Bill > HB2851

This bill establishes a new legal framework for education protection orders designed to prevent potential school violence by temporarily restricting a person's access to firearms when there is a credible threat to an educational institution. The bill creates two types of orders: an ex parte emergency education protection order (which can be issued quickly without the defendant present) and a formal education protection order (issued after a full hearing). These orders can be sought by various parties, including peace officers, family members, educational institution employees, and others who have reason to believe a person poses an immediate threat. The orders can prohibit the defendant from possessing firearms, require the transfer of existing firearms to law enforcement, and restrict the defendant from approaching educational institutions. The bill specifies detailed procedures for obtaining and serving these orders, including requirements for investigation by law enforcement, hearing timelines, and the standard of proof needed (ranging from reasonable cause to clear and convincing evidence). The orders are designed to be temporary, typically lasting up to one year, and include provisions for potential renewal. The bill also amends several existing statutes to incorporate these new protections and clarifies jurisdictional issues, particularly for cases involving minors. Importantly, the bill provides a mechanism for potentially preventing school violence by allowing preemptive intervention when there are credible concerns about a person's potential threat to an educational institution.

Justice

https://apps.azleg.gov/BillStatus/BillOverview/83321