Senate Engrossed

 

 

 

 

State of Arizona

Senate

Fifty-fourth Legislature

First Regular Session

2019

 

 

 

SENATE BILL 1315

 

 

 

AN ACT

 

amending sections 8‑383, 8‑412, 13‑4402 and 13‑4433, Arizona Revised Statutes; relating to victims' rights.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


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

Section 1.  Section 8-383, Arizona Revised Statutes, is amended to read:

START_STATUTE8-383.  Implementation of rights and duties

A.  Except as provided in sections 8‑385, and 8‑386 and 8‑412, the rights and duties that are established by this article arise on the arrest or formal charging of a juvenile who is alleged to be responsible for a delinquent act against a victim.  The rights and duties continue to be enforceable pursuant to this article until the final disposition of the charges, including acquittal or dismissal of the charges, all postadjudication release, review and appellate proceedings and the discharge of all proceedings related to restitution.  If a delinquent is ordered to pay restitution to a victim, the rights and duties continue to be enforceable until restitution is paid or a judgment is entered in favor of the victim pursuant to section 8‑344.

B.  If a juvenile's adjudication is reversed and the case is returned to the juvenile court for further proceedings, the victim has the same rights that were applicable to the delinquency proceedings that led to the appeal or other postadjudication relief proceeding.

C.  After the final termination of a delinquency proceeding by dismissal or acquittal, a person who has received notice and has the right to be present and be heard pursuant to the victims' bill of rights, article II, section 2.1, Constitution of Arizona, this article or any court rule is no longer entitled to those rights. END_STATUTE

Sec. 2.  Section 8-412, Arizona Revised Statutes, is amended to read:

START_STATUTE8-412.  Victim's right to refuse an interview; applicability

A.  Unless the victim consents, the victim shall not be compelled to submit to an interview on any matter, including any alleged delinquent act witnessed by the victim and that occurred on the same occasion as the delinquent act against the victim, or filed in the same petition or consolidated for an adjudication hearing, that is conducted by the juvenile defendant, the attorney for the juvenile defendant or an agent of the juvenile defendant.

B.  The juvenile defendant, the attorney for the juvenile defendant or an agent of the juvenile defendant shall only initiate contact with the victim through the prosecutor's office.  The prosecutor's office shall inform the victim of the juvenile defendant's request for an interview within ten days after the request and shall advise the victim of the victim's right to refuse the interview.

C.  The prosecutor shall not be required to forward any correspondence from the juvenile defendant, the juvenile defendant's attorney or an agent of the juvenile defendant to the victim or the victim's representative.

D.  If the victim consents to an interview, the prosecutor's office shall inform the juvenile defendant, the attorney for the juvenile defendant or an agent of the juvenile defendant of the time and place the victim has selected for the interview.  If the victim wishes to impose other conditions on the interview, the prosecutor's office shall inform the juvenile defendant, the attorney for the juvenile defendant or an agent of the juvenile defendant of the conditions.  The victim has the right to terminate the interview at any time or to refuse to answer any question during the interview.  The prosecutor has standing at the request of the victim to protect the victim from harassment, intimidation or abuse and, pursuant to that standing, may seek any appropriate protective court order.

E.  Unless otherwise directed by the victim, the prosecutor may attend all interviews.  If a transcript or tape recording of the interview is made and on request of the prosecutor, the prosecutor shall receive a copy of the transcript or tape recording at the prosecutor's expense.

F.  This section applies to the parent or legal guardian of a minor child who exercises victims' rights on behalf of the minor child. Notwithstanding subsection E of this section, the juvenile defendant, the juvenile defendant's attorney or an agent of the juvenile defendant may not interview a minor child who has agreed to an interview, even if the minor child's parent or legal guardian initiates contact with the juvenile defendant, the juvenile defendant's attorney or an agent of the juvenile defendant, unless the prosecutor is actually notified has actual notice at least five days in advance and the minor child is informed that the prosecutor may be present at the interview.

