Arizona SB 1723: domestic violence; release conditions

Bill Text

Amendment explanation prepared by Zack Dean
3/6/2026

Bill Number: S.B. 1723
Mesnard Floor Amendment
Reference to: JUDICIARY AND ELECTIONS
Committee Amendment
Amendment drafted by: Leg. Council

FLOOR AMENDMENT EXPLANATION

1. Specifies that electronic monitoring may only be imposed on a person who is charged with a
domestic violence offense and subsequently released on bail if the domestic violence resulted in
physical harm to another person.
2. Stipulates that the requirement for a domestic violence offender to provide certain identifying
information to the plaintiff may only be imposed after a hearing where it is established that the
defendant has a prior history of harming the plaintiff.
3. Modifies the definition of significant domestic violence to include a parent's pattern of coercive or
controlling behavior that is intended to limit the autonomy of the other parent by way of:
a) controlling or monitoring daily activities, movements, communications, finances, travel,
associations or access to services;
b) isolating the other parent from family or support systems; or
c) using threats of self-harm or suicide to compel compliance.

Fifty-seventh Legislature Mesnard
Second Regular Session S.B. 1723

MESNARD FLOOR AMENDMENT
SENATE AMENDMENTS TO S.B. 1723
(Reference to JUDICIARY AND ELECTIONS Committee amendment)

The bill as proposed to be amended is reprinted as follows: 1
Section 1. Section 13-3602, Arizona Revised Statutes, is amended to 2
read: 3
13-3602. Order of protection; procedure; contents; arrest for 4
violation; penalty; protection order from another 5
jurisdiction; definition 6
A. A person may file a verified petition, as in civil actions, with 7
a magistrate, justice of the peace or superior court judge for an order of 8
protection for the purpose of restraining a person from committing an act 9
included in domestic violence. If the person is a minor, the parent, 10
legal guardian or person who has legal custody of the minor shall file the 11
petition unless the court determines otherwise. The petition shall name 12
the parent, guardian or custodian as the plaintiff and the minor is a 13
specifically designated person for the purposes of subsection G of this 14
section. If a person is either temporarily or permanently unable to 15
request an order, a third party may request an order of protection on 16
behalf of the plaintiff. After the request, the judicial officer shall 17
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Senate Amendments to S.B. 1723

-2-
determine if the third party is an appropriate requesting party for the 1
plaintiff. For the purposes of this section, notwithstanding the location 2
of the plaintiff or defendant, any court in this state may issue or 3
enforce an order of protection. 4
B. An order of protection shall not be granted: 5
1. Unless the party who requests the order files a written verified 6
petition for an order. 7
2. Against a person who is less than twelve years of age unless the 8
order is granted by the juvenile division of the superior court. 9
3. Against more than one defendant. 10
C. The petition shall state the: 11
1