Senate Engrossed

 

technical correction; child hearing programs

(now:  accident victims; public records)

 

 

 

 

State of Arizona

Senate

Fifty-sixth Legislature

Second Regular Session

2024

 

 

 

SENATE BILL 1090

 

 

 

 

An Act

 

amending title 39, chapter 1, article 2, Arizona Revised Statutes, by adding section 39-123.02; relating to public records.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 39, chapter 1, article 2, Arizona Revised Statutes, is amended by adding section 39-123.02, to read:

START_STATUTE39-123.02. Withholding of names of accident victims; public records; law enforcement and prosecution records

A. A law enforcement agency or prosecution agency that creates or receives a public 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 shall withhold the disclosure of the deceased or seriously injured person's name for at least twenty-four hours after the accident unless any of the following occurs:

1. a court of competent jurisdiction orders the disclosure.

2. The seriously injured person consents to the disclosure of the person's name before twenty-four hours have passed.

3. An immediate family member of the deceased or seriously injured person consents to the disclosure of the person's name before twenty-four hours have passed.

B. This section does not affect:

1. Any records that are transmitted between law enforcement and prosecution agencies, courts and clerks of court.

2. Any provision of law that governs the discovery process or the conduct of trials. END_STATUTE

Sec. 2. Short title

This act shall be known and cited as "Brett's Law".