ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

Senate: PS DP 7-0-0-0 | 3rd Read: 29-0-1-0

House: GOV DP 6-0-0-1

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


SB 1220: victims' rights; audio recordings; appeal

Sponsor: Senator Bolick, LD 2

Caucus & COW

Overview

Adds audio and video recordings to the list of items an immediate family member of specified victims has the right to receive and outlines the appeal process if a claim is denied.

History

When a victim of a criminal offense can be contacted without interfering with an investigation, the law enforcement agency responsible for the investigation is required to provide the victim with electronic forms, pamphlets, information cards or other materials for specified purposes.  These purposes include advising the victim: 1) that they have the right to receive one copy of the police report from the investigating law enforcement agency; 2) of their right to be treated with fairness, respect and dignity; and 3) the resources and services available for applicable criminal offenses (A.R.S. §§ 8-386, 13-4405).

Any person who requests to examine or copy public records and who is denied access to these records may file an appeal through a special action in the superior court.  In addition, the court may award attorney fees and other legal costs incurred through this special action (A.R.S. § 39-121.02)

Provisions

1.   Adds audio recordings and video recordings to the list of documents an immediate family member of a killed or incapacitated victim has the right to receive. (Sec. 1, 2, 4)

2.   Allows a victim who is denied access to a public record in the course of a criminal case to appeal the denial through a special action within the criminal case. (Sec. 3)

3.   Defines domestic violence offense. (Sec. 4)

4.   Makes technical and conforming changes. (Sec. 1, 2, 3, 4)

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8.                     SB 1220

9.   Initials JH/SR     Page 0 Caucus & COW

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