Assigned to JUD                                                                                                            AS PASSED BY HOUSE

 


 

 

 


ARIZONA STATE SENATE

Fifty-Fourth Legislature, First Regular Session

 

AMENDED

FACT SHEET FOR S.B. 1315

 

victims' rights; refusal of interviews

Purpose

            Extends a victim's right to refuse an interview, deposition or any other discovery request by a defendant, beyond final disposition of charges, with exceptions. Allows a victim to bring, in a trial court proceeding, a special action seeking to enforce any right or to challenge an order denying any right guaranteed to victims.

Background

            The Arizona Constitution states that under the Victim's Bill of Rights, a victim of crime has a right to: 1) be treated with fairness, respect and dignity, and be free from intimidation, harassment or abuse, throughout the criminal justice process; 2) be informed, upon request, when the accused or convicted person is released from custody or has escaped; 3) be present at and, upon request, be informed of all criminal proceedings where the defendant has the right to be present; 4) be heard at any proceeding involving a post-arrest release decision, a negotiated plea and sentencing; 5) refuse an interview, deposition or other discovery request by the defendant or person acting on behalf of the defendant; 6) confer with the prosecution after the crime against the victim has been charged, before trial or before any disposition of the case, and be informed of the disposition; 7) read pre-sentence reports relating to the crime against the victim when they are available to the defendant; 8) receive prompt restitution; 9) be heard at any proceeding when any post-conviction release from confinement is being considered; 10) a speedy trial or disposition and prompt and final conclusion of the case after the conviction and sentence; 11) have all rules governing criminal procedure and the admissibility of evidence in all criminal proceedings protect victims' rights and have these rules be subject to amendment or repeal by the Legislature to ensure the protection of these rights; and 12) be informed of victims' constitutional rights (Ariz. Const. art. 2 § 2.1).

            The right to refuse an interview, deposition or other discovery request 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, 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.      Specifies that a victim's right to refuse a request is specific to requests related to criminal cases involving the victim.

3.      Applies the extension of the right to refuse an interview, deposition or any other discovery request to victims of offenses committed by juveniles.

4.      Stipulates that the extension of a victim's right to refuse does not require any other enumerated right in the Victim's Bill of Rights to remain enforceable beyond a final disposition.

5.      Grants standing to a victim to seek an order, bring a special action or file a notice of appearance in a trial court to enforce or challenge an order denying any right guaranteed to victims.

6.      Prohibits a victim in a trial court or appellate proceeding from being charged a filing fee to:

a)      file a special action;

b)      seek an order to enforce any right guaranteed to victims; or

c)      challenge an order denying any right guaranteed to victims.

7.      Allows a victim's counsel or a prosecutor to initiate proceedings that involve the assertion of a victim's right.

8.      Allows an investigating law enforcement agency to provide victims with request for notice forms.

9.      Requires the probation department, rather than the court, to notify victims of specified events in criminal proceedings, as outlined.

10.  Makes technical and conforming changes.

11.  Becomes effective on the general effective date.

Amendments Adopted by the House of Representatives

1.      Requires the probation department, rather than the court, to notify victims of specified events in criminal proceedings, as outlined.

2.      Grants standing to a victim to seek an order, bring a special action or file a notice of appearance in a trial court to enforce or challenge an order denying any right guaranteed to victims.

3.      Prohibits a victim in a trial court or appellate proceeding from being charged a filing fee to:

a)      file a special action;

b)      seek an order to enforce any right guaranteed to victims; or

c)      challenge an order denying any right guaranteed to victims.

4.      Specifies that a victim's right to refuse a request is specific to requests related to criminal cases involving the victim.

Senate Action                                                          House Action

JUD                 2/7/19        DP       7-0-0                   JUD                 3/27/19      DPA     7-3-0-0

3rd Read          2/14/19                  20-10-0               3rd Read          4/30/19                    59-0-1

Prepared by Senate Research

May 1, 2019

JA/RC/kja