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REFERENCE TITLE: subpoena; grand jury; issuance |
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State of Arizona House of Representatives Forty-ninth Legislature Second Regular Session 2010
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HB 2623 |
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Introduced by Representative Lujan
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AN ACT
amending section 13-4071, Arizona Revised Statutes; amending title 13, chapter 38, article 21, Arizona Revised Statutes, by adding section 13-4076; relating to subpoenas.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-4071, Arizona Revised Statutes, is amended to read:
13-4071. Subpoena; issuance; duty of clerk
A. The process by which attendance of a witness before a court or magistrate is required is a subpoena.
B. The subpoena may be signed and issued:
1. By a magistrate before whom a complaint is laid for witnesses, either on behalf of the state or the defendant.
2. By the county attorney, attorney general, municipal prosecutor or city prosecutor for witnesses to appear before the grand jury, or for witnesses on a complaint, indictment or information to appear before the court in which the complaint, indictment or information is to be heard or tried or by the county attorney, attorney general, municipal prosecutor or city prosecutor for witnesses requested by a grand jury.
3. By the clerk of the court in which an indictment or information is to be tried, or by the clerk as authorized in subsection C.
C. The clerk of the court or the clerk's designee, on request of the county attorney or attorney general, shall issue a subpoena for witnesses to appear before the grand jury, without prior authorization by a grand jury, if all of the following occur:
1. A duly impaneled grand jury is sworn and is in existence at the time of the issuance of the subpoena.
2. The county attorney or attorney general designates the subpoena with the standard identifying grand jury number.
3. The county attorney or attorney general reports to the foreman of the grand jury, or in the foreman's absence the acting foreman, the fact of the issuance of the subpoena within ten days following its issuance or, if the grand jury is in recess, at the first succeeding session of the grand jury after the expiration of the ten day period.
4. The county attorney or attorney general reports to the presiding judge of the superior court the fact of the issuance of the subpoena within ten days following its issuance.
D. C. The clerk, at any time, on application of the defendant, and without charge, shall issue as many blank subpoenas, subscribed by the clerk as clerk, for witnesses as the defendant requires. Blank subpoenas shall not be used to procure discovery in a criminal case, including to access the records of a victim. Records relating to recovered memories or disassociated memories may be subject to subpoena only if the state seeks to introduce evidence of the victim's recovered or disassociated memory, the records are not otherwise privileged and the court approves the subpoena after a hearing. The victim shall be given notice of and the right to be heard at any proceeding involving a subpoena for records of the victim from a third party. END_STATUTE
Sec. 2. Title 13, chapter 38, article 21, Arizona Revised Statutes, is amended by adding section 13-4076, to read:
13-4076. Subpoena duces tecum; issuance; objection
A. The county attorney, attorney general, municipal prosecutor or city prosecutor may issue a subpoena duces tecum to a person or entity for records in connection with a criminal investigation only after receiving prior authorization by a grand jury.
B. The subpoena duces tecum shall be issued in the same manner prescribed in section 13-4071.
C. If grounds for objection exist under rule 45, Arizona rules of civil procedure, a person may file with the court an objection to the inspection or copying of any or all of the records.