Wednesday, April 13, 2011

Possibly Shady Arizona Legislature Bill of the Day

Posted By on Wed, Apr 13, 2011 at 2:20 PM

Maybe this isn't a big deal, but as a parent, I'm not entirely thrilled that the police can record my children without my consent, as long as it's part of an investigation of some sort, thanks to SB 1244 which ran through the Legislature without much trouble and was signed by Jan Brewer yesterday. At very least, I'll be sure to tell my nine year old that he should ask to be able to call his parents before the police get out the video camera. SB 1453, which was also signed yesterday, allows parents to pull their kid out of any classroom activity they find objectionable, but apparently, I don't get that same right when it comes to the police anymore.

From the Senate's fact sheet:

The Parents’ Bill of Rights was established by Laws 2010, Chapter 307 and states that the liberty of parents to direct the upbringing, education, health care and mental health of their children is a fundamental right (A.R.S. § 1-601).

A.R.S. § 1-602 specifies that a parent has a right to consent in writing under the following circumstances: a) before a biometric scan of a minor child is made by a school; b) before any record of the minor child’s blood or DNA is created, stored or shared, except as part of the newborn screening program; and c) before any genetic testing is conducted, with certain exceptions.

A parents’ right to consent in writing is also applicable before the State or any of its political subdivisions makes a video or voice recording of the minor child, unless the recording is made during, or as part of, a court proceeding or a forensic interview in a criminal or child protective services investigation. The right to consent in writing doesn’t apply if the video or voice recording is used solely for the following: a) safety demonstrations; b) purposes related to legitimate academic or extracurricular activities or to regular classroom instruction; c) security or surveillance of buildings or grounds; and d) a photo identification card (A.R.S. § 1-602).

There is no anticipated fiscal impact to the state General Fund.

Provisions

1. Specifies that a law enforcement officer may make a video or voice recording of a minor child, without prior written parental consent under the Parents’ Bill of Rights, if the recording is made during, or as part of, a law enforcement investigation.

2. Makes technical changes.

3. Becomes effective on signature of the Governor, if the emergency clause is enacted.

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