have been taken to ensure that the subject of the order will not have access to thea firearm. law Appropriateenforcement measures include securing the firearm at another location, securing the firearm in an appropriate safe or otherprosecuting measuresagency that willis ensureinvestigating theor subjectprosecuting ofa theprohibited orderpossessor cannotas accessdefined thein firearm.section 13-3101.

J.  IfJ.  A a person hasis beenguilty foundof to constitute a dangerclass to5 selffelony orif others and the court enters a severe threat order of protection pursuant to section 12‑1882 or 12‑1883, the court shall follow the procedures included in section 12-1882.  The superior court may access the information of a person whoboth: is subject to a severe threat order of protection to enforce or facilitate an order.

K.  On1.  Intentionally request,or theknowingly clerkallows ofaccess the court shall provide certified copies of the order to a lawfirearm enforcementby ora prosecutingperson agencywho that is investigatingsubject orto prosecutingan aemergency prohibitedsevere possessorthreat asorder definedof inprotection. section 13-3101.

L.  A person is guilty of a class 4 felony if the person both:

1.  Intentionally or knowingly allows access to a firearm by a person who is subject to a severe threat order of protection.

END_STATUTE START_STATUTE12-1888.  SupremeSTART_STATUTE12-1886.  Supreme court reporting The supreme court shall submit an annual report to the president of the senate, the speaker of the house of representatives and the governor with the following information and submit a copy of the report to the secretary of state:

1.  The numberaverage length of petitionstime filedthat pursuantit takes for the superior court to thisreceive article.an evaluation report after the respondent arrives at an evaluation agency.

2.  The dispositionnumber of eachtimes petition.in which the court ordered an evaluation and an evaluation report was not issued.

3.  The lengthnumber of timeemergency thatsevere eachthreat orderorders wasof inprotection effect.requested and denied.

4.  The number of casessearch inwarrants whichto seize a firearm wasissued seized.pursuant to section 12‑1885, subsection E.

B.  False swearing is a class 6 felony, except that it is a class 5 felony if the person makes the false sworn statement for the purpose of obtaining aan emergency severe threat order of protection.

(h)  Who is subject to a valid emergency severe threat order of protection if the person was personally served with the order and provided an opportunity for a hearing.

mental health first aid training;

postingposting; A.  On or before July 1, 2019, the Arizona health care cost containment system administration shall annually identify or develop and post on the administration's website web‑based training on the topic of suicide prevention that may be used to fulfill the requirements of this section.  The administration shall annually update these approved materials.

B.  Beginningconfirmation inof training completion A.  On or before July 1, 2019, the 2019-2020Arizona schoolhealth year,care schoolcost districtscontainment system administration shall annually identify or develop and charterpost schoolson shallthe requireadministration's website web‑based training on the followingtopic forof teachers,suicide principalsprevention and othermental schoolhealth personnelfirst whoaid workthat may be used to fulfill the requirements of this section.  The administration shall consult with pupilsother organizations that have expertise in gradessuicide sixprevention throughand twelve:mental health first aid when identifying or developing the training.  The administration shall annually update these approved materials.

B.  Beginning in the 2019-2020 school year, school districts, charter schools and the Arizona state schools for the deaf and the blind shall require the following only for teachers, principals and other school personnel who work with pupils in grades six through twelve:

4.  Mental health first aid training.

2.  May be provided within the framework of existing in-service training programs offered by the school districtdistrict, or charter school or the Arizona state schools for the deaf and the blind or as part of professional development activities.

D.  On completion of the training that is required by this section, each school district and charter school and The arizona state schools for the deaf and the blind shall provide to the teacher, principal and other school personnel a document that confirms that the required training has been completed.

agreements with law enforcement A.  Beginning in the 2018‑2019 school year, the arizona state schools for the deaf and the blind and each school district orand charter school that issues student identification cards shall include on the identification cards the telephone number of the safe schools hotline that is operated by the center for school safety and established pursuant to section 41‑1711.

B.  Each visitor to the campus of a local education agencyagency, on request, shall provide identification to any school employee.  A school employeeadministrator may inform a visitor who fails to provide identification that the visitor must leave the campus or be subject to a trespass violation.

C.  Each school district and charter school,school and the Arizona state schools for the deaf and the blind, in conjunction with local law enforcement agencies and emergency response agencies, shall:

2.  Provide professional development for teachers and staff on the policies and procedures of the school district or charter school related to school safety.

3.  Develop and continuously maintain an emergency response plan for each school in accordance with the minimum standards that are jointly developed by the department of education, the department of public safety and the division of emergency management in the department of emergency and military affairs.  The emergency response plan is critical infrastructure information as defined in section 41‑1801 and does not constitute a public record.  The emergency response plan shall contain the contact information for all local law enforcement agencies whose jurisdictions includes the school and, if available, the contact information for the school resource officer assigned to the school and the law enforcement agency affiliated with that school resource officer.officer.  As part of the emergency response plan, the SCHOOL ADMINISTRATOR of a school, a charter school and the Arizona state schools for the deaf and the blind may each dEVELOP and CONTINUously maintain an active shooter training program.  Each emergency response plan may include reserve peace officers trained pursuant to section 15‑154, subsection a, paragraph 4.

