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Senate Engrossed
criminal justice data collection; system. |
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State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023
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SENATE BILL 1588 |
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An Act
amending sections 13-4434 and 41-2408, Arizona Revised Statutes; amending title 41, chapter 21, article 1, Arizona Revised Statutes, by adding section 41-2414; appropriating monies; relating to the Arizona criminal justice commission.
(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:
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.
Sec. 2. Section 41-2408, Arizona Revised Statutes, is amended to read:
41-2408. Criminal justice data collection; reporting requirements; definitions
A. The Arizona criminal justice commission is designated as the central collection point for criminal justice data collection.
B. Unless prohibited by federal or state law, the Arizona criminal justice commission may require any state or local criminal justice agency to submit any necessary information that is currently collected and readily reportable electronically by the agency at the time of the request, including all of the following:
1. An agency's compliance with statutorily required reports or mandated federal or state reporting. , or
2. Any other information that is deemed necessary by a vote of the full commission.
C. This section does not authorize the Arizona criminal justice commission to require state or local criminal justice agencies to collect or maintain any new data that is not required under subsection B of this section.
D. The arizona criminal justice commission shall not release any disaggregated personally identifying information, locating information, photograph or mugshot of any INDIVIDUAL.
D. E. For the purposes of this section: ,
1. "Criminal justice agency" has the same meaning prescribed in section 41-1750.
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.
Sec. 3. Title 41, chapter 21, article 1, Arizona Revised Statutes, is amended by adding section 41-2414, to read:
41-2414. State, county and municipal online data system; reporting requirements; definitions
A. The Arizona criminal justice commission shall implement the state, county and municipal online data system. The data system shall be published on the commission's website in a modern, open, electronic format that is readily accessible to the public. The system shall become operational on the vote of the commission. unless prohibited by any other law, the criminal justice agencies in this state approved by the commission as ready to report shall submit data that is currently collected and readily reportable electrONically into the system as prescribed by section 41-2408 and this section.
B. law enforcement agencies shall report:
1. For an alleged offender:
(b) The individual's full name.
(c) The individual's address.
(d) The unique agency event identifier.
(e) The INDIVIDUAL'S date of birth.
(f) If deceased, The date the individual was declared deceased.
(g) The individual's race.
(h) The individual's sex.
2. For a victim:
(a) The INDIVIDUAL'S date of birth.
(b) If deceased, The date the individual was declared deceased.
(c) The individual's race.
(d) The individual's sex.
(e) The UNIQUE agency event identifier.
3. For an agency or service provider:
(a) The unique agency IDENTIFIER.
(b) The name of the agency.
(c) The address of the agency.
(d) The name of the facility or organization.
(e) The Address and usage for the facility or organization.
4. For events:
(a) The date the event started and ended.
(b) The status of the event.
(c) The physical location where the event took place.
(d) The unique agency identifier.
(e) The unique agency event identifier associated with the event.
(f) If applicable, the unique identifier for the provider associated with the event.
(g) The official name of the provider facility assigned by the provider.
(h) The evidence or property item unique IDENTIFIER, sequence number and description, INCLUDING THE quantity of the event property collected at the scene.
(i) The record number of the evidence or property item for crime laboratory analysis.
(j) The date the crime laboratory analysis of the evidence or property item was requested, and the date the crime laboratory analysis was completed.
(a) The unique agency event identifier associated with the charge or allegation.
(b) the specific charge or allegation.
(c) The booking agency reporting the charge or allegation.
(d) The date the charge or allegation was reported.
(e) The status of the charge or allegation.
(f) The date the crime laboratory analysis was conducted.
(g) The result or finding of the crime laboratory analysis.
(h) The release date from the jail or detention center.
C. Prosecuting Agencies shall report:
(a) The individual's full name.
(b) The individual's address.
(c) The INDIVIDUAL'S date of birth and birthplace.
(d) If deceased, The date the individual was declared deceased.
(e) The individual's race.
(f) The individual's sex.
(g) Any alias the individual may have had.
(h) The country where the individual lives or lived, if deceased.
(i) The name of the tribal nation in which the individual is a member, if applicable.
(j) if the individual is currently serving or has served in the armed forces.
(k) The individual's DISABILITIES, if any.
(l) Any languages the INDIVIDUAL speaks.
2. For a victim:
(a) The INDIVIDUAL'S date of birth and birthplace.
(b) The unique law enforcement event identifier.
(c) If deceased, The date the individual was declared deceased.
(d) The individual's race.
(e) The individual's sex.
(f) The country of which the INDIVIDUAL is citizen.
(g) The country where the individual lives or lived, if deceased.
(h) The name of the tribal nation in which the individual is a member, if applicable.
(i) if the individual is currently serving or has served in the armed forces.
(j) The individual's DISABILITIES, if any.
(k) Any languages the INDIVIDUAL speaks.
3. For an agency:
(a) The unique agency IDENTIFIER.
(b) The name of the agency.
(c) The address of the agency.
(a) The unique law enforcement event identifier associated with the defendant.
(b) The unique agency identifier.
(c) The unique agency event identifier associated with the court proceeding.
(d) The charges filed and any amendments to the CHARGES at disposition.
5. For results:
(a) The unique law enforcement event identifier associated with the defendant.
(b) The compensation awarded to the victims of the event.
(c) The dates the charges were filed by the prosecution.
D. Courts shall report:
1. For a defendant:
(a) The individual's full name.
(b) The individual's address.
(c) The INDIVIDUAL'S date of birth and birthplace.
(d) The court proceeding unique identifier.
(e) If deceased, The date the individual was declared deceased.
