Transfer of criminal justice information; definition

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13-609. Transfer of criminal justice information; definition

A. If a person is found incompetent by a court pursuant to rule 11, Arizona rules of criminal procedure, the court shall transmit the case information and the date of the incompetency finding to the supreme court. The supreme court shall transmit the case information and the date of the incompetency finding to the department of public safety. The department of public safety shall transmit the case information and the date of the incompetency finding to the national instant criminal background check system.

B. If a person is subsequently found competent, the court shall transmit the case information to the supreme court. The supreme court shall transmit the finding of competency to the department of public safety. The department of public safety shall transmit the finding of competency to the national instant criminal background check system.

C. If a person is found guilty except insane, the court shall transmit the case information and the date of the verdict to the supreme court. The supreme court shall transmit the case information and the date of the verdict to the department of public safety. The department of public safety shall transmit the case information and the date of the verdict to the national instant criminal background check system.

D. On request, the clerk of the court that originally found the defendant incompetent or in which the defendant was found guilty except insane shall provide certified copies of the order to a law enforcement or prosecuting agency that is investigating or prosecuting a prohibited possessor as defined in section 13-3101.

E. For the purposes of this section, " case information" means the person's name, sex and date of birth, the last four digits of the person's social security number, if available, the court case number and the court originating agency identification number.


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