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REFERENCE TITLE: silent witness; records; nondisclosure; exceptions. |
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State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025
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HB 2711 |
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Introduced by Representative Blackman
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An Act
amending section 12-2312, Arizona Revised Statutes; relating to silent witness program records.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 12-2312, Arizona Revised Statutes, is amended to read:
12-2312. Admissibility of silent witness or crime stopper program records
A. A record of a communication between a person submitting who submits a report of criminal activity to a silent witness, crime stopper or operation game thief program administered by a police department, a sheriff's department, a county attorney's office or the Arizona game and fish department and the person who accepted the report on behalf of the silent witness program is not a public record.
b. A record of a communication described in subsection A of this section may not be disclosed and is not subject to compulsory production except when either of the following occurs:
1. A motion is filed in a criminal trial by a defendant who asserts that the record of a communication contains information that is material to the defendant's guilt or punishment.
2. 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 all of the following apply:
(a) the plaintiff was charged with or convicted of a criminal offense that was based in part on the record of a communication.
(b) the charges were dismissed, the plaintiff was acquitted or the conviction was overturned.
(c) The 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 a communication.
C. On receipt of a motion that is filed pursuant to subsection B of this section, the court may issue a subpoena for the relevant records and conduct an in camera review of the materials produced to assess WHETHER the materials include information that is material to the defendant's guilt or punishment or that is necessary to the plaintiff. If disclosed, the information is deemed to be privileged and confidential.
D. The court shall RETURN all undisclosed materials to the police department, sheriff's department, county attorney's office or Arizona game and fish department. The undisclosed materials shall be retained until one year following the date of expiration for all direct appeals in a criminal proceeding or the date the plaintiff's appeal rights are exhausted in a civil proceeding.