D.  A school districtdistrict, ora charter school or the Arizona state schools for the deaf and the blind may enter into an agreement with the department of public safety, a county sheriff or a local law enforcement agency to allow active or reserve lawpeace enforcement officers towho provide security on school grounds if they are certified by the Arizona peace officer standards and training board.  Aboard or qualified retired law enforcement officers as defined IN 18 uNITED sTATES cODE SECTION 926c to provide security on school grounds.  A person who is employed by a school district, A CHARTER SCHOOL OR THE aRIZONA STATE SCHOOLS FOR THE DEAF AND THE BLIND who is certified by the arizona peace officer standards and training board and who becomes a reserve peace officer pursuant to the agreement hasis nonot required to participate in additional reserve duties, commitments or obligations when the person is not on school property with the exception of the training required to maintain the person's peace officer certification.certification.  nothing in this section shall prohibit an authorized person from carrying or possessing a weapon on school grounds pursuant to section 15-341, subsection A, paragraph 23.

E.  AE.  The schoolgoverning districtboard orof chartera school maydistrict, enter into an agreement with the departmentgoverning body of public safety, a countycharter sheriffschool orand athe localboard lawof enforcementdirectors agencyfor tothe allowarizona peacestate officersschools whosefor jurisdictionthe includesdeaf aand school to use the school’sblind indoorshall orprovide outdoorinformation facilitiesat andleast propertyonce duringeach the hours that the school isyear open to completeemployees administrativeabout tasks,reserve includingpeace paperwork,officer whiletraining. on duty.

F.  A school district, A charter school or tHE aRIZONA STATE SCHOOLS FOR THE DEAF AND THE BLIND may enter into an agreement with the department of public safety, a county sheriff or a local law enforcement agency to allow peace officers whose jurisdiction includes a school to use the school's indoor or outdoor facilities and property during the hours that the school is open to complete administrative tasks, including paperwork, while on duty.

discipline A.  A school district governing board and a charter school governing body shall prescribe and enforce policies and procedures for school personnel, pursuant to section 15‑341, subsection A, paragraph 30, to report to the sheriff or the local law enforcement agenciesagency any suspected crime against a person or property that is a serious offense as defined in section 13-706 or that involves a deadly weapon or dangerous instrument or serious physical injury and any conduct that poses a threat of death or serious physical injury to employees, students or other persons on the school property.

B.B.  A school district governing board or a charter school governing body shall prescribe and enforce policies and procedures that require notification to be made to the parent or guardian of each student who is involved in a suspected crime or any conduct that is described in subsection a of this section.

AC.  A schoolperson districtwho governingviolates boardsubsection ora of this section may be disciplined and subject to dismissal for a violation of the policies of charter school governing body shallOR prescribeSCHOOL andDISTRICT enforceGOVERNING policiesBOARD andpursuant proceduresto thatsection require15‑341, notificationsubsection toa, beparagraphS made21 toAND the22.  parentA orSCHOOL guardianDISTRICT ofGOVERNING eachBOARD studentOR whoA isCHARTER involvedSCHOOL inGOVERNING aBODY suspectedSHALL crimePRESCRIBE orAND anyENFORCE conductPOLICIES thatAND isPROCEDURES describedTHAT inREQUIRE subsectionA aRECORD ofTO thisBE section.  TheMAINTAINED notificationFOR mayANY notPERSON violateWHO anyIS studentDISCIPLINED dataPURSUANT privacyTO law,THIS includingSUBSECTION theAND, familyON educationalREQUEST, rightsSHALL andMAKE privacyANY actSUCH ofRECORD 1974AVAILABLE (20TO UnitedANY StatesPUBLIC CodeSCHOOL, sectionSCHOOL 1232g).DISTRICT GOVERNING BOARD OR CHARTER SCHOOL GOVERNING BODY THAT INTENDS TO HIRE THAT PERSON.

C.  A person who violates subsection a of this section may be disciplined for a violation of the policies of the school district governing board or charter school governing body pursuant to section 15‑341, subsection a, paragraph 22.

3.  4.  A plan to use trained school resource officers, volunteersACTIVE OR RESERVE peace OFFICERS who are certified by the Arizona peace officer standards and training board OR QUALIFIED RETIRED LAW ENFORCEMENT OFFICERS as defined IN 18 uNITED sTATES cODE SECTION 926c or juvenile probation officers in the school, or both.both ANY COMBINATION OF THOSE OFFICERS.   4.  5.  If the school district or charter school has already participated in the school safety program, information on the success, compliance and implementation of the most recent grant.

