Chapter 0008 - 522R - H Ver of HB2376

House Engrossed

State of Arizona

House of Representatives

Fifty-second Legislature

Second Regular Session

2016

CHAPTER 8

HOUSE BILL 2376

AN ACT

amending sections 8‑416 and 13‑4437, Arizona Revised Statutes; relating to victim restitution.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 8-416, Arizona Revised Statutes, is amended to read:

START_STATUTE8-416. Standing to invoke rights; recovery of damages; right to counsel

A. the rights enumerated in the victims' bill of rights, article ii, section 2.1, constitution of arizona, any implementing legislation or court rules belong to the victim. The victim has standing to seek an order, to bring a special action or to file a notice of appearance in an appellate proceeding seeking to enforce any right or to challenge an order denying any right guaranteed to victims ~~under the victims' bill of rights, article II, section 2.1, Constitution of Arizona, this article or court rules~~. In asserting any right, the victim has the right to be represented by personal counsel at the victim's expense.

B. A victim has the right to recover damages from a governmental entity responsible for the intentional, knowing or grossly negligent violation of the victim's rights under the victims' bill of rights, article II, section 2.1, Constitution of Arizona, any implementing legislation or court rule. Nothing in this section alters or abrogates any provision for immunity provided for under common law or statute.

C. At the request of the victim, the prosecutor may assert any right to which the victim is entitled.

D. On the filing of a notice of appearance and if present, counsel for the victim shall be included in all bench conferences and in chambers meetings and sessions with the trial court that directly involve a victim's right enumerated in article II, section 2.1, Constitution of Arizona.

e. notwithstanding any other law and without limiting any rights and powers of the victim, the victim has the right to present evidence or information and to make an argument to the court, personally or through counsel, at any proceeding to determine the amount of restitution pursuant to section 13-804. END_STATUTE

Sec. 2. Section 13-4437, Arizona Revised Statutes, is amended to read:

START_STATUTE13-4437. Standing to invoke rights; recovery of damages; right to counsel

A. The rights enumerated in the victims' bill of rights, article II, section 2.1, Constitution of Arizona, any implementing legislation or court rules belong to the victim. The victim has standing to seek an order, to bring a special action, or to file a notice of appearance in an appellate proceeding, seeking to enforce any right or to challenge an order denying any right guaranteed to victims under the victims' bill of rights, article II, section 2.1, Constitution of Arizona, any implementing legislation or court rules. In asserting any right, the victim has the right to be represented by personal counsel at the victim's expense.

B. A victim has the right to recover damages from a governmental entity responsible for the intentional, knowing or grossly negligent violation of the victim's rights under the victims' bill of rights, article II, section 2.1, Constitution of Arizona, any implementing legislation or court rules. Nothing in this section alters or abrogates any provision for immunity provided for under common law or statute.

C. At the request of the victim, the prosecutor may assert any right to which the victim is entitled.

E. Notwithstanding any other law and Without limiting any rights and powers of the victim, the victim has the right to present evidence or information and to make an argument to the court, personally or through counsel, at any proceeding to determine the amount of restitution pursuant to section 13‑804. END_STATUTE

Sec. 3. Legislative intent

It is the intent of the legislature to protect the rights of crime victims, including the right to receive prompt restitution from the person who is convicted of the criminal conduct that caused the victim's loss or injury. The legislature finds that crime victims in this state have constitutional rights to justice and due process, to be treated with fairness, to restitution and to have all rules governing criminal procedure protect victims' rights and to have these rules be subject to amendment or repeal by the legislature to ensure the protection of these rights. The legislature has the constitutional authority to enact substantive and procedural laws to define, implement, preserve and protect the rights guaranteed to victims. Sections 8-416 and 13-4437, Arizona Revised Statutes, as amended by this act, are amended pursuant to these rights and this constitutional grant of authority.