ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

House: PSLE DPA/SE 11-2-1-1 | 3rd Read 54-2-4-0

Senate: PS DPA 6-1-0-0 | 3rd Read 29-1-0-0

HB 2388: ~~silent witness; records; nondisclosure; exceptions~~

NOW: silent witness; nondisclosure; records; exceptions

Sponsor: Representative Marshall, LD 7

Senate Engrossed

Overview

Outlines procedures for the disclosure of tip information to a silent witness, crime stopper or operation game thief program (Crime Reporting Programs).

History

A silent witness or crime stopper program is a program that fulfills all the following: 1) purpose is to obtain information on wanted persons, felony crimes and other criminal activity; 2) forwards any information to the appropriate law enforcement agency; 3) use monies to provide rewards for information; 4) allow a person to submit anonymously; and 5) operates in connection to a certified law enforcement agency or county attorney's office (A.R.S. § 12-2311).

The record of communication between a person submitting the report to the law enforcement agency that administers the silent witness or crime stopper program and the person who accepts the report is not a public record (A.R.S. § 12- 2312).

Provisions

1. Prohibits the disclosure of information that might be used to identify an individual submitting a tip to Crime Reporting Programs if the individual did so anonymously. (Sec. 1)

2. Requires all tips that do not include an individual's full name to be deemed anonymous. (Sec. 1)

3. Stipulates that a prosecutor is not prohibited from disclosing any tip information if it is required by a constitutional, legal or ethical duty. (Sec. 1)

4. Instructs a prosecutor in a criminal case, if not required by a constitutional, legal or ethical duty, to make reasonable efforts not to disclose the information. (Sec. 1)

5. States that no portion of any record maintained by Crime Reporting Programs or organization that might be used to identify an individual who submitted a tip anonymously is subject to compulsory production except on a motion filed in a superior court that establishes good cause for disclosure. (Sec. 1)

6. Specifies that the party filing the motion has the burden to show good cause for disclosure. (Sec. 1)

7. Details that good cause can include reason to believe that the tip was motivated by bias or animus or that disclosure is necessary to investigate a defense to the allegation or the potential sentence. (Sec. 1)

8. Requires the court, if a motion to disclose tip information is granted, to authorize a subpoena by the moving party to obtain the information. (Sec. 1)

9. Prohibits, if the court authorizes a subpoena to obtain tip information, expanding the scope of discovery available under Arizona Court Rules. (Sec. 1)

10. Instructs a Crime Reporting Program or organization to retain tip materials submitted to them in writing by individuals submitting a report of criminal activity until at least the first anniversary of the following:

a) the expiration date for all direct appeals in a criminal proceeding; or

b) the date the plaintiff's appeal rights are exhausted in a civil proceeding. (Sec. 1)

11. Makes a technical and conforming change. (Sec. 1)

Senate Amendments

1. Adds that the information maintained by Crime Reporting Programs is subject to compulsory production except on a motion filed in the superior court or county where the alleged event has been filed or occurred.

2. Instructs a Crime Reporting Program to retain tip materials submitted to them in writing until the first anniversary of the date of expiration for all appeals and postconviction relief matters in a criminal proceeding or the expiration of the defendant’s sentence.

3. Makes technical changes.

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7. HB 2388

8. Initials MT Page 0 Senate Engrossed

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