HB2282 - Education protection orders; definitions

REFERENCE TITLE: education protection orders; definitions State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session 2026 HB 2282 Introduced by Representative Travers AN ACT amending sections 8-202 and 8-208, Arizona Revised Statutes; amending title 12, chapter 10, article 1, Arizona Revised Statutes, by adding sections 12-1811 and 12-1812; amending sections 12-2101 and 13-3101, Arizona Revised Statutes; relating to protection orders. (TEXT OF BILL BEGINS ON NEXT PAGE) Be it enacted by the Legislature of the State of Arizona: Section 1. Section 8-202, Arizona Revised Statutes, is amended to read: START_STATUTE 8-202. Jurisdiction of juvenile court A. The juvenile court has original jurisdiction over all delinquency proceedings brought under the authority of this title. B. The juvenile court has exclusive original jurisdiction over all proceedings : 1. Brought under the authority of this title except for delinquency proceedings. 2. For an ex parte emergency education protection order pursuant to section 12-1811 or an education protection order pursuant to section 12-1812 if the defendant is under eighteen years of age. C. The juvenile court may consolidate any matter, except that the juvenile court shall not consolidate any of the following: 1. A criminal proceeding that is filed in another division of superior court and that involves a child who is subject to the jurisdiction of the juvenile court. 2. A delinquency proceeding with any other proceeding that does not involve delinquency, unless the juvenile delinquency adjudication proceeding is not heard at the same time or in the same hearing as a nondelinquency proceeding. D. The juvenile court has jurisdiction of proceedings to: 1. Obtain judicial consent to the marriage, employment or enlistment in the armed services of a child, if consent is required by law. 2. In an action in which parental rights are terminated pursuant to chapter 4, article 5 or 11 of this title, change the name of a minor child who is the subject of the action. If the minor child who is the subject of the action is twelve years of age or older, the court shall consider the wishes of the child with respect to the name change. E. The juvenile court has jurisdiction over civil traffic violations, civil marijuana violations and offenses listed in section 8-323, subsection B that are committed within the county by persons who are under eighteen years of age unless the presiding judge of the county declines jurisdiction of these cases. The presiding judge of the county may decline jurisdiction of civil traffic violations and civil marijuana violations committed within the county by juveniles if the presiding judge finds that the declination would promote the more efficient use of limited judicial and law enforcement resources located within the county. If the presiding judge declines jurisdiction, juvenile civil traffic violations and civil marijuana violations shall be processed, heard and disposed of in the same manner and with the same penalties as adult civil traffic violations. F. The orders of the juvenile court under the authority of this chapter or chapter 3 or 4 of this title take precedence over any order of any other court of this state except for the following: 1. An order entered in the criminal court concerning an ongoing case that governs a criminal defendant's ability to contact the victim, the family of the victim or other minor children if the criminal court makes a finding that contact with other minor children would pose a risk of harm to those children. 2. An order Orders by the court of appeals and the supreme court to the extent they are inconsistent with orders of other courts. G. Except as provided in subsection H of this section, jurisdiction of a child that is obtained by the juvenile court in a proceeding under this chapter or chapter 3 or 4 of this title shall be retained by it, for the purposes of implementing the orders made and filed in that proceeding, until the child becomes eighteen years of age, unless terminated by order of the court before the child's eighteenth birthday. H. At any time before an adjudication hearing or a proceeding in which a juvenile is admitting to an allegation in a petition that alleges the juvenile is delinquent, the state may file a notice of intent to retain jurisdiction over a juvenile who is seventeen years of age. If the state files a notice of intent to retain jurisdiction, the juvenile court's jurisdiction over a juvenile is retained on the filing of the notice and the court shall retain jurisdiction over the juvenile until the juvenile reaches nineteen years of age, unless before the juvenile's nineteenth birthday either: 1. Jurisdiction is terminated by order of the court. 2. The juvenile is discharged from the jurisdiction of the department of juvenile corrections pursuant to section 41-2820. I. Persons who are under eighteen years of age shall be prosecuted in the same manner as adults if either: 1. The juvenile court transfers jurisdiction pursuant to section 8-327. 