ARIZONA
HOUSE OF REPRESENTATIVES
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SB 1313: juror contact; advisement; interview requirements S/E: victim information; disclosure; procedures |
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PRIME SPONSOR: Senator Farnsworth E, LD 12 BILL STATUS: Caucus & COW |
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Summary of the Strike-Everything Amendment to SB 1313
Overview
Permits prosecutors to
provide unredacted audio, video, or criminal justice information to defense
attorneys.
History
Identifying information includes a victim's date of birth, social security number, driver license, and official state or government-issued identification number (A.R.S. § 13-4434(D)). Locating information includes a victim's address, telephone number, e-mail address, and place of employment.
Prosecutors and law enforcement agents must redact any victim's identifying and locating information contained in criminal case records, including in discovery disclosed to the defendant (A.R.S. § 13-4434(B)).
This privacy protection does not extend to:
1. The victim's name, unless the victim is a minor and the interests in confidentiality, privacy, or the minor's rights, or the state's best interests, outweigh the public interest in disclosure;
2. Records transmitted between law enforcement and prosecutors, or law enforcement and the court;
3. Information the victim allows to be released; or
4. The general location of the crime (A.R.S. § 13-4434(C)).
The Department of Public Safety (DPS) collects, process, and stores criminal justice records in the Central State Repository (CSR) and the Arizona Criminal Justice Information System (ACJIS) (A.R.S. § 41-1750(A)).
The DPS director must authorize the exchange of criminal justice information only between the CSR, or through ACJIS, and certain entities, such as criminal justice agencies, the Board of Fingerprinting, the governor, and the auditor general (A.R.S. § 41-1750(G)). Defense attorneys are not included in these entities.
Criminal justice information is information collected by criminal justice agencies in order to perform their authorized and required functions, such as information relating to criminal history records, citations, stolen property, traffic accident reports, and wanted persons. Administrative records of criminal justice agencies are not included in criminal justice information (A.R.S. § 41-1750(Y)).
Provisions
Audio or Video (Sec. 1)
1. Permits prosecutors to give defense attorneys unredacted audio or video that may contain a victim's identifying or locating information if the defense attorneys agree to:
a. Limit the use of audio or video to the purposes for which they are given;
b. Ensure the security and confidentiality of the audio or video; and
c. Not disseminate the audio or video to another person.
2. Permits defense attorneys to disseminate redacted audio or video to another person only after the defense attorneys:
a. Notify the prosecutors that the defense attorneys determine it is necessary to disseminate the audio or video; and
b. Receive a redacted copy from the prosecutors.
3. Requires prosecutors to review and redact audio or video within a reasonable amount of time after the defense attorneys' notice.
Criminal Justice Information (Sec. 2)
4. Requires the DPS director to authorize the exchange of criminal justice information between the CSR, or through the ACJIS, and a defense attorney if:
a. A prosecutor discloses the information to the defense attorney as part of a criminal case; and
b. The defense attorney limits the use of the data to the purposes for which they are given and ensures the data's security and confidentiality.
5. Permits defense attorneys to disseminate redacted copies of criminal justice information to another person only after the defense attorneys:
a. Notify the prosecutors it is necessary to disseminate to another person; and
b. Receive a redacted copy from the prosecutors.
6. Requires prosecutors to review and redact criminal justice information within a reasonable amount of time after the defense attorneys' notice.
7. Prohibits defense attorneys from disseminating unreviewed and unredacted criminal justice information to another person.
Miscellaneous
8. Defines defense attorney, and their non-attorney staff members, as an attorney if the person:
a. Is a member in good standing of the Arizona Bar; and
b. Has entered a notice of appearance on behalf of a defendant in a criminal case (Secs. 1–2).
9. Makes conforming changes (Secs. 1–2).
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13. Fifty-fourth Legislature SB 1313
14. First Regular Session Version 2: Caucus & COW
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