G.  Except in cases involving a dismissal with prejudice or an acquittal, The right of a victim and a victim's representative to refuse an interview, a deposition or any other discovery request by the juvenile defendant, the juvenile defendant's attorney or any other person acting on behalf of the juvenile defendant remains enforceable beyond a final disposition of the charges.  This subsection does not require any other right enumerated in article II, section 2.1, Constitution of Arizona, to remain enforceable beyond a final disposition as prescribed in section 8‑383, subsection A. END_STATUTE

Sec. 3.  Section 13-4402, Arizona Revised Statutes, is amended to read:

START_STATUTE13-4402.  Implementation of rights and duties

A.  Except as provided in sections 13‑4404, and 13‑4405 and 13‑4433, the rights and duties that are established by this chapter arise on the arrest or formal charging of the person or persons who are alleged to be responsible for a criminal offense against a victim.  The rights and duties continue to be enforceable pursuant to this chapter until the final disposition of the charges, including acquittal or dismissal of the charges, all post‑conviction release and relief proceedings and the discharge of all criminal proceedings relating to restitution.  If a defendant is ordered to pay restitution to a victim, the rights and duties continue to be enforceable by the court until restitution is paid.

B.  If a defendant's conviction is reversed and the case is returned to the trial court for further proceedings, the victim has the same rights that were applicable to the criminal proceedings that led to the appeal or other post‑conviction relief proceeding.

C.  After the final termination of a criminal prosecution by dismissal with prejudice or acquittal, a person who has received notice and the right to be present and heard pursuant to the victims' rights act, article II, section 2.1, Constitution of Arizona, any implementing legislation or court rule is no longer entitled to such rights. END_STATUTE

Sec. 4.  Section 13-4433, Arizona Revised Statutes, is amended to read:

START_STATUTE13-4433.  Victim's right to refuse an interview; applicability

A.  Unless the victim consents, the victim shall not be compelled to submit to an interview on any matter, including any charged criminal offense witnessed by the victim and that occurred on the same occasion as the offense against the victim, or filed in the same indictment or information or consolidated for trial, that is conducted by the defendant, the defendant's attorney or an agent of the defendant.

B.  The defendant, the defendant's attorney or an agent of the defendant shall only initiate contact with the victim through the prosecutor's office.  The prosecutor's office shall promptly inform the victim of the defendant's request for an interview and shall advise the victim of the victim's right to refuse the interview.

C.  The prosecutor shall not be required to forward any correspondence from the defendant, the defendant's attorney or an agent of the defendant to the victim or the victim's representative.

D.  If the victim consents to an interview, the prosecutor's office shall inform the defendant, the defendant's attorney or an agent of the defendant of the time and place the victim has selected for the interview.  If the victim wishes to impose other conditions on the interview, the prosecutor's office shall inform the defendant, the defendant's attorney or an agent of the defendant of the conditions.  The victim has the right to terminate the interview at any time or to refuse to answer any question during the interview.  The prosecutor has standing at the request of the victim to protect the victim from harassment, intimidation or abuse and, pursuant to that standing, may seek any appropriate protective court order.

E.  Unless otherwise directed by the victim, the prosecutor may attend all interviews.  If a transcript or tape recording of the interview is made and on request of the prosecutor, the prosecutor shall receive a copy of the transcript or tape recording at the prosecutor's expense.

F.  If the defendant or the defendant's attorney comments at trial on the victim's refusal to be interviewed, the court shall instruct the jury that the victim has the right to refuse an interview under the Arizona Constitution.

G.  This section applies to the parent or legal guardian of a minor child who exercises victims' rights on behalf of the minor child. Notwithstanding subsection E of this section, the defendant, the defendant's attorney or an agent of the defendant may not interview a minor child who has agreed to an interview, even if the minor child's parent or legal guardian initiates contact with the defendant, the defendant's attorney or an agent of the defendant, unless the prosecutor is actually notified has actual notice at least five days in advance and the minor child is informed that the prosecutor may be present at the interview.

H.  Except in cases involving a dismissal with prejudice or an acquittal, The right of a victim and a victim's representative to refuse an interview, a deposition or any other discovery request by the defendant, the defendant's attorney or any other person acting on behalf of the defendant remains enforceable beyond a final disposition of the charges.  This subsection does not require any other right enumerated in article II, section 2.1, Constitution of Arizona, to remain enforceable beyond a final disposition as prescribed in section 13-4402, subsection A. END_STATUTE