Page 20, between lines 3 and 4,
insert:
“Sec. 9. Section 13-4434, Arizona Revised
Statutes, is amended to read:
13-4434. Victim's right to privacy; exception;
definitions
A. The victim has the right at any court proceeding
not to testify regarding the victim's
addresses, telephone numbers, places of employment or other any identifying or locating
information unless the victim consents or the court orders disclosure on
finding that a compelling need for the information exists. A court
proceeding on the motion shall be in camera.
B. A victim's contact
and identifying and
locating information that is obtained, compiled or reported by a
law enforcement agency or prosecution
agency shall be redacted by the originating agency in publicly accessible and prosecution agencies from records
pertaining to the criminal case involving the victim including discovery disclosed to the defendant.
C. Subsection B does not apply to:
1. The victim's name.
2. Any records that are transmitted between law
enforcement and prosecution agencies or a court.
3. Any records if the victim has consented to the
release of the information.
4. The address
or GENERAL location
at which the reported crime occurred.
D. FOR THE PURPOSES OF
THIS SECTION:
1. “IDENTIFYING
INFORMATION” INCLUDES A VICTIM’S DATE OF BIRTH, SOCIAL SECURITY NUMBER AND
OFFICIAL STATE OR GOVERNMENT ISSUED DRIVER LICENSE OR IDENTIFICATION NUMBER.
2. “LOCATING
INFORMATION” INCLUDES THE VICTIM’S ADDRESS, TELEPHONE NUMBER, E-MAIL ADDRESS
AND PLACE OF EMPLOYMENT.”
Renumber to conform
Page 21, after line 21, insert:
“Sec. 15. Intent
It is the intent of this legislature to protect the privacy of
crime victims by preventing the disclosure of a victim’s identifying and
locating information that may be contained in records pertaining to the
criminal case. The legislature finds that crime victims in this state have
constitutional rights to justice and due process, to be treated with fairness,
to restitution and to have all rules governing criminal procedure protect
victims’ rights and to have these rules be subject to amendment or repeal by
the legislature to ensure the protection of these rights. Further, the legislature
has the constitutional authority to enact substantive and procedural laws to
define, implement, preserve and protect the rights guaranteed to victims.
Section 13-4434, Arizona Revised Statutes, as amended by this act is enacted
pursuant to these rights and this constitutional grant of authority.”
Amend title to conform
Bill
Number: H.B. 2454