11-484

11-484. Records maintained by county assessor
and county treasurer; redaction; definitions

A. Notwithstanding any other provision of this article, in any county an eligible
person may request that the general public be prohibited from accessing that person's
residential address and telephone number that are contained in instruments, writings and
information maintained by the county assessor and the county treasurer.

B. An eligible person may request this action by filing an affidavit that states
all of the following on an application form developed by the administrative office of the
courts in agreement with an association of counties, an organization of peace officers
and the motor vehicle division of the department of transportation:

1. The person's full legal name and residential address.

2. The full legal description and parcel number of the person's property.

3. The position the person currently holds and a description of the person's
duties, except that an eligible person who is protected under an order of protection or
injunction against harassment shall attach a copy of the order of protection or
injunction against harassment.

4. The reasons the person reasonably believes that the person's life or safety or
that of another person is in danger and that redacting the residential address and
telephone number will serve to reduce the danger.

C. If an eligible person is also requesting pursuant to section 11-483 that the
general public be prohibited from accessing records maintained by the county recorder,
the eligible person may combine the request pursuant to subsection B of this section with
the request pursuant to section 11-483 by filing one affidavit. The affidavit and
subsequent action by the appropriate authorities shall meet all of the requirements of
this section and section 11-483.

D. The affidavit shall be filed with the presiding judge of the superior court in
the county in which the affiant resides. To prevent a multiplicity of filings, an
eligible person who is a peace officer, public defender, prosecutor, code enforcement
officer, corrections or detention 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. In the absence of an affidavit 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, 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.

E. On receipt of an affidavit or affidavits, the presiding judge of the superior
court shall file with the clerk of the superior court a petition on behalf of all
requesting affiants. Each affidavit presented shall be attached to the petition. In the
absence of an affidavit that contains a request for immediate action and that is
supported by facts justifying an earlier consideration, the presiding judge may
accumulate affidavits and file a petition at the end of each quarter.

F. The presiding judge of the superior court shall review the petition and each
attached affidavit to determine whether the action requested by each affiant should be
granted. If the presiding judge of the superior court concludes that the action requested
by the affiant will reduce a danger to the life or safety of the affiant or another
person, the presiding judge of the superior court shall order the redaction of the
affiant's residential address and telephone number that are contained in instruments,
writings and information maintained by the county assessor and the county treasurer. The
redaction shall be in effect for five years.

G. On motion to the court, if the presiding judge of the superior court concludes
that an instrument or writing maintained by the county assessor or the county treasurer
has been redacted or sealed in error, that the original affiant no longer lives at the
address listed in the original affidavit, that the cause for the original affidavit no
longer exists or that temporary access to the instrument or writing is needed, the
presiding judge may temporarily stay or permanently vacate all or part of the court order
prohibiting public access to the instrument or writing.

H. On entry of the court order, the clerk of the superior court shall file the
court order and a copy of the affidavit required by subsection B of this section with the
county assessor and the county treasurer. No more than ten days after the date on which
the county assessor and the county treasurer receive the court order, the county assessor
and the county treasurer shall restrict access to the information as required by
subsection F of this section.

I. If the court denies an affiant's request pursuant to this section, the affiant
may request a court hearing. The hearing shall be conducted by the court in the county
where the petition was filed.

J. The county assessor and the county treasurer shall remove the restrictions on
all records that are redacted pursuant to this section by January 5 in the year after the
court order expires. The county assessor or the county treasurer shall send by mail one
notification to either the peace officer, public defender, prosecutor, code enforcement
officer, corrections or detention officer, corrections support staff member or law
enforcement support staff member or the employing agency of a peace officer, public
defender, prosecutor, code enforcement officer, corrections or detention officer,
corrections support staff member or law enforcement support staff member who was granted
an order pursuant to this section of the order's expiration date at least six months
before the expiration date. If the notice is sent to the employing agency, the employing
agency shall immediately notify the person who was granted the order of the upcoming
expiration date. The county assessor or county treasurer may coordinate with the county
recorder to prevent multiple notices from being sent to the same person.

K. For the purposes of this section:

1. "Code enforcement officer" means a person who is employed by a state or local
government and whose duties include performing field inspections of buildings, structures
or property to ensure compliance with and enforce national, state and local laws,
ordinances and codes.

2. "Commissioner" means a commissioner of the superior court.

3. "Corrections support staff member" means an adult or juvenile corrections
employee who has direct contact with inmates.

4. "Eligible person" means a peace officer, justice, judge, commissioner, public
defender, prosecutor, code enforcement officer, adult or juvenile corrections officer,
corrections support staff member, probation officer, member of the board of executive
clemency, law enforcement support staff member, national guard member who is acting in
support of a law enforcement agency, person who is protected under an order of protection
or injunction against harassment or firefighter who is assigned to the Arizona
counterterrorism center in the department of public safety.

5. "Judge" means a judge of the United States district court, the United States
court of appeals, the United States magistrate court, the United States bankruptcy court,
the Arizona court of appeals, the superior court or a municipal court.

6. "Justice" means a justice of the United States or Arizona supreme court or a
justice of the peace.

7. "Law enforcement support staff member" means a person who serves in the role of
an investigator or prosecutorial assistant in an 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.

8. "Peace officer" means any person vested by law, or formerly vested by law, with
a duty to maintain public order and make arrests.

9. "Prosecutor" means a county attorney, a municipal prosecutor, the attorney
general or a United States attorney and includes an assistant or deputy United States
attorney, county attorney, municipal prosecutor or attorney general.

10. "Public defender" means a federal public defender, county public defender,
county legal defender or county contract indigent defense counsel and includes an
assistant or deputy federal public defender, county public defender or county legal
defender.