4.  5.  IfB.  The department of education shall administer the program in cooperation with the courts, law enforcement agencies and law‑related education providers awarded a contract pursuant to section 41‑2534, subject to review and approval by the state board of education.  The department of education shall use relevant crime statistics to assess the needs of each program proposal and shall visit school districtdistricts orand charter schoolschools hasthat alreadysubmit participatedprogram proposals in theorder schoolto safetyverify program,the information oncontained in the success,program complianceproposals.  The department of education shall contract to provide guidelines, curricula and implementationsupport ofresources thefor mostschool recentresource grant.officers and juvenile probation officers to use in implementing a law‑related education program.

6.  A letter in support of the program proposal from the chief officer of at least one law enforcement agency.

B.  The department of education shall administer the program in cooperation with the courts, law enforcement agencies and law‑related education providers awarded a contract pursuant to section 41‑2534, subject to review and approval by the state board of education.

The department of education, in coordination with the department of public safety, shall use relevant crime statistics to assess the needs of each program proposal and shall visit school districts and charter schools that submit program proposals in order to verify the information contained in the program proposals.  The department of education shall contract to provide guidelines, curricula and support resources for school resource officers and juvenile probation officers to use in implementing a law‑related education program.

G.  THE DEPARTMENT OF EDUCATION SHALL MEET WITH REPRESENTATIVES FROM SCHOOL DISTRICTS AND CHARTER SCHOOLS, THE DEPARTMENT OF PUBLIC SAFETYSAFETY, county sheriffs AND LOCAL LAW ENFORCEMENT AGENCIES ON A QUARTERLY BASIS TO DISCUSS SCHOOL SAFETY.

21.  Prescribe and enforce policies and procedures for disciplinary action against a teacher who engages in conduct that is a violation of the policies of the governing board but that is not cause for dismissal of the teacher or for revocation of the certificate of the teacher.  Disciplinary action may include suspension without pay for a period of time not to exceed ten school days.  Disciplinary action shall not include suspension with pay or suspension without pay for a period of time longer than ten school days.days.  The procedures shall include notice, hearing and appeal provisions for violations that are cause for disciplinary action.  The governing board may designate a person or persons to act on behalf of the board on these matters.

The procedures shall include notice, hearing and appeal provisions for violations that are cause for disciplinary action.  The governing board may designate a person or persons to act on behalf of the board on these matters.

(b)  Guidelines, information and forms, developed in consultation with a statewide private entity that supervises interscholastic activities, to inform and educate coaches, pupils and parents of the dangers of concussions and head injuries and the risks of continued participation in athletic activity after a concussion.concussion.  The policies and procedures shall require that, before a pupil participates in an athletic activity, the pupil and the pupil's parent must sign an information form at least once each school year that states that the parent is aware of the nature and risk of concussion.  The policies and procedures shall require that a pupil who is suspected of sustaining a concussion in a practice session, game or other interscholastic athletic activity be immediately removed from the athletic activity.  A coach from the pupil's team or an official or a licensed health care provider may remove a pupil from play.  A team parent may also remove the parent's own child from play.  A pupil may return to play on the same day if a health care provider rules out a suspected concussion at the time the pupil is removed from play.  On a subsequent day, the pupil may return to play if the pupil has been evaluated by and received written clearance to resume participation in athletic activity from a health care provider who has been trained in the evaluation and management of concussions and head injuries.  A health care provider who is a volunteer and who provides clearance to participate in athletic activity on the day of the suspected injury or on a subsequent day is immune from civil liability with respect to all decisions made and actions taken that are based on good faith implementation of the requirements of this subdivision, except in cases of gross negligence or wanton or wilful neglect.  A school district, school district employee, team coach, official or team volunteer or a parent or guardian of a team member is not subject to civil liability for any act, omission or policy undertaken in good faith to comply with the requirements of this subdivision or for a decision made or an action taken by a health care provider.  A group or organization that uses property or facilities owned or operated by a school district for athletic activities shall comply with the requirements of this subdivision.  A school district and its employees and volunteers are not subject to civil liability for any other person or organization's failure or alleged failure to comply with the requirements of this subdivision.  This subdivision does not apply to teams that are based in another state and that participate in an athletic activity in this state.  For the purposes of this subdivision, athletic activity does not include dance, rhythmic gymnastics, competitions or exhibitions of academic skills or knowledge or other similar forms of physical noncontact activities, civic activities or academic activities, whether engaged in for the purposes of competition or recreation.  For the purposes of this subdivision, "health care provider" means a physician who is licensed pursuant to title 32, chapter or 17, an athletic trainer who is licensed pursuant to title 32, chapter 41, a nurse practitioner who is licensed pursuant to title 32, chapter 15, and a physician assistant who is licensed pursuant to title 32, chapter 25.

