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ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
victims' rights; refusal of interviews
Purpose
Extends a victim's right to refuse an interview, deposition or any other discovery request, by a defendant or any person acting on behalf of the defendant, beyond final disposition of charges, with exceptions.
Background
Statute states that unless a victim consents, the victim shall not be compelled to submit to an interview that is conducted by the defendant, the defendant's attorney or an agent of the defendant. This includes interviews about 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 (A.R.S. § 13-4433). For cases with victims of juvenile defendants, this includes interviews about 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 (A.R.S. § 8-412).
Final disposition means the ultimate termination of the criminal prosecution of a defendant by a trial court, including dismissal, acquittal or imposition of a sentence (A.R.S. § 13-4401).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Extends, beyond a final disposition of the charges, the victim's and victim's representative's right 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, except in cases involving a dismissal with prejudice or an acquittal.
2. Applies extension of right to refuse an interview, deposition or any other discovery request to victims of offenses committed by juveniles.
3. Stipulates that the extension of this victim's right does not require any other enumerated right in the Victim's Bill of Rights to remain enforceable beyond a final disposition.
4. Makes technical and conforming changes.
5. Becomes effective on the general effective date.
Prepared by Senate Research
February 5, 2019
JA/RC/kja