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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
victims; disclosure requirements; witness; names
Purpose
Allows a victim's name to be redacted from records released pursuant to a public records request if the agency reasonably expects that the release of the victim's name will result in harassment of the victim, threats to the victim's safety or witness tampering, with outlined exceptions.
Background
A victim has the right to not testify at any court proceeding regarding any identifying or locating information unless the victim consents to, or the court orders, a disclosure on the finding that a compelling need for the information exists.
Statute requires victim's identifying and locating information that is obtained, compiled, or reported by a law enforcement agency or prosecution agency to be redacted from records pertaining to the criminal case involving the victim, including discovery disclosed to the defendant, the defendant's attorney or any of the attorney's staff. Statute outlines circumstances in which this requirement does not apply, including: 1) the victim's name, except if the victim is a minor if the rights of the minor or interest of the state outweigh the public interest in disclosure; 2) any record that is transmitted between law enforcement agencies and prosecution agencies or a court; 3) any records if the victim has consented to the release of the information; 4) the general location at which the reported crime occurred; and 5) the victim's address if it appears in any body-worn camera footage, photographs or other visual or audio depictions and there is evidence the defendant already knows the victim's address (A.R.S. ยง 13-4434).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows a crime victim's name, or juvenile offense victim's name, upon the victim's request, to be redacted by the originating agency and prosecution agencies from records that pertain to the criminal case involving the victim that are released pursuant to a public records request if the agency reasonably expects the release of the victim's name will result in harassment of the victim, threats to the victim's safety or witness tampering.
2. Specifies a victim's name may not be redacted from any record:
a) that is transmitted between law enforcement agencies and prosecution agencies or a court or that is disclosed to the defendant, the defendant's attorney or any of the attorney's staff;
b) regarding a victim that is deceased;
c) if the victim or the victim's representative, if the victim is a minor or a vulnerable adult, has consented to the release of the information;
d) that a court of competent jurisdiction has ordered to be disclosed or a rule of procedure requires the release of a record to a party; or
e) if the law enforcement agency or prosecution agency has received a notice of final disposition in the criminal case.
3. Allows the name of a witness to a crime contained in a record that is created or received by a law enforcement or prosecution agency to be redacted from a public record by the public body if the witness requests anonymity and the agency reasonably expects release of the name will result in harassment of the witness, threats to the witness's safety or witness tampering.
4. Specifies a public body may disclose the name of a witness to a crime in a public record if any of the following applies:
a) the witness consents to the disclosure in writing;
b) a court of competent jurisdiction orders the disclosure or a rule of procedure requires the release of a record to a party; or
c) the public body has received a notice of final disposition in the criminal case.
5. Defines final disposition to mean the ultimate termination of the criminal prosecution of a defendant by a trial court, including dismissal, acquittal or imposition of a sentence.
6. Makes technical changes.
7. Becomes effective on the general effective date.
House Action
JUD 2/12/25 DP 9-0-0-0
3rd Read 2/27/25 58-0-2
Prepared by Senate Research
March 7, 2025
ZD/AW/ci