Fifty-fourth Legislature                                                        

First Regular Session                                                           

 

COMMITTEE ON JUDICIARY

HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2466

(Reference to printed bill)

 

 

 


Page 2, strike line 16

Page 3, strike lines 32 through 43, insert:

"A.  The victim shall provide to and maintain with the law enforcement agency that is responsible for providing notice to the victim a request for notice on a form that is provided by that agency or the investigating law enforcement agency.  The form shall include a telephone number and address.  If the victim fails to keep the victim's telephone number and address current, the victim's request for notice is withdrawn.  At any time the victim may request notice of subsequent proceedings by filing on a request form provided by the agency the victim's current telephone number and address."

Page 5, strike lines 36 through 45

Page 6, strike lines 1 through 22, insert:

            "Sec. 10.  Section 13-4408, Arizona Revised Statutes, is amended to read:

START_STATUTE13-4408.  Pretrial notice

A.  Within seven days after the prosecutor charges a criminal offense by complaint, information or indictment and the accused is in custody or has been served a summons, the prosecutor's office shall give the victim notice of the following:

1.  The victim's rights under the victims' bill of rights, article II, section 2.1, Constitution of Arizona, any implementing legislation and court rule.

2.  The charge or charges against the defendant and a clear and concise statement of the procedural steps involved in a criminal prosecution.

3.  The procedures a victim shall follow to invoke his the victim's right to confer with the prosecuting attorney pursuant to section 13‑4419.

4.  The person within the prosecutor's office to contact for more information.

5.  The victim's right to request a preconviction restitution lien pursuant to section 13‑806.

B.  Notwithstanding the provisions of subsection A of this section, if a prosecutor declines to proceed with a prosecution after the final submission of a case by a law enforcement agency at the end of an investigation, the prosecutor shall, before the decision not to proceed is final, shall notify the victim, whose information has been provided to the prosecutor pursuant to section 13‑4405, and provide the victim with the reasons for declining to proceed with the case.  The notice shall inform the victim of his the victim's right on request to confer with the prosecutor before the decision not to proceed is final.  Such This notice applies only to violations of a state criminal statute.END_STATUTE"

Page 6, line 28, strike "court" insert "court or, if the case is in the superior court, the"

Line 39, after "the" insert "court, or if the case is in the superior court, the"

Page 7, line 7, strike "court" insert "court or, if the case is in the superior court, the"

Strike lines 21 through 32, insert:

"A.  The victim shall provide to and maintain with the agency that is responsible for providing notice to the victim a request for notice on a form that is provided by that agency or the investigating law enforcement agency.  The form shall include a telephone number and address.  If the victim fails to keep the victim's telephone number and address current, the victim's  request for notice is withdrawn.  At any time the victim may request notice of subsequent proceedings by filing on a  request form provided by the agency the victim's current telephone number and address."

Amend title to conform


And, as so amended, it do pass

 

JOHN M. ALLEN

CHAIRMAN

 

 

2466JUDICIARY

02/20/2019

01:23 PM

H: ra