 The policies and procedures shall require that, before a pupil participates in an athletic activity, the pupil and the pupil's parent must sign an information form at least once each school year that states that the parent is aware of the nature and risk of concussion.  The policies and procedures shall require that a pupil who is suspected of sustaining a concussion in a practice session, game or other interscholastic athletic activity be immediately removed from the athletic activity.  A coach from the pupil's team or an official or a licensed health care provider may remove a pupil from play.  A team parent may also remove the parent's own child from play.  A pupil may return to play on the same day if a health care provider rules out a suspected concussion at the time the pupil is removed from play.  On a subsequent day, the pupil may return to play if the pupil has been evaluated by and received written clearance to resume participation in athletic activity from a health care provider who has been trained in the evaluation and management of concussions and head injuries.  A health care provider who is a volunteer and who provides clearance to participate in athletic activity on the day of the suspected injury or on a subsequent day is immune from civil liability with respect to all decisions made and actions taken that are based on good faith implementation of the requirements of this subdivision, except in cases of gross negligence or wanton or wilful neglect.

A school district, school district employee, team coach, official or team volunteer or a parent or guardian of a team member is not subject to civil liability for any act, omission or policy undertaken in good faith to comply with the requirements of this subdivision or for a decision made or an action taken by a health care provider.  A group or organization that uses property or facilities owned or operated by a school district for athletic activities shall comply with the requirements of this subdivision.  A school district and its employees and volunteers are not subject to civil liability for any other person or organization's failure or alleged failure to comply with the requirements of this subdivision.  This subdivision does not apply to teams that are based in another state and that participate in an athletic activity in this state.  For the purposes of this subdivision, athletic activity does not include dance, rhythmic gymnastics, competitions or exhibitions of academic skills or knowledge or other similar forms of physical noncontact activities, civic activities or academic activities, whether engaged in for the purposes of competition or recreation.  For the purposes of this subdivision, "health care provider" means a physician who is licensed pursuant to title 32, chapter or 17, an athletic trainer who is licensed pursuant to title 32, chapter 41, a nurse practitioner who is licensed pursuant to title 32, chapter 15, and a physician assistant who is licensed pursuant to title 32, chapter 25.

30.  Report to local law enforcement agencies any suspected crime against a person or property that is a serious offense as defined in section 13‑706 or that involves a deadly weapon or dangerous instrument or serious physical injury and any conduct that poses a threat of death or serious physical injury to employees, students or anyone on the property of the school.  This paragraph does not limit or preclude the reporting by a school district or an employee of a school district of suspected crimes other than those required to be reported by this paragraph. paragraph.  For For the purposes of this paragraph, "dangerous instrument", "deadly weapon" and "serious physical injury" have the same meanings prescribed in section 13‑105.

The notice shall include the reasons for the proposed closure and the time and place of the meeting.  The governing board shall fix a time for a public meeting on the proposed closure no not less than ten days before voting in a public meeting to close the school.  The school district governing board shall give notice of the time and place of the meeting.  At the time and place designated in the notice, the school district governing board shall hear reasons for or against closing the school.  The school district governing board is exempt from this paragraph if it is determined by the governing board determines that the school shall be closed because it poses a danger to the health or safety of the pupils or employees of the school.  A governing board may consult with the school facilities board for technical assistance and for information on the impact of closing a school. school.  The The information provided from the school facilities board shall not require the governing board to take or not take any action.

(a)  Allowing pupils who have been diagnosed with anaphylaxis by a health care provider licensed pursuant to title 32, chapter 13, 14, 17 or 25 or by a registered nurse practitioner licensed and certified pursuant to title 32, chapter 15 to carry and self-administer emergency medications, including epinephrine auto‑injectors, while at school and at school‑sponsored activities.  The pupil's name on the prescription label on the medication container or on the medication device and annual written documentation from the pupil's parent or guardian to the school that authorizes possession and self-administration is sufficient proof that the pupil is entitled to the possession and self‑administration of the medication. medication.  The The policies shall require a pupil who uses an epinephrine auto‑injector while at school and at school‑sponsored activities to notify the nurse or the designated school staff person of the use of the medication as soon as practicable. practicable.  A A school district and its employees are immune from civil liability with respect to all decisions made and actions taken that are based on good faith implementation of the requirements of this subdivision, except in cases of wanton or wilful neglect.

(e)  A formal process for the documentation of reported incidents of harassment, intimidation or bullying and for the confidentiality, maintenance and disposition of this documentation.  School districts shall maintain documentation of all incidents reported pursuant to this paragraph for at least six years.  The school shall not use that documentation to impose disciplinary action unless the appropriate school official has investigated and determined that the reported incidents of harassment, intimidation or bullying occurred. occurred.  If If a school provides documentation of reported incidents to persons other than school officials or law enforcement, all individually identifiable information shall be redacted.

D.  The governing board may not locate a school on property that is less than one‑fourth mile from agricultural land regulated pursuant to section 3‑365, except that the owner of the agricultural land may agree to comply with the buffer zone requirements of section 3‑365.  If the owner agrees in writing to comply with the buffer zone requirements and records the agreement in the office of the county recorder as a restrictive covenant running with the title to the land, the school district may locate a school within the affected buffer zone. zone.  The The agreement may include any stipulations regarding the school, including conditions for future expansion of the school and changes in the operational status of the school that will result in a breach of the agreement.

