ARIZONA HOUSE OF REPRESENTATIVES Fifty-fifth Legislature Second Regular Session

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HB2709: victim's right to privacy; exception

Sponsor: Representative Blackman, LD 6

Committee on Judiciary

Overview

Expands exceptions to a victim's right to privacy. Outlines procedure for the disclosure of a victim's identifying information.

History

The victims has a right not to testify when identifying information is involved in a court proceeding. Exceptions to a victim's right to privacy occur following a victim's consent or a court disclosure order. A victim's identifying information must be redacted from records about the criminal case involving the victim (A.R.S. § 13-4434).  

The redaction of a victim's identifying information from records does not apply to:

1) The victim's name unless the victim is a minor in which the victim's name may be redacted from public records;

2) Any transmitted records between law enforcement and the court;

3) Records the victim's representative has consented to be released; and

4) The general location the reported crime occurred (A.R.S. § 13-4434).

Identifying information includes a victim's date of birth, social security number and official government identification number.

Locating information includes the victim's address, telephone number, email address and place of employment (A.R.S. § 13-4434).

Provisions

1. Specifies the victim's address may not be redacted from records if:

a) The victim's address appears in any visual or audio depictions; and

b) There is evidence that the defendant knows the victim's address because of a domestic relationship. (Sec. 1)

2. Allows the court to order the disclosure of a victim's identifying information in specific cases. (Sec. 1)

3. Outlines procedure before the information disclosure:

a) The victim must be notified; and

b) The victim has the right to be heard by the court. (Sec. 1)

4. Prohibits the defendant's attorney from:

a) Disclosing the information to any individual other than the attorney's staff; and

b) Providing the disclosed information to the defendant without court authorization. (Sec. 1)

5. Makes a technical and conforming change. (Sec. 1)

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9.                   HB 2709

10. Initials LC/DG       Page 0 Judiciary

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