LEGISLATIVE BILLS PASSED INTO LAW DURING THE 2010 FIRST REGULAR SESSION OF THE ARIZONA STATE LEGISLATURE:

The following bills have been signed into law by the Governor.  Please contact the Arizona Secretary of State's Office for a copy of the fully adopted legislation.  Or, go to the Arizona State Legislature website and download a copy of the adopted version of a bill you may be interested in.   Unless passed into law as an "emergency," a bill does not become effective until 90 days after  sine die, which is when the legislature closes.  This occurred on April 30, 2010.    If a bill or new statute is to be applied retroactively, it must specifically say so in the language of the bill as passed and sent to the Governor.  Most bills are NOT retroactive; instead, they apply only from the date the law goes into effect, and forward from that date (prospectively). Note:  THIS IS NOT AN EXHAUSTIVE LIST OF ALL BILLS PASSED.  WE WILL POST ADDITIONAL INFORMATION AS THE GOVERNOR CONTINUES TO SIGN / APPROVE BILLS.  THIS INFORMATION POSTED EFFECTIVE APRIL 30, 2010.

HOUSE BILLS PASSED

H2020:  A court's authority to appoint a guardian ad litem for a juvenile ordered to participate in a competency restoration program is changed to optional ("may") from mandatory ("shall").

H2208:  Private prisons must comply with the American Corrections Assn. capacity requirements, and must notify the ADOC of any major incident involving public health or safety that occurs at the private prison.  Establishes requirements for private prisons that house another state's prisoners or federal prisoners, including the type of prisoners that may be housed and information must be provided to the Dept. of Corrections.  Private prisons are liable for their operation and the persons under their authority.

H2493:  In the case of a person determined to be a sexually violent person who is about to be released from custody here, but who has a pending sentence of imprisonment in another jurisdiction, the ADOC, in lieu of the otherwise required written request that the attorney general or county attorney of the originating county petition for contined custody, may obtain a written agreement from the AG or originating county to have the person released to the other jurisdiction.

H2543:  Expands the prohibition on political subdivisions regulating firearms to include firearm storage, licensing or registration.  Expands the articles protected under this statute to include all firearm related accessories (not defined).  Prohibits political subdivisions from enacting firearm regulations with greater penalties than state law.  Deletes language that previously allowed political subdivisions to limit firearm possession in parks of one square mile or less to concealed weapons permit holders.

SENATE BILLS PASSED

SB 1093:  Allows additional prisoners to be qualified to participate in the Transition Program (formerly called the "Drug Offender Transition Program").  Formerly, prisoners had to have a drug offense in their background.  Now, the following criteria will apply:  To be eligible, the prisoner must not have been convicted of a violent offense; a sex offense or an arson offense.  Also, DUI offenders are excluded.  All other offenders will be eligible, even if they don't have a drug offense in their criminal history.  To be eligible, an offender must be classified as "low risk;" not have any felony detainers; have a good disciplinary record; be considered non-violent; and other criteria.  The bill goes into effect on or about July 31, 2010.  Offenders who are eligible will be allowed UP TO a 90-day early release in advance of their 85% (community supervision begin date).  No one is guaranteed a release; even if all eligibility criteria are met, the release is still discretionary with the ADOC.  Offenders participating in the transition program must agree in writing to provide certain information to the DOC after release so that the Department can prepare an annual report about the effects the program might have on recidivism. 

S1108:  Allows ANYONE over the age of 21 to carry a concealed deadly weapon without a permit.  Concealed weapons permit holders must carry the permit only when specifically required by law.  Law enforcement cannot confiscate a weapon that is otherwise lawfully possessed (convicted felons cannot legally possess unless a court has specifically reinstated that right) by a permitee whose permit is suspended, but are authorized to take temporary custody of a firearm during contact with a person in possession of a firearm.  Requirements to obtain a concealed weapons permit are modified.  It is misconduct involving weaspons to carry a concealed deadly weapon in the furtherance of a serious offense, violent crime, or other felony offense; to fail to accurately answer a law enforcement officer asking whether the person is carrying a concealed weapon, or for a person under age 21 years of age to carry a concealed weapon.  Exempts minors carrying on property owned by the minor's parent, grandparent, or legal guardian; minors who are members of a sheriff's volunteer posse or reserve organization that has passed firearms training; and minors carrying firearms in visible holsters or scabbards, in luggage, or in a case, holster, scabbard or pack carried in a means of transportation.  Allows forfeited weapons to be sold to any business authorized to seel firearms under state, federal or local law.

S1122:  The statutory definition of "contraband" as it applies in statutes related to prisons in expanded to include sireless communication devices and multimedia storage devices.  Language is added to exempt items of contraband otherwise prohibited if the item has been authorized by correctional facility policies and used with the permission of prison officials.

S1123:  The Community Corrections Enhancement Fund (CCEF) is established comprised of monies from various sources, including the fee paid by prisoners who have been released on parole or community supervision, which is increased to $65 per month from $30 per month.  Distribution of proceeds is altered so that 70% is deposited in the Victim Compensation and Assistance Fund (VCAF) and 30% is deposited in the CCEF.  Formerly, the VCAF received all of the proceeds from this fee.  A monthly home arrest supervision fee of $65 is assessed with proceeds accuring to the CCEF and is authorized to expend fund monies to defer the costs associated with community corrections.