ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

House: JUD DP 9-0-0-0

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

HB 2653: victims; disclosure requirements; witnesses; names

Sponsor: Representative Weninger, LD 13

House Engrossed

Overview

Allows victims and crime witnesses to request the redaction of their names from public records in certain cases.

History

Statute restricts the disclosure of a victim's identifying and locating information — such as address, date of birth or social security number — in court proceedings and criminal case records. Victims cannot be compelled to testify about such information unless they consent or a court finds a compelling need for disclosure, and law enforcement and prosecution agencies must redact victims' private details from case records before sharing them with the defense (A.R.S. §§ 8-413; 13-4434). Similar provisions are made in law for witnesses to a crime (A.R.S. § 39-123.01).

Provisions

1.   Permits victims in juvenile or criminal cases to request that their names be redacted from public records requests if law enforcement reasonably expects that disclosure would lead to harassment, threats to safety or witness tampering. (Sec. 1-2)

2.   Stipulates that the name redaction for victims does not apply to any record:

a)   that is:

i.  transmitted between law enforcement agencies, prosecution agencies or a court; or

  ii.  that is disclosed to the defendant, the defendant's attorney or any of the attorney's staff;

b)   where the victim is deceased;

c) where the victim has consented to disclosure;

d)   that a court has ordered disclosed; or

e)   in a case where there is a final disposition. (Sec. 1-2)

3.   Permits crime witnesses to request that their names be redacted from public records requests if law enforcement reasonably expects that disclosure would lead to harassment, threats to safety or witness tampering. (Sec. 3)

4.   Stipulates that the name redaction for witnesses does not apply to any record:

a)   where the witness has consented to disclosure;

b)   that a court has ordered disclosed; or

c) in a case where there is a final disposition. (Sec. 3)

5.   Defines final disposition. (Sec. 1, 3)

6.   Makes technical and conforming changes. (Sec. 1-3)

7.    

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9.   ---------- DOCUMENT FOOTER ---------

10.                    HB 2653

11.  Initials NM          Page 0 House Engrossed

12.   

13.  ---------- DOCUMENT FOOTER ---------