END_STATUTE Sec. 11.  Section 36-519,15-512, Arizona Revised Statutes, is amended to read:

START_STATUTE15-512.  Noncertificated personnel;

fingerprinting personnel;

background investigations;

affidavit;

civil immunity;

violation;

classification;

definition A.  Noncertificated personnel and personnel who are not paid employees of the school district and who are not either the parent or the guardian of a pupil who attends school in the school district but who are required or allowed to provide services directly to pupils without the supervision of a certificated employee and who are initially hired by a school district after January 1, 1990 shall be fingerprinted as a condition of employment except for personnel who are required as a condition of licensing to be fingerprinted if the license is required for employment or for personnel who were previously employed by a school district and who reestablished employment with that district within one year after the date that the employee terminated employment with the district.  A school district may require noncertificated personnel and personnel who are not paid employees of the school district and who are not either the parent or the guardian of a pupil who attends school in the school district but who are required or allowed to provide services directly to pupils without the supervision of a certificated employee to obtain a fingerprint clearance card as a condition of employment.  Even if the school district does not require a fingerprint clearance card as a condition of employment, noncertificated personnel and personnel who are not paid employees of the school district and who are not either the parent or the guardian of a pupil who attends school in the school district but who are required or allowed to provide services directly to pupils without the supervision of a certificated employee may apply for a fingerprint clearance card.  A school district may release the results of a background check or communicate whether the person has been issued or denied a fingerprint clearance card to another school district for employment purposes.  The employee's fingerprints and the form prescribed in subsection D of this section shall be submitted to the school district within twenty days after the date an employee begins work.  A school district may terminate an employee if the information on the form provided under subsection D of this section is inconsistent with the information received from the fingerprint check or the information received in connection with a fingerprint clearance card application.  The school district shall develop procedures for fingerprinting employees.  For the purposes of this subsection, "supervision" means under the direction of and, except for brief periods of time during a school day or a school activity, within sight of a certificated employee when providing direct services to pupils.

B.  Fingerprints submitted pursuant to this section shall be used to conduct a state and federal criminal records check pursuant to section 41‑1750 and Public Law 92‑544.  The department of public safety may exchange this fingerprint data with the federal bureau of investigation.

C.  The school district shall assume the costs of fingerprint checks and fingerprint clearance cards and may charge these costs to its fingerprinted employee, except that the school district may not charge the costs of the fingerprint check or the fingerprint clearance card to personnel of the school district who are not paid employees.  The fees charged for fingerprinting shall be deposited with the county treasurer who shall credit the deposit to the fingerprint fund of the school district.  The costs charged to a fingerprinted employee are limited to and the proceeds in the fund may only be applied to the actual costs, including personnel costs, incurred as a result of the fingerprint checks or the fingerprint clearance cards.  The fingerprint fund is a continuing fund that is not subject to reversion.

D.  Personnel required to be fingerprinted or obtain a fingerprint clearance card as prescribed in subsection A of this section shall certify on forms that are provided by the school and notarized whether they are awaiting trial on or have ever been convicted of or admitted in open court or pursuant to a plea agreement committing any of the following criminal offenses in this state or similar offenses in another jurisdiction:

1.  Sexual abuse of a minor.

2.  Incest.

3.  First or second degree murder.

4.  Kidnapping.

5.  Arson.

6.  Sexual assault.

7.  Sexual exploitation of a minor.

8.  Felony offenses involving contributing to the delinquency of a minor.

9.  Commercial sexual exploitation of a minor.

10.  Felony offenses involving sale, distribution or transportation of, offer to sell, transport, or distribute or conspiracy to sell, transport or distribute marijuana or dangerous or narcotic drugs.

11.  Felony offenses involving the possession or use of marijuana, dangerous drugs or narcotic drugs.

12.  Misdemeanor offenses involving the possession or use of marijuana or dangerous drugs.

13.  Burglary in the first degree.

14.  Burglary in the second or third degree.

15.  Aggravated or armed robbery.

16.  Robbery.

17.  A dangerous crime against children as defined in section 13‑705.

18.  Child abuse.

19.  Sexual conduct with a minor.

20.  Molestation of a child.

21.  Manslaughter.

22.  Aggravated assault.

23.  Assault.

24.  Exploitation of minors involving drug offenses.

E.  A school district may refuse to hire or may review or terminate personnel who have been convicted of or admitted committing any of the criminal offenses prescribed in subsection D of this section or of a similar offense in another jurisdiction.  A school district that is considering terminating an employee pursuant to this subsection shall hold a hearing to determine whether a person already employed shall be terminated.  In conducting a review, the governing board shall utilize the guidelines, including the list of offenses that are not subject to review, as prescribed by the state board of education pursuant to section 15‑534, subsection C.  In considering whether to hire or terminate the employment of a person the governing board shall take into account the following factors:

1.  The nature of the crime and the potential for crimes against children.

2.  Offenses committed as a minor for which proceedings were held under the jurisdiction of a juvenile or an adult court.