(f) The individual's race.
(g) The individual's sex.
(h) Any alias the individual may have had.
(i) The country where the individual lives or lived, if deceased.
2. For an agency:
(a) The unique agency IDENTIFIER.
(b) The name of the agency.
(c) The address of the agency.
3. For events:
(a) The unique law enforcement event identifier associated with the court proceeding.
(b) The unique agency identifier.
(c) The judge or magistrate who presided over the proceeding.
(d) The date the court proceeding began.
(e) The county where the court proceedings took place.
(f) The type of criminal court case and court proceeding.
(g) The type and date of the hearing or event in the court.
(h) The charges filed and any amendments to the CHARGES at disposition.
(i) If an appeal was filed.
4. For results:
(a) The unique identifier associated with the court proceeding.
(b) The agency unique identifier.
(c) The pretrial release decision by the court.
(d) The type of bond and bond amount determined by the court.
(e) The grand jury INDICTMENT at the court.
(f) The outcome of the court pleading or motion.
(g) The outcome of the court hearing or event.
(h) The Warrant issued by the court.
(i) The date the warrant was ordered.
(j) The reason for the warrant.
(k) The disposition category and the detail of the court case.
(l) The date of the court disposition.
(m) The type of sentencing and sentencing conditions imposed.
E. The state department of corrections shall report:
1. For an inmate:
(a) The inmate's full name.
(b) The inmate's address.
(c) The INMATE'S unique IDENTIFIER.
(d) The INMATE'S date of birth and birthplace.
(e) If DECEASED, the date the inmate was declared deceased.
(f) The inmate's race.
(g) The inmate's sex.
(h) Any alias the inmate may have had.
(i) The country where the inmate lives or lived, if deceased.
(j) The name of the tribal nation in which the inmate is a member, if applicable.
(k) if the inmate has served in the armed forces.
(l) The inmate's DISABILITIES, if any.
(m) Any languages the INmate speaks.
2. For an agency:
(a) The unique agency IDENTIFIER.
(b) The name of the agency.
(c) The address of the agency.
3. For a provider or facility:
(a) A unique provider or facility IDENTIFIER.
(b) The name of the facility or organization.
(c) The address of the facility or organization.
4. For events or services:
(a) The services provided.
(b) The services identified in the prison or community corrections case plan.
(c) The unique agency inmate identifier.
(d) The unique agency identifier.
(e) The unique provider or facility identifier.
(f) The unique identifier associated with the court proceeding.
(g) The level of security assigned to the inmate.
(h) The discharge request date to the BOARD of executive clemency.
5. For results:
(a) The unique agency inmate identifier.
(b) The unique agency identifier.
(c) The unique provider or facility identifier.
(d) The unique identifier associated with the court proceeding.
(e) The name and type of assessment or analysis.
(f) The date the ASSESSMENT or analysis was conducted.
(g) The results or findings of the ASSESSMENT or analysis.
(h) The COMMUNITY SUPERVISION violation type and outcome.
(i) Gang membership status, if applicable.
(j) The category and date of the disciplinary violation.
(k) The type and level of treatments and interventions INVOLVING the inmate.
(l) The dates of the treatment or intervention sessions in which the inmate participated.
(m) The date DETERMINED for release or early RELEASE.
(n) The employment status of the inmate placed on community SUPERVISION.
(o) The status of treatments assigned to the inmate.
(p) The date community SUPERVISION began and ended.
(q) If applicable, the date community supervision was transferred to another jurisdiction.
F. Probation shall report:
1. For a probationer:
(a) The probationer's full name.
(b) The probationer's address.
(c) The PROBATIONER'S unique identifier.
(d) The probationer'S date of birth and birthplace.
(e) If deceased, The date the probationer was declared deceased.
(f) The probationer's race.
(g) The probationer's sex.
(h) Any alias the probationer may have had.
(i) The country where the probationer lives or lived, if deceased.
2. For an agency:
(a) A unique agency IDENTIFIER.
(b) The name of the agency.
(c) The address of the agency.
3. For events:
(a) The PROBATIONER'S unique identifier.
(b) The unique agency IDENTIFIER.
(c) An indicator of an interstate compact probation case.
4. For results:
(a) The PROBATIONER'S unique identifier.
(b) The unique agency IDENTIFIER.
(c) The type of probation violation and the result.
G. The arizona criminal justice commission shall not release any disaggregated personally identifying information, locating information, photograph or mugshot of any INDIVIDUAL.
H. The arizona criminal justice commission shall establish policies to protect confidential information. Criminal justice data may not be made available by the arizona criminal justice commission for any political or commercial purposes.
I. For the purposes of this section:
1. "Alleged offender" means A person who is charged with or arrested for a criminal offense.
2. "Criminal justice agency" has the same meaning prescribed in section 41-1750.
3. "Identifying information" includes a PERSON'S name, date of birth, social security number and official state or government issued driver license or IDENTIFICATION NUMBER.
4. "Locating information" includes the person's address, telephone number, email address and place of employment.
5. "Prosecuting agency" has the same meaning prescribed in section 38-1119.
Sec. 4. Appropriations; Arizona criminal justice commission
A. The following amounts in the following fiscal years are appropriated from the state general fund to the Arizona criminal justice commission to implement and maintain the state, county and municipal open data system and to create the necessary reporting mechanisms for criminal justice agencies to report data into the system:
1. $4,700,000 in fiscal year 2023-2024.
2. $4,800,000 in fiscal year 2024-2025.
3. $4,800,000 in fiscal year 2025-2026.
B. The appropriations made in subsection A of this section are exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations.