ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

HB 2388: silent witness; records; nondisclosure; exceptions

Sponsor: Representative Marshall, LD 7

Committee on Public Safety & Law Enforcement

Overview

Exempts the record of communication between the person who submits a report about a crime and outlined law enforcement agencies who accept the report if specified criteria is met.

History

A silent witness or crime stopper program is a program that fulfills all the following: 1) purpose is to obtain information on wanted persons, felony crimes and other criminal activity; 2) forwards any information to the appropriate law enforcement agency; 3) use monies to provide rewards for information; 4) allow a person to submit anonymously; and 5) operates in connection to a certified law enforcement agency or county attorney's office (A.R.S. § 12-2311).

The record of communication between a person submitting the report to the law enforcement agency that administers the silent witness or crime stopper program and the person who accepts the report is not a public record. (A.R.S. § 12- 2312).

Provisions

1. Allows a record of communication between a person who submits a report of criminal activity and outlined law enforcement agencies if:

a) a motion is filed in a criminal trial by a defendant who asserts that the record of communication contains information that is material to the defendant's guilt or punishment; or

b) a motion is filed in a civil action by a plaintiff who asserts that withholding access to the record of a communication nullifies part of a valid common law cause of action if certain criteria is met. (Sec.1)

2. Specifies that in a civil case, the communication must be provided due to the nullification of a common law cause of action if the:

a) plaintiff was charged with or convicted of a criminal offense that was based in part on the record of communication;

b) charges were dismissed, the plaintiff was acquitted or the conviction was overturned; and

c) plaintiff demonstrates prima facie evidence that the nullified claim resulted from injury related to the criminal charge or conviction due to wrongful acts by another person in connection to the record of communication. (Sec.1)

3. Allows the court to issue a subpoena, once a motion is filed, for the relevant records and conduct an in camera review of the materials produced to assess whether the materials include information essential to the defendant's guilt or punishment or necessary to the plaintiff. (Sec.1)

4. States that the information is deemed privileged and confidential if disclosed. (Sec.1)

5. Directs the court to return all undisclosed material to the police department, sheriff's department, county attorney's office or Arizona Game and Fish Department. (Sec.1)

6. Instructs the law enforcement agencies to keep the undisclosed materials until one year after the expiration date of all direct appeals in a criminal proceeding or when the plaintiff's appeal rights are exhausted in civil proceedings. (Sec.1)

7. Makes technical changes. (Sec.1)

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