3.  Offenses that have been expunged by a court of competent jurisdiction, if the person has been pardoned or if the person's sentence has been commuted.

4.  The employment record of the person since the commission of the crime if the crime was committed more than ten years before the governing board's consideration of whether to hire or terminate the person.

5.  The reliability of the evidence of an admission of a crime unless made under oath in a court of competent jurisdiction.

F.  Before employment with the school district, the district shall make documented, good faith efforts to contact previous employers of a person to obtain information and recommendations that may be relevant to a person's fitness for employment.  A governing board shall adopt procedures for conducting background investigations required by this subsection, including one or more standard forms for use by school district officials to document their efforts to obtain information from previous employers.  A school district may provide information received as a result of a background investigation required by this section to any other school district, to any other public school and to any public entity that agrees pursuant to a contract or intergovernmental agreement to perform background investigations for school districts or other public schools.

School districts and other public schools may enter into intergovernmental agreements pursuant to section 11‑952 and cooperative purchasing agreements pursuant to rules adopted in accordance with section 15‑213 for the purposes of performing or contracting for the performance of background investigations and for sharing the results of background investigations required by this subsection.  Information obtained about an employee or applicant for employment by any school district or other public school in the performance of a background investigation, INCLUDING ANY RECORDS INDICATING A CURRENT OR FORMER EMPLOYEE OF A SCHOOL OR SCHOOL DISTRICT WAS DISCIPLINED FOR VIOLATING POLICIES OF THE SCHOOL DISTRICT GOVERNING BOARD PURSUANT TO SECTION 15-153.01, may be retained by that school district or the other public school or by any public entity that agrees pursuant to contract to perform background investigations for school districts or other public schools and may be provided to any school district or other public school that is performing a background investigation required by this subsection.

G.  A school district may fingerprint or require any other employee of the district to obtain a fingerprint clearance card, whether paid or not, or any other applicant for employment with the school district not otherwise required by this section to be fingerprinted or obtain a fingerprint clearance card on the condition that the school district may not charge the costs of the fingerprint check or fingerprint clearance card to the fingerprinted applicant or nonpaid employee.

H.  A contractor, subcontractor or vendor or any employee of a contractor, subcontractor or vendor who is contracted to provide services on a regular basis at an individual school shall obtain a valid fingerprint clearance card pursuant to title 41, chapter 12, article 3.1.  A school district governing board shall adopt policies to exempt a person from the requirements of this subsection if the person's normal job duties are not likely to result in independent access to or unsupervised contact with pupils.  A school district, its governing board members, its school council members and its employees are exempt from civil liability for the consequences of adoption and implementation of policies and procedures pursuant to this subsection unless the school district, its governing board members, its school council members or its employees are guilty of gross negligence or intentional misconduct.

I.  Subsection A of this section does not apply to a person who provides instruction or other education services to a pupil, with the written consent of the parent or guardian of the pupil, under a work release program, advance placement course or other education program that occurs off school property.

J.  Public entities that agree pursuant to contract to perform background investigations, public schools, the department of education and previous employers who provide information pursuant to this section are immune from civil liability unless the information provided is false and is acted on by the school district to the harm of the employee and the public entity, the public school, the previous employer or the department of education knows the information is false or acts with reckless disregard of the information's truth or falsity.  A school district that relies on information obtained pursuant to this section in making employment decisions is immune from civil liability for use of the information unless the information obtained is false and the school district knows the information is false or acts with reckless disregard of the information's truth or falsity.

K.  The superintendent of a school district or chief administrator of a charter school or the person's designee who is responsible for implementing the governing board's policy regarding background investigations required by subsection F of this section and who fails to carry out that responsibility is guilty of unprofessional conduct and shall be subject to disciplinary action by the state board.

L.  A school district may hire noncertificated personnel before receiving the results of the fingerprint check or a fingerprint clearance card but may terminate employment if the information on the form provided in subsection D of this section is inconsistent with the information received from the fingerprint check or the fingerprint clearance card.  In addition to any other conditions or requirements deemed necessary by the superintendent of public instruction to protect the health and safety of pupils, noncertificated personnel who are required or allowed unsupervised contact with pupils may be hired by school districts before the results of a fingerprint check are received or a fingerprint clearance card is issued if all of the following conditions are met:

1.  The school district that is seeking to hire the applicant shall document in the applicant's file the necessity for hiring and placement of the applicant before a fingerprint check could be completed or a fingerprint clearance card could be issued.

2.  The school district that is seeking to hire the applicant shall do all of the following:

(a)  Ensure that the department of public safety completes a statewide criminal history information check on the applicant.  A statewide criminal history information check shall be completed by the department of public safety every one hundred twenty days until the date that the fingerprint check is completed or the fingerprint clearance card is issued or denied.

(b)  Obtain references from the applicant's current employer and two most recent previous employers except for applicants who have been employed for at least five years by the applicant's most recent employer.

(c)  Provide general supervision of the applicant until the date that the fingerprint check is completed or the fingerprint clearance card is issued or denied.

