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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
AMENDED
technical
correction; child hearing programs
(NOW: public records; victim's rights)
Purpose
Requires a law enforcement agency or prosecuting agency that creates or receives a public record to withhold, for at least 24 hours, the disclosure of a record that contains the name of a person who is involved in an accident that either causes the death of, or serious physical injury to, the person unless prescribed conditions are met.
Background
In a special action brought for the release of any record created or received by or in the possession of a law enforcement or prosecution agency that relates to a criminal investigation or prosecution and that visually depicts the image of a witness under eighteen years of age, or a victim as otherwise outlined, the petitioner shall establish that the public's interest in disclosure outweighs the witness's or victim's right to privacy. A victim whose image is depicted in a record as described has the right to be present at and to be heard in any action brought for the release of records as described (A.R.S. § 39-121.04).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires a law enforcement agency or prosecuting agency that creates or receives a public record to withhold, for at least 24 hours after the accident, the disclosure of a record that contains the name of a person who is involved in an accident that either causes the death of, or serious physical injury to, the person unless a court of competent jurisdiction orders the disclosure.
2. Exempts a law enforcement agency or prosecuting agency from the 24-hour withholding requirement if:
a) the seriously injured person consents to the disclosure before 24-hours have passed; or
b) an immediate family member of the deceased or seriously injured person consents to the disclosure of the person's name before the 24 hours have passed.
3. Exempts any records that are transmitted between law enforcement agencies, prosecuting agencies, courts and clerks of the court.
4. Exempts any provision of law that governs the discovery process or the conduct of trials.
5. Designates this act as "Brett's Law".
6. Becomes effective on the general effective date.
Amendments Adopted by the Committee of the Whole
1. Requires, rather than allows, a law enforcement agency or prosecuting agency that creates or receives a public record to withhold the disclosure of a record that contains the name of a person who is involved in a fatal or serious accident for at least 24 hours after the accident.
2. Adds exemptions to the 24-hour withholding requirement to include if: 1) the seriously injured person consents to the disclosure before 24 hours have passed; or 2) an immediate family member of the deceased or seriously injured person contests the disclosure of the person's name before the 24 hours have passed.
3. Removes the right of the person whose name is included in the record to be present at and to be heard in any action brought for the release of the record.
4. Makes technical and conforming changes.
Senate Action
JUD 2/15/24 DPA/SE 6-0-1
Prepared by Senate Research
March 5, 2024
ZD/KK/cs