2. The juvenile is charged as an adult with an offense listed in section 13-501. J. The juvenile court shall retain jurisdiction after a juvenile's eighteenth birthday for the purpose of: 1. Designating an undesignated felony offense as a misdemeanor or felony, including after an adjudication is set aside pursuant to section 8-348. 2. Modifying an outstanding monetary obligation imposed by the court except for victim restitution. 3. Implementing section 36-2862. K. The juvenile court has jurisdiction to make the initial determination prescribed in section 8-829 whether the voluntary participation of a qualified young adult in an extended foster care program pursuant to section 8-521.02 is in the young adult's best interests. END_STATUTE Sec. 2. Section 8-208, Arizona Revised Statutes, is amended to read: START_STATUTE 8-208. Juvenile court records; public inspection; exceptions A. The following records relating to a juvenile who is referred to juvenile court are open to public inspection: 1. Referrals involving delinquent acts, after the referrals have been made to the juvenile court or the county attorney has diverted the matter according to section 8-321. 2. Arrest records, after the juvenile is an accused as defined by section 13-501. 3. Delinquency hearings. 4. Disposition hearings. 5. A summary of delinquency, disposition and transfer hearings. 6. Revocation of probation hearings. 7. Appellate review. 8. Diversion proceedings involving delinquent acts. B. On the request of an adult probation officer or state or local prosecutor, the juvenile court shall release to an adult probation department or prosecutor all information in its possession concerning a person who is charged with a criminal offense. C. The juvenile court shall release all information in its possession concerning a person who is arrested for a criminal offense to superior court programs or departments, other court divisions or judges or as authorized by the superior court for the purpose of assisting in the determination of release from custody, bond and pretrial supervision. D. On request by the appropriate jail authorities for the purpose of determining classification, treatment and security, the juvenile court shall release all information in its possession concerning persons who are under eighteen years of age, who have been transferred from juvenile court for criminal prosecution and who are being held in a county jail pending trial. E. The court shall edit the records to protect the identity of the victim or the immediate family of the victim if the victim has died as a result of the alleged offense. F. Except as otherwise provided by law, the records of an adoption, severance or dependency proceeding shall not be open to public inspection. G. The court may order that the records be kept confidential and withheld from public inspection if the court determines that the subject matter of any record involves a clear public interest in confidentiality. H. The disclosure of educational records received pursuant to section 15-141 shall comply with the family educational rights and privacy rights act of 1974 (20 United States Code section 1232g). i. A petition for an education protection order and the order issued may be disclosed only if the court issues the education protection order pursuant to section 12-1812. END_STATUTE Sec. 3. Title 12, chapter 10, article 1, Arizona Revised Statutes, is amended by adding sections 12-1811 and 12-1812, to read: START_STATUTE 12-1811. Ex parte emergency education protection order; definitions A. In a county with a population of one hundred fifty thousand persons or more, the presiding judge of the superior court, during the hours that the courts are closed, shall make available on a rotating basis a judge, justice of the peace, magistrate or commissioner who shall issue ex parte emergency education protection orders by telephone. In a county with a population of less than one hundred fifty thousand persons, any judge, justice of the peace, magistrate or commissioner may issue ex parte emergency education protection orders by telephone during the hours that the courts are closed. B. The judge, justice of the peace, magistrate or commissioner who is authorized to issue ex parte emergency education protection orders shall issue an ex parte emergency education protection order if the petition, supported by an affidavit or sworn oral statement of the petitioner or other witness, provides specific facts establishing by either reasonable cause or a preponderance of the evidence that the defendant's possession or receipt of a firearm will pose an immediate and present danger of serious physical injury or death to any person at an educational institution. C. An ex parte emergency education protection order shall restrain the defendant from coming near an educational institution. D. An ex parte emergency education protection order that is issued on a showing of reasonable cause may do both of the following: 1. Prohibit the defendant from possessing, controlling, using, purchasing, manufacturing or receiving a firearm for the duration of the order. 