(d)  Report to the superintendent of public instruction on June 30 and December 31 each year the number of applicants hired before the completion of a fingerprint check or the issuance of a fingerprint clearance card.  In addition, the school district shall report the number of applicants for whom fingerprint checks were not received or fingerprint clearance cards were not issued after one hundred twenty days and after one hundred seventy‑five days of hire.

M.  Notwithstanding any other law, this section does not apply to pupils who attend school in a school district and who are also employed by a school district.

N.  A person who makes a false statement, representation or certification in any application for employment with the school district is guilty of a class 3 misdemeanor.

O.  For the purposes of this section, "background investigation" means any communication with an employee's or applicant's former employer that concerns the education, training, experience, qualifications and job performance of the employee or applicant and that is used for the purpose of evaluating the employee or applicant for employment.  Background investigation does not include the results of any state or federal criminal history records check.

END_STATUTE Sec. 12.  Section 36-519, Arizona Revised Statutes, is amended to read:

D.  Before discharging a patient, the medical director of the evaluation agency shall determine if the patient isposes a significant danger of causing death or serious physical injury to self or others.  If it is determined that the patient isposes a significant danger of causing death or serious physical injury to self or others, for reasons other than mental illness, the medical director of the evaluation agency shall petition the court for aan emergency severe threat order of protection pursuant to title 12, chapter 10, article 5. 5.  In In such cases, information regarding the diagnosis, the treatment and any actions observed during treatment may be substituted for an evaluation.

END_STATUTE Sec. 12.  TitleSec. 13.  Section 36,36-545.06, chapter 29, article 1, Arizona Revised Statutes, is amended by adding section 36-2907.14, to read:

START_STATUTE36-545.06.  County services A.  Each county, or any combination of counties, shall provide directly or by contract the services of a screening agency and an evaluation agency for the purposes of title 12, chapter 10, article 5 and this chapter.

B.  On a request made by a resident of the county pursuant to this chapter, a county shall be required to provide screening or evaluation.

C.  Each county shall coordinate the provision of mental health services required pursuant to this section with the administration or as delegated by the administration to a regional behavioral health authority.

Sec. 14.  Title 36, chapter 29, article 1, Arizona Revised Statutes, is amended by adding section 36-2907.14, to read:

2.  Behavioral health services to individual eligible students in public schools that provide instruction in any combination of kindergarten programs and grades one through twelve.  The services may only be provided after receiving consent from a parent or legal guardian of the student.

END_STATUTE Sec. 13.  SectionSec. 15.  Section 41-1711, Arizona Revised Statutes, is amended to read:

1.  ESTABLISH A safe schools hotline PROGRAM THAT allows ANY PERSON TO ANONYMOUSLY REPORT ANY DANGEROUS, VIOLENT OR UNLAWFUL ACTIVITY THAT IS BEING CONDUCTED OR IS THREATENED TO BE CONDUCTED on A SCHOOL CAMPUS, ON SCHOOL TRANSPORTATION or AT A SCHOOL-SPONSORED EVENT OR A SCHOOL-RELATED ACTIVITY.  THE DIRECTOR SHALL ESTABLISH POLICIES AND PROCEDURES TO PROTECT THE IDENTITY OF ANY PERSON SUBMITTING INFORMATION OR A REPORT THAT IS BASED ON A GOOD FAITH BELIEF THAT THE INFORMATION IS TRUE.  INFORMATIONTRUE and policies and procedures on disseminating the information to school districts, schools and law enforcement agencies.  INFORMATION THAT IS REPORTED PURSUANT TO THIS PARAGRAPH IS CONFIDENTIAL AND DOES NOT CONSTITUTE A PUBLIC RECORD. RECORD.  THE THE PROGRAM AND THE PERSONS IMPLEMENTING OR OPERATING THE PROGRAM MAY BE COMPELLED TO disclose information reported pursuant to this paragraph or PRODUCE related MATERIALS ONLY BEFORE A COURT and PURSUANT TO A COURT ORDER.  ANY SUCH REVIEW SHALL BE LIMITED TO AN INSPECTION OF MATERIALS THAT ARE MATERIAL TO THE SPECIFIC CASE PENDING BEFORE THE COURT. COURT.  THE THE ATTORNEY GENERAL ACTING ON BEHALF OF THE DEPARTMENT OF PUBLIC SAFETY has STANDING IN ANY ACTION TO OPPOSE THE DISCLOSURE OF information or MATERIALS that are IN THE CUSTODY OF THE CENTER FOR SCHOOL SAFETY AND THAT ARE CONFIDENTIAL PURSUANT TO THIS PARAGRAPH.

2.  COORDINATe WITH THE DEPARTMENT OF EDUCATION, SCHOOL DISTRICTS, CHARTER SCHOOLSSCHOOLS, county sheriffs AND LOCAL LAW ENFORCEMENT agencies TO ENSURE THE SAFETY OF SCHOOLS IN THis STATE and DEVELoP AND PROVIDe INFORMATION TO SCHOOL DISTRICTS AND CHARTER SCHOOLS ON BEST PRACTICES FOR SCHOOL SECURITY AND TRAINING ON SCHOOL SAFETY.

