SB 1533 — personal information: confidentiality; judge's families

REFERENCESenate TITLE:Engrossed personal information:

personal information:

judge's families State of Arizona Senate Fifty-seventh Legislature First Regular Session SBSENATE 1533BILL Introduced1533 by Senator Kavanagh AN ACT AMENDING SECTIONS 11-483, 11-484, 13-2401, 16-153, 28-454, 39-123 AND 39-124, ARIZONA REVISED STATUTES;

(TEXT OF BILL BEGINS ON NEXT PAGE) - i - SBS.B. 1533 Be it enacted by the Legislature of the State of Arizona:

1533 Be it enacted by the Legislature of the State of Arizona:

- 1 - SBS.B. 1533 C.

1533 C.

If the presiding judge of the superior court concludes that the affiant or another person is in actual danger of physical harm from a person or persons with whom the affiant has had official dealings and that action pursuant to this section will reduce a danger to the life or safety of the affiant or another person, the presiding judge of the superior court shall order that the general public be prohibited for five years - 2 - SBS.B. 1533 from accessing the unique identifier and the recording date contained in indexes of recorded instruments maintained by the county recorder and identified pursuant to subsection B of this section.

1533 from accessing the unique identifier and the recording date contained in indexes of recorded instruments maintained by the county recorder and identified pursuant to subsection B of this section.

The county - 3 - SBS.B. 1533 recorder shall ensure that public access is restricted pursuant to subsection A of this section.

1533 recorder shall ensure that public access is restricted pursuant to subsection A of this section.

- 4 - SBS.B. 1533 7.

1533 7.

- 5 - SBS.B. 1533 1.

1533 1.

In the absence of an affidavit that contains a request for - 6 - SBS.B. 1533 immediate action and that 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.

1533 immediate action and that 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.

The county assessor or the county treasurer shall send by mail one notice to either the health professional, election officer, public official, former public - 7 - SBS.B. 1533 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, law enforcement support staff member or employee of adult protective services who was granted an order pursuant to this section of the order's expiration date at least six months before the expiration date.

1533 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, law enforcement support staff member or employee of adult protective services who was granted an order pursuant to this section of the order's expiration date at least six months before the expiration date.

- 8 - SBS.B. 1533 6.

1533 6.

It is unlawful for a person to knowingly make available on the internet the personal information of a health professional, election officer, public official, peace officer, justice, judge, commissioner, hearing officer, public defender, member of the commission on appellate - 9 - SBS.B. 1533 court appointments, 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 prosecutor if the dissemination of the personal information poses an imminent and serious threat to the health professional's, election officer's, public official's, peace officer's, justice's, judge's, commissioner's, hearing officer's, public defender's, member's, department of child safety employee's, adult protective services employee's or prosecutor's safety, or the safety of that person's immediate family OR THE SAFETY OF A FAMILY MEMBER OF A JUSTICE, JUDGE, COMMISSIONER OR HEARING OFFICER WHO HAS THE SAME FULL NAME AS THE JUSTICE, JUDGE, COMMISSIONER OR HEARING OFFICER and the threat is reasonably apparent to the person making the information available on the internet to be serious and imminent.

1533 court appointments, 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 prosecutor if the dissemination of the personal information poses an imminent and serious threat to the health professional's, election officer's, public official's, peace officer's, justice's, judge's, commissioner's, hearing officer's, public defender's, member's, department of child safety employee's, adult protective services employee's or prosecutor's safety, or the safety of that person's immediate family OR THE SAFETY OF A FAMILY MEMBER OF A JUSTICE, JUDGE, COMMISSIONER OR HEARING OFFICER WHO HAS THE SAME FULL NAME AS THE JUSTICE, JUDGE, COMMISSIONER OR HEARING OFFICER and the threat is reasonably apparent to the person making the information available on the internet to be serious and imminent.

"Personal information" means a health professional's, election officer's, public official's, peace officer's, justice's, judge's, commissioner's, hearing officer's, public defender's, commission on appellate court appointments member's or prosecutor's home address, home - 10 - SBS.B. 1533 telephone number, pager number or personal photograph, directions to the person's home or photographs of the person's home or vehicle.

1533 telephone number, pager number or personal photograph, directions to the person's home or photographs of the person's home or vehicle.

To prevent multiple filings, an eligible person who is a peace officer, prosecutor, public defender, code enforcement officer, corrections or detention - 11 - SBS.B. 1533 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.

1533 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.

The county recorder may coordinate with the county - 12 - SBS.B. 1533 assessor and county treasurer to prevent multiple notices from being sent to the same person.

1533 assessor and county treasurer to prevent multiple notices from being sent to the same person.

- 13 - SBS.B. 1533 5.

1533 5.

- 14 - SBS.B. 1533 14.

1533 14.

In the absence of an affidavit - 15 - SBS.B. 1533 that contains a request for immediate action and that is supported by facts justifying an earlier presentation, the commanding officer, or the head of the prosecuting, code enforcement, law enforcement, corrections or detention agency, as applicable, or that person's designee, shall not file affidavits more often than quarterly.

1533 that contains a request for immediate action and that is supported by facts justifying an earlier presentation, the commanding officer, or the head of the prosecuting, code enforcement, law enforcement, corrections or detention agency, as applicable, or that person's designee, shall not file affidavits more often than quarterly.

- 16 - SBS.B. 1533 K.

1533 K.

"Law enforcement support staff member" means a person who serves in the role of an investigator or prosecutorial assistant in an - 17 - SBS.B. 1533 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.

1533 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.

- 18 - SBS.B. 1533 D.