State SealARIZONA HOUSE OF REPRESENTATIVES

 

SB 1315: victims' rights; refusal of interviews

PRIME SPONSOR: Senator Farnsworth E, LD 12

BILL STATUS: Transmitted to Governor

                               

 

Overview

Extends, beyond final disposition of the case, a victim's right to refuse an interview or discovery request related to the criminal case involving the victim by the defendant☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note. Requires criminal and juvenile probation departments, rather than the courts, to notify victims of their case.

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

Refusing an Interview or Discovery Request

1.       Extends, beyond final disposition of the case, the right of victims and their representatives to refuse an interview or discovery request related to the criminal case involving the victim by the defendant or any person acting on the defendant's behalf, unless the case involved a dismissal with prejudice or an acquittal (Secs. 8, 15).

Victim Notification

2.       Requires the probation department, rather than the superior court, to provide victims notice in criminal cases (Secs. 12, 14)

3.       Requires the juvenile probation department, rather than the juvenile court, to provide victims notice in juvenile cases (Secs. 2-5, 7).

4.       Removes the requirement that a prosecutor who has not received a crime victim's notification information must still inform the victim of a decision not to proceed with the case (Sec. 11).

5.       Allows a victim of a juvenile or criminal offense to supply the victim's contact information on a form provided by the investigating law enforcement agency (Secs. 6, 13).

Enforcing Victims' Rights

6.       Permits a victim of a juvenile or criminal offense to seek an order, bring a special action, or file a notice of appearance in a trial court seeking to enforce any right, or to challenge an order denying any right, guaranteed to victims.

a.       Prohibits the court from charging a fee to file a special action or to seek an order.

b.       Allows the victim's counsel or the prosecutor to initiate the proceedings (Secs. 9, 16).

7.       Allows a victim to bring a special action in justice and municipal courts to enforce any right, or to challenge an order denying any right, guaranteed to the victim (Secs. 17, 18).

Miscellaneous

8.       Makes conforming changes (Secs. 1, 10).

9.       Makes technical changes (Secs. 1, 8, 10, 11, 15).

 

 

 

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Fifty-fourth Legislature                               SB 1315

First Regular Session                    Version 4: Transmitted

 

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