ARIZONA HOUSE OF REPRESENTATIVES

SB 1315: victims' rights; refusal of interviews

PRIME SPONSOR: Senator Farnsworth E, LD 12

BILL STATUS: Judiciary

Overview

Extends, beyond final disposition of the case, the right of victims to refuse an interview or discovery request by the defendant, unless the case involved a dismissal with prejudice or an acquittal.

History

A victim is a person against whom a criminal offense has been committed (Ariz. Const. Art. II, § 2.1). If the person is killed or incapacitated, a victim may be the person's spouse, parent, child, or other lawful representative, provided this person is not in custody for or accused of the offense.

Victims have certain rights, such as the right to be notified of and present at various stages of the prosecution (Title 13, Chapter 40). Victims also have the right to refuse an interview or any discovery request by the defendant, the defendant's attorney, or the defendant's representative. (Ariz. Const. Art. II, § 2.1; A.R.S. §§ 8-412, 13-4433). These rights generally exist until final disposition of the case (A.R.S. §§ 8-383, 13-4402).

Final disposition means the ultimate termination of the delinquency proceeding or the criminal prosecution, including dismissal, acquittal, or imposition of a disposition or sentence (A.R.S. §§ 8-382(11), 13-4401(10).

Provisions

1. Extends, beyond final disposition of the case, the right of victims and their representatives to refuse an interview or discovery request by the defendant or any person acting on the defendant's behalf, unless the case involved a dismissal with prejudice or an acquittal.

2. Makes conforming changes (Secs. 1, 3).

3. Makes technical changes (Secs. 2, 4).

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7. Fifty-fourth Legislature                       SB 1315

8. First Regular Session                            Version 1: Judiciary

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