Bill
Number: H.B. 2312
Yee Floor Amendment
Reference to: House engrossed bill
Amendment drafted by: Jake Agron
FLOOR AMENDMENT EXPLANATION
The amendment stipulates, in a criminal case, that a minor who has agreed to an interview may not be interviewed by the defendant, the defendant’s attorney or an agent of the defendant unless the prosecutor is notified at least five days in advance and the minor is informed that the prosecutor may be present at the interview.
YEE FLOOR AMENDMENT
SENATE AMENDMENTS TO H.B. 2312
(Reference to House engrossed bill)
Page 1, between lines 1 and 2, insert:
“Section 1. Section 8-412, Arizona Revised Statutes, is amended to read:
8-412. Victim's right to refuse an interview; applicability
A. Unless the victim consents, the victim shall not be compelled to submit to an interview on any matter, including any alleged delinquent act witnessed by the victim and that occurred on the same occasion as the delinquent act against the victim, or filed in the same petition or consolidated for an adjudication hearing, that is conducted by the juvenile defendant, the attorney for the juvenile defendant or an agent of the juvenile defendant.
B. The juvenile defendant, the attorney for the juvenile defendant or an agent of the juvenile defendant shall only initiate contact with the victim through the prosecutor's office. The prosecutor's office shall inform the victim of the juvenile defendant's request for an interview within ten days after the request and shall advise the victim of the victim's right to refuse the interview.
C. The prosecutor shall not be required to forward any correspondence from the juvenile defendant, the juvenile defendant's attorney or an agent of the juvenile defendant to the victim or the victim's representative.
D. If the victim consents to an interview, the prosecutor's office shall inform the juvenile defendant, the attorney for the juvenile defendant or an agent of the juvenile defendant of the time and place the victim has selected for the interview. If the victim wishes to impose other conditions on the interview, the prosecutor's office shall inform the juvenile defendant, the attorney for the juvenile defendant or an agent of the juvenile defendant of the conditions. The victim has the right to terminate the interview at any time or to refuse to answer any question during the interview. The prosecutor has standing at the request of the victim to protect the victim from harassment, intimidation or abuse and, pursuant to that standing, may seek any appropriate protective court order.
E. Unless otherwise directed by the victim, the prosecutor may attend all interviews. If a transcript or tape recording of the interview is made and on request of the prosecutor, the prosecutor shall receive a copy of the transcript or tape recording at the prosecutor's expense.
F. This section applies to the parent or legal guardian of a minor child who exercises victims' rights on behalf of the minor child. NOTWITHSTANDING SUBSECTION E OF THIS SECTION, THE JUVENILE DEFENDANT, THE JUVENILE DEFENDANT’S ATTORNEY OR AN AGENT OF THE JUVENILE DEFENDANT MAY NOT INTERVIEW A MINOR CHILD WHO HAS AGREED TO AN INTERVIEW, EVEN IF THE MINOR CHILD’S PARENT OR LEGAL GUARDIAN INITIATES CONTACT WITH THE JUVENILE DEFENDANT, THE JUVENILE DEFENDANT’S ATTORNEY OR AN AGENT OF THE JUVENILE DEFENDANT, UNLESS THE PROSECUTOR IS ACTUALLY NOTIFIED AT LEAST FIVE DAYS IN ADVANCE AND THE MINOR IS INFORMED THAT THE PROSECUTOR MAY BE PRESENT AT THE INTERVIEW.”
Renumber to conform
Page 1, after line 14, insert:
“Sec. 3. Section 13-4433, Arizona Revised Statutes, is amended to read:
13-4433. Victim's right to refuse an interview; applicability
A. Unless the victim consents, the victim shall not be compelled to submit to an interview on any matter, including any charged criminal offense witnessed by the victim and that occurred on the same occasion as the offense against the victim, or filed in the same indictment or information or consolidated for trial, that is conducted by the defendant, the defendant's attorney or an agent of the defendant.
B. The defendant, the defendant's attorney or an agent of the defendant shall only initiate contact with the victim through the prosecutor's office. The prosecutor's office shall promptly inform the victim of the defendant's request for an interview and shall advise the victim of the victim's right to refuse the interview.
C. The prosecutor shall not be required to forward any correspondence from the defendant, the defendant's attorney or an agent of the defendant to the victim or the victim's representative.
D. If the victim consents to an interview, the prosecutor's office shall inform the defendant, the defendant's attorney or an agent of the defendant of the time and place the victim has selected for the interview. If the victim wishes to impose other conditions on the interview, the prosecutor's office shall inform the defendant, the defendant's attorney or an agent of the defendant of the conditions. The victim has the right to terminate the interview at any time or to refuse to answer any question during the interview. The prosecutor has standing at the request of the victim to protect the victim from harassment, intimidation or abuse and, pursuant to that standing, may seek any appropriate protective court order.
E. Unless otherwise directed by the victim, the prosecutor may attend all interviews. If a transcript or tape recording of the interview is made and on request of the prosecutor, the prosecutor shall receive a copy of the transcript or tape recording at the prosecutor's expense.
F. If the defendant or the defendant's attorney comments at trial on the victim's refusal to be interviewed, the court shall instruct the jury that the victim has the right to refuse an interview under the Arizona Constitution.
G. This section applies to the parent or legal guardian of a minor child who exercises victims' rights on behalf of the minor child. Notwithstanding subsection E of this section, THE DEFENDANT, THE DEFENDANT’S ATTORNEY OR AN AGENT OF THE DEFENDANT MAY NOT INTERVIEW A MINOR CHILD WHO HAS AGREED TO AN INTERVIEW, EVEN IF THE MINOR CHILD’S PARENT OR LEGAL GUARDIAN INITIATES CONTACT WITH THE DEFENDANT, THE DEFENDANT’S ATTORNEY OR AN AGENT OF
THE DEFENDANT, UNLESS THE PROSECUTOR IS ACTUALLY NOTIFIED AT LEAST FIVE DAYS IN ADVANCE AND THE MINOR IS INFORMED THAT THE PROSECUTOR MAY BE PRESENT AT THE INTERVIEW.”
Amend title to conform