ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

HB 2388: silent witness; records; nondisclosure; exceptions

S/E:

Sponsor: Representative Marshall, LD 7

Committee on Public Safety & Law Enforcement

Summary of Strike-Everything Amendment to HB 2388

Overview

Outlines procedures for records of communication between individuals who submit a report of criminal activity to a silent witness, crime stopper or operation game thief program (Crime Reporting Programs).

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. Prohibits the disclosure of a record of communication between a person who submits a report of criminal activity to Crime Reporting Programs administered by a police department, sheriff's department, county attorney's office or the Arizona Game and Fish Department (specified government entities) and the person who accepted the report on behalf of the silent witness program. (Sec. 1)

2. States that a report maintained by Crime Reporting Programs administered by specified government entities regarding the record of communication is not subject to compulsory production except on a motion filed in a superior court that establishes good cause for disclosure. (Sec. 1)

3. Specifies that the party filing the motion has the burden to show good cause for disclosure. (Sec. 1)

4. Requires the court, if a motion to disclose a record of communication is granted, to authorize a subpoena by the moving party to obtain the information. (Sec. 1)

5. Instructs a Crime Reporting Program administered by specified government entities to retain the record of communication until at least the first anniversary of the following:

a) the expiration date for all direct appeals in a criminal proceeding; or

b) the date the plaintiff's appeal rights are exhausted in a civil proceeding. (Sec. 1)

6. Makes a technical and conforming change. (Sec. 1)

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10. HB 2388

11. Initials MT Page 0 Public Safety & Law Enforcement

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