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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
victims' rights; audio recordings; appeal
Purpose
Requires a law enforcement agency to provide crime victims with a free copy of any audio recordings within a police report and allows a victim to appeal a denied public records request as prