This bill proposes significant updates to current statutes regarding education protection orders in Arizona. It introduces
new provisions for ex parte emergency education protection orders, allowing judges to issue these orders by telephone during non-court hours, particularly for defendants under eighteen years of age. The bill establishes criteria for issuing these orders, including a requirement for reasonable cause or a preponderance of evidence that the defendant's access to firearms poses an immediate danger to individuals at educational institutions. It also outlines law enforcement's responsibilities in serving these orders and conducting investigations, as well as the procedures for the return of seized firearms.
Additionally, the bill
amends existing statutes to clarify the petition filing process for education protection orders, specifying necessary information and timelines for hearings. It mandates that education protection orders can restrain defendants from possessing firearms and requires the transfer of any firearms in their possession to law enforcement. The bill establishes a central repository for these orders and ensures no fees are charged for filing petitions or appeals. Furthermore, it adds definitions for individuals relevant to legal proceedings involving defendants, including those who have resided in the same household, those in a romantic relationship, health care providers, and employees or attendees of educational institutions. It also clarifies the definition of "serious physical injury" as per section 13-105. Overall, the bill aims to enhance the safety of educational environments by providing a structured legal framework for addressing threats posed by individuals with access to firearms.Statutes affected:
Introduced Version: 8-202, 8-208, 12-1811, 12-1812, 12-2101, 13-3101, 8-323, 41-2820, 8-327, 13-501, 8-348, 36-2862, 8-829, 8-521.02, 8-321, 15-141, 15-101, 15-1401, 36-3201, 13-105, 41-1661, 22-425, 13-2810, 13-3883, 13-3903, 13-925, 12-751