First Regular Session S.B. 1588
PROPOSED
SENATE AMENDMENTS TO S.B. 1588
(Reference to printed bill)
Page 1, between lines 1 and 2, insert:
"Section 1. 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 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.
5. The victim's address, if the victim's address appears in any body-worn camera footage, photographs or other visual or audio depictions and there is evidence that the defendant knows the victim's address because of a relationship set forth in section 13-3601, subsection A.
6. Any data that is shared under the reporting requirements prescribed in section 41-2414.
D. Notwithstanding subsections A and B of this section, a court may order the victim's identifying and locating information to be disclosed in a specific case if it is necessary to protect the defendant's constitutional rights or when the information is not reasonably able to be redacted because of undue burden or expense. Before the court discloses the information, the victim must be notified and has the right to be heard by the court. If the disclosure is made to the defendant's attorney, the defendant's attorney may not disclose the information to any person other than the attorney's staff and a designated investigator. The defendant's attorney may not provide the disclosed information to the defendant without specific authorization from the court.
E. 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, email address and place of employment."
Renumber to conform
Page 1, line 5, strike "definition" insert "definitions"
Line 16, strike "full"
Between lines 20 and 21, insert:
Reletter to conform
Line 21, strike the comma insert ":
1."
Between lines 22 and 23, insert:
"2. "Identifying information" includes a person's name, date of birth, social security number and official state or government issued driver license or nonoperating identification license number.
3. "Locating information" includes a person's address, telephone number, email address and place of employment."
Line 25, strike "open" insert "online"
Line 28, strike "open" insert "Online"
Line 30, strike "beginning on january 1, 2024,"
Line 31, strike "and" insert "The system shall become operational on the vote of the commission."
Line 32, after "state" insert "approved by the commission as ready to report"; after "data" insert "that is currently collected and readily reportable electrically"; after "by" insert "section 41-2408 and"
Line 42, strike "ethnicity" insert "Race"
Page 2, line 1, strike "physical gender and"
Line 8, after "speaks" insert a period strike remainder of line
Strike lines 9 and 10
Line 14, strike "ethnicity" insert "Race"
Line 15, strike "physical gender and"
Line 23, after "speaks" insert a period strike remainder of line
Strike lines 24 and 25
Reletter to conform
Page 3, line 26, strike "ethnicity" insert "Race"
Line 27, strike "physical gender and"
Line 35, after "speaks" insert a period strike remainder of line
Strike lines 36 and 37
Line 42, strike "ethnicity" insert "Race"
Line 43, strike "physical gender and"
Page 4, line 6, after "speaks" insert a period strike remainder of line
Strike lines 7 and 8
Strike line 19
Reletter to conform
Line 34, strike "ethnicity" insert "Race"
Line 35, strike "physical gender and"
Page 5, strike line 5
Reletter to conform
Line 31, strike "ethnicity" insert "Race"
Line 32, strike "physical gender and"
Line 39, after "speaks" insert a period strike remainder of line
Strike lines 40 and 41
Page 6, line 44, strike "ethnicity" insert "Race"
Line 45, strike "physical gender and"
Page 7, strike lines 15 through 21, insert:
"G. The arizona criminal justice commission shall not release any disaggregated personally identifying information, locating information, photograph or mugshot of any INDIVIDUAL."
Amend title to conform