2. Order the transfer of any firearm in the defendant's possession or control, including any license or permit that allows the defendant to possess or acquire a firearm, to the appropriate law enforcement agency for the duration of the order. e. An ex parte emergency education protection order that is issued on a showing of a preponderance of the evidence shall both: 1. Prohibit the defendant from possessing, controlling, using, purchasing, manufacturing or receiving a firearm for the duration of the order. 2. Order the transfer of any firearm in the defendant's possession or control, including any license or permit that allows the defendant to possess or acquire a firearm, to the appropriate law enforcement agency for the duration of the order. F. If the court finds that probable cause exists to believe that the defendant has access to a firearm, the court may issue a warrant authorizing a peace officer to search the defendant or the defendant's home for firearms and to seize any firearm that the defendant could access. G. If the court grants an ex parte emergency education protection order, the court shall do both of the following: 1. Hold a hearing pursuant to section 12-1812 and provide notice of the time and place of the hearing. 2. Order a law enforcement agency to investigate the facts alleged in support of the petition for an ex parte emergency education protection order. H. An ex parte emergency education protection order is effective on the date of service and expires fourteen days after service of the order. An ex parte emergency education protection order expires if it is not served on the defendant within thirty days after it is issued. I. The court may subsequently issue additional search warrants based on probable cause that the defendant has retained, acquired or gained access to a firearm while an order under this section remains in effect. J. If the owner of a firearm seized pursuant to this section is a person other than the defendant, the owner may secure the return of the firearm as provided in section 12-1812. K. A peace officer in this state shall serve an ex parte emergency education protection order on the defendant and carry out any search authorized under this section without delay following issuance of the order. If a search is authorized pursuant to this section, the peace officer may serve the ex parte emergency education protection order on the defendant after the execution of the search. L. After an ex parte emergency education protection order expires or is quashed, the court shall provide the defendant with documentation that states that the order is no longer in effect. M. A law enforcement agency that has custody of a firearm shall release the firearm within forty-eight hours, excluding weekends and holidays, after receipt of a court document stating that the ex parte emergency education protection order is no longer in effect. N. for the purposes of this section: 1. "defendant" means the person against whom an ex parte emergency education protection order under this section or an education protection order under section 12-1812 has been sought or granted. 2. "educational institution" means any of the following: ( a ) a public school as defined in section 15-101. ( b ) a community college as defined in section 15-1401. ( c ) a university under the jurisdiction of the Arizona board of regents. ( d ) any other political subdivision of this state that is responsible for providing education to students in kindergarten programs and grades one through twelve. ( e ) A private school as defined in section 15-101. ( f ) an accredited private postsecondary institution that is licensed by this state. ( g ) any other accredited institution that is eligible under Title IV of the higher education act of 1965, that offers postsecondary education or courses, whether located within or outside of the boundaries of this state, and that awards any degree in this state. 3. "firearm" has the same meaning prescribed in section 13-3101 and includes ammunition. 4. "petitioner" means any of the following: ( a ) a peace officer. ( b ) a person who is related to the defendant by blood or court order as a parent, grandparent, child, grandchild, brother or sister or by marriage as a parent-in-law, grandparent-in-law, stepparent, stepgrandparent, stepchild, stepgrandchild, brother-in-law or sister-in-law. ( c ) a person who currently resides, or who during the last six months resided, in the same household as the defendant. ( d ) a person who is currently, or who during the last six months was, involved in a romantic or sexual RELATIONSHIP with the defendant. ( e ) a health care provider as defined in section 36-3201 who has provided services [Text truncated for display. Full text available on LegiScan.]