ARIZONA STATE SENATE

KAYTLIN KING

LEGISLATIVE RESEARCH INTERN

ZACK DEAN

LEGISLATIVE RESEARCH ANALYST

JUDICIARY COMMITTEE

Telephone: (602) 926-3171

RESEARCH STAFF

TO:                  MEMBERS OF THE SENATE

JUDICIARY COMMITTEE

DATE:            February 13, 2024

SUBJECT:      Strike everything amendment to S.B. 1090, relating to public records; victims rights

Purpose

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 an accident that either causes the death of, or serious physical injury to, the person unless a court of competent jurisdiction orders the disclosure.

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. Allows 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 any records that are transmitted between law enforcement agencies, prosecuting agencies, courts and clerks of the court.

3. Exempts any provision of law that governs the discovery process or the conduct of trials.

4. Adds 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.

5. Designates this act as "Brett's Law"

6. Becomes effective on the general effective date.