Kaity's Law, named for Kaitlyn Marie Sudberry, enacted on Sept 30, 2009 in Arizona provides those in dating relationships (romantic or sexual) the same protection under the law as those who are married, live with someone, blood related, have a child in common, or are pregnant under the AZ Domestic Violence statutes 13-3601. An Order of Protection can be filed and under Arizona’s Three Strikes Law, a third domestic violence offense is a felony.
We know Kaity's Law is too late to protect Kaity and will not bring her back. Even so, we choose to think of Kaity's Law as Kaity protecting so many others in spirit.
In Arizona as of September 30, 2009 there is Kaity’s Law.
Very simply put this law gives those in dating relationships protection under the Domestic Violence statute 13-3601. The high points are as follows:
6. The relationship between the victim and the defendant is currently or was previously a romantic or sexual relationship. The following factors may be considered in determining whether the relationship between the victim and the defendant is currently or was previously a romantic or sexual relationship:
- The type of relationship.
- The length of the relationship.
- The frequency of the interaction between the victim and the defendant.
- If the relationship has terminated, the length of time since the termination.
B. Law Enforcement may with or without warrant arrest the individual that has committed the offense.
13-3601. Domestic violence; definition; classification; sentencing option; arrest and procedure for violation; weapon seizure; notice
"Domestic violence" means any act which is a dangerous crime against children as defined in section 13-705 or an offense defined in section 13-1201 through 13-1204, 13-1302 through 13-1304, 13-1502 through 13-1504 or 13-1602, section 13-2810, section 13-2904, subsection A, paragraph 1, 2, 3 or 6, section 13-2916 or section 13-2921, 13-2921.01, 13-2923, 13-3019, 13-3601.02 or 13-3623
C. Law Enforcement may question the persons present to determine if a firearm is on the premises and may temporarily seize the firearm if Law Enforcement reasonably believes that the firearm would expose the victim or another person in the household to a risk of serious bodily injury or death.
J. When Law Enforcement responds to a call alleging that domestic violence has been or may be committed, the officer shall inform in writing any alleged or potential victim of the procedures and resources available for the protection of the victim including:
- An order of protection pursuant to section 13-3602, an injunction pursuant to section 25-315 and an injunction against harassment pursuant to section 12-1809.
- The emergency telephone number for the local police agency.
- Telephone numbers for emergency services in the local community.
M. If the defendant is found guilty of a first offense included in domestic violence, the court shall provide the following written notice to the defendant:
You have been convicted of an offense included in domestic violence. You are now on notice that:
- If you are convicted of a second offense included in domestic violence, you may be placed on supervised probation and may be incarcerated as a condition of probation.
- A third or subsequent charge may be filed as a felony and a conviction for that offense shall result in a term of incarceration.