HB 2791 Summary

• Creates two types of education protection orders in Arizona: ex parte emergency orders (Section 12-1811) and standard education protection orders (Section 12-1812) to prevent individuals from possessing firearms near educational institutions.

• Allows judges, justices of the peace, magistrates, or commissioners to issue ex parte emergency education protection orders by telephone during court closure hours if evidence shows a defendant's firearm possession poses immediate danger of serious physical injury or death at educational institutions.

• Permits petitioners including peace officers, family members, household residents, romantic partners, health care providers, and school employees or students to seek education protection orders.

• Ex parte emergency orders expire after 14 days, while standard education protection orders expire after one year; orders can prohibit firearm possession or require transfer of firearms to law enforcement based on the evidentiary standard used (reasonable cause, preponderance of evidence, or clear and convincing evidence).

• Transfers education protection order cases involving defendants under 18 years old to juvenile court; defines "educational institution" to include public and private K-12 schools, community colleges, universities, and eligible postsecondary institutions.