REFERENCE TITLE: victims' privacy; criminal case information

 

 

 

 

State of Arizona

Senate

Fifty-fourth Legislature

Second Regular Session

2020

 

 

SB 1278

 

Introduced by

Senator Boyer

 

 

AN ACT

 

amending section 13‑4434, Arizona Revised Statutes; relating to victims' rights.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 13-4434, Arizona Revised Statutes, is amended to read:

START_STATUTE13-4434.  Victim's right to privacy; exception; definitions

A.  The victim has the right at any court proceeding not to testify regarding 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 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 and prosecution agencies from records pertaining to the criminal case involving the victim, including discovery disclosed to the defendant, the defendant's attorney or any of the attorney's staff.

C.  Subsection B of this section does not apply to:

1.  The victim's name except, if the victim is a minor, the victim's name may be redacted from public records pertaining to the crime if the countervailing interests of confidentiality, privacy, the rights of the minor or the best interests of this state outweigh the public interest in disclosure.

2.  Any records that are transmitted between law enforcement and prosecution agencies or a court.

3.  Any records if the victim or, if the victim is a minor, the victim's representative as designated under section 13‑4403 has consented to the release of the information.

4.  The 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. END_STATUTE