SB 1112

Senate Engrossed
mental health;
  hearings; acquaintance witnesses
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SENATE BILL 1112
AN
ACT
Amending section 36-539, Arizona
Revised Statutes; relating to mental health services.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 36-539, Arizona Revised
Statutes, is amended to read:
START_STATUTE36-539. Conduct of hearing; record; transcript
A. The medical director of the evaluation agency
shall issue instructions to the physicians or the psychiatric and mental health
nurse practitioner of the evaluation agency who is treating the proposed
patient to take all reasonable precautions to ensure that at the time of the
hearing the proposed patient is not so under the influence of or does not so
suffer the effects of drugs, medication or other treatment as to be hampered in
preparing for or participating in the hearing. If the proposed
patient is being treated as an inpatient by the evaluation agency, the court at
the time of the hearing shall be presented a record of all drugs, medication or
other treatment that the person has received during the seventy-two hours
immediately before the hearing.
B. The patient and the patient's attorney shall be
present at all hearings, and the patient's attorney may subpoena and cross-examine
witnesses and present evidence. The patient may choose to not attend
the hearing or the patient's attorney may waive the patient's
presence. The evidence presented by the petitioner or the patient
shall include the testimony of two or more witnesses at least one witness, regardless of the witnesses'
professional licensure, if any, who observed or were was acquainted with the patient at the time of the alleged
mental disorder before the submission of the current application for evaluation
pursuant to section 36-520 or, if after the submission of the current
application, who were was not a formal participants
participant in the evaluation process. The witness
testimony of the witnesses shall be limited to
observed facts and may not include expert opinion or
conclusions. The witness testimony may be satisfied by a statement
agreed on by the parties and testimony of the two physicians or other health
professionals who participated in the evaluation of the patient pursuant to
section 36-533, which may be satisfied by stipulating to the admission of
the affidavits as required pursuant to section 36-533, subsection
B. The evaluating physicians or other health professionals shall
testify as to their personal observations of the patient. They shall
also testify as to their opinions concerning whether the patient is, as a
result of mental disorder, a danger to self or to others or has a persistent or
acute disability or a grave disability and as to whether the patient requires
treatment. Such testimony shall state specifically the nature and
extent of the danger to self or to others, the persistent or acute disability
or the grave disability. If the patient has a grave disability, the
evaluating physicians or other health professionals shall testify concerning
the need for guardianship or conservatorship, or both, and whether or not the
need is for immediate appointment.� The court may waive the
requirement for the testimony of a witness acquainted with the patient if the
court finds that the standard for issuance of a court order for treatment has
been established by clear and convincing evidence from other testimony and
evidence presented at the hearing. Other persons who have
participated in the evaluation of the patient or, if further treatment was
requested by a mental health treatment agency, persons of that agency who are
directly involved in the care of the patient shall testify at the request of
the court or of the patient's attorney.� Witnesses shall testify as to
placement alternatives appropriate and available for the care and treatment of
the patient. The clinical record of the patient for the current
admission shall be available and may be presented in full or in part as
evidence at the request of the court, the county attorney or the patient's
attorney.
C. If the patient, for medical or psychiatric
reasons, is unable to be present at the hearing and cannot appear by other
reasonably feasible means, the court shall require clear and convincing
evidence that the patient is unable to be present at the hearing and on such a
finding may proceed with the hearing in the patient's absence.
D. The requirements of subsection B of this section
are in addition to all rules of evidence and the Arizona rules of civil
procedure, not inconsistent with subsection B of this section.
E. A verbatim record of all proceedings under this
section shall be made by stenographic means by a court reporter if a written
request for a court reporter is made by any party to the proceedings at least
twenty-four hours in advance of such proceedings. If
stenographic means are not requested in the manner provided by this subsection,
electronic means shall be directed by the presiding judge. The
stenographic notes or electronic tape shall be retained as provided by statute.
F. A patient who has been ordered to undergo
treatment may request a certified transcript of the hearing. To
obtain a copy, the patient shall pay for a transcript or shall file an
affidavit that the patient is without means to pay for a
transcript. If the affidavit is found true by the court, the expense
of the transcript is a charge on the county in which the proceedings were held,
or, if an intergovernmental agreement by the counties has required evaluation
in a county other than that of the patient's residence, such expense may be
charged to the county of the patient's residence or in which the patient was
found before evaluation.END_STATUTE