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ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
911 records; minors; parental consent
Purpose
Prohibits an audio recording of a minor's 911 telephone call from being disclosed to the public unless a parent or guardian of the minor consents to the disclosure.
Background
Permanent public
records of the state, a county, city or town or other political subdivision of
the state must be kept in a permanent quality which conforms to standards established
by the Director of the Arizona State Library, Archives and Public Records (A.R.S.
§ 39-101). Public records must be open to inspection by any person at all
times during office hours (A.R.S.
§ 39-121). All officers and public bodies must maintain all records reasonably
necessary or appropriate to maintain an accurate knowledge of their official
activities and of any of their state funded activities (A.R.S.
§ 39-121.01). Record includes documentary materials, regardless of
physical form or characteristics, including records made or received by any
governmental agency in pursuance of law (A.R.S.
§ 41-151).
The Arizona
Supreme Court found that all records maintained by officers and public bodies are
presumed open to the public for inspection as public records (Carlson
v. Pima County,
141 Ariz. 487 (1984)). According to the Arizona Attorney General's Agency
Handbook an exception to the general presumption of access to public records
may be made in the interest of protecting personal privacy. An exception is
warranted when the disclosure would invade privacy and that invasion outweighs
the public's right to inspection. An exception is also warranted if the information
in question is available through alternative means due to Arizona Court of
Appeals precedent (AG).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits an audio recording of a minor's 911 telephone call from being disclosed to the public unless a parent or guardian of the minor consents to the disclosure.
2. Becomes effective on the general effective date.
Prepared by Senate Research
February 8, 2022
ZD/HW/sr