END_STATUTE Sec. 14.  SectionSec. 16.  Section 41-1715, Arizona Revised Statutes, is amended to read:

END_STATUTE Sec. 15.  SectionSec. 17.  Section 41-1750, Arizona Revised Statutes, is amended to read:

20.  With the department of education for the purpose of evaluating the fitness of a certificated teacher or administrator or an applicant for a teaching or an administrative certificate provided that the department of education or its employees or agents have reasonable suspicion that the certificated 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.conduct.  The information shall be provided on the submission of either:

The information shall be provided on the submission of either:

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. purposes.  An 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.

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. duties.  At 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.

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.  IfBeginning from and after October 31, 2018, if the originating law enforcement agencyagency, prosecutor or prosecutorcourt has a data exchange system that allows the electronic transfer and submission of criminal history record information to the Arizona computerized criminal history repository, the law enforcement agency, prosecutor or court shall electronically submit disposition information to the repository within twenty‑four hours after verifying the accuracy of the information.

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 V, paragraph 3.3.  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.

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.

END_STATUTE Sec. 16.  SectionSec. 18.  Section 41-1822, Arizona Revised Statutes, is amended to read:

3.  Prescribe reasonable minimum qualifications for officers to be appointed to enforce the laws of this state and the political subdivisions of this state and certify officers in compliance with these qualifications.  Notwithstanding any other law, the qualifications shall require United States citizenship, shall relate to physical, mental and moral fitness and shall govern the recruitment, appointment and retention of all agents, peace officers and police officers of every political subdivision of this state.state.  The board shall constantly review the qualifications established by pursuant to this section subsection and may amend the qualifications at any time, subject to the requirements of section 41‑1823.

The board shall constantly review the qualifications established by pursuant to this section subsection and may amend the qualifications at any time, subject to the requirements of section 41‑1823.

7.  PRESCRIBE TRAINING FOR ALL LAW ENFORCEMENT OFFICERS AND JUVENILE PROBATION OFFICERS WHO PARTICIPATE IN A SCHOOL RESOURCE OFFICER PROGRAM.PROGRAM.  At a minimum, tHE TRAINING SHALL INCLUDE INFORMATION ON SCHOOL SAFETY AND EMERGENCY response PLANS, THREAT RESPONSEs AND SCHOOL LAWs.  THE TRAINING SHALL INCLUDE all of the following:

At(a)  VIRTUAL a minimum, tHE TRAINING SHALL INCLUDE INFORMATION ON SCHOOL SAFETY AND EMERGENCY response PLANS, THREAT RESPONSEs AND SCHOOL LAWs.  THE TRAINING SHALL INCLUDE VIRTUAL OR SIMULATED ACTIVE SHOOTER TRAINING that is specific to school scenarios.

(b)  Fair and impartial police training that incorporates the principles of modern science as it relates to bias in policing, training officers on the effect of implicit bias and provides skills to reduce and manage biases.  7.  8.  Employ an executive director and other staff as are necessary to fulfill the powers and duties of the board in accordance with the requirements of the law enforcement merit system council.

END_STATUTE Sec. 17.  Appropriation;Sec. 19.  Appropriation;

Sec. 18.  Appropriation;Sec. 20.  Appropriation;

school resource officers The sum of $11,000,000$5,500,000 is appropriated from the state general fund in fiscal year 2018-2019 to the department of education to add more school resource officers to the school safety program established by section 15‑154, Arizona Revised Statutes, as amended by this act.act.  Preference shall be given to school districts and charter schools that have agreements to share the cost of the school resource officer.

Sec. 19.  Appropriation;Sec. 21.  Appropriation;

Sec. 20.  Appropriation;Sec. 22.  Appropriation;

Sec. 21.  Appropriation;Sec. 23.  Appropriation;

Sec. 22.  Appropriations;Sec. 24.  Appropriations;

exemption A.  Notwithstanding section 41‑1758.06, Arizona Revised Statutes, the sum of $600,000 is appropriated from the fingerprint clearance card fund, established by section 41‑1758.06, Arizona Revised Statutes, in each of fiscal years 2018-2019, 2019‑2020 and 2020‑2021 to the Arizona criminal justice commission for the purpose of coordinating with the department of public safety, law enforcement agencies, county attorneys and courts to develop and implement a data exchange system to allow the electronic transfer and submission of criminal history record information to the Arizona computerized criminal history repository within twenty‑four hours.  Priorityhours. shall be given to entities based on deficiencies in dispositions and volume of cases.

Priority shall be given to entities based on deficiencies in dispositions and volume of cases.

Sec. 23.  RetroactivitySec. 25.  Retroactivity This act applies retroactively to from and after JuneJuly 30,31, 2018.

(EMERGENCY NOT ENACTED) Sec. 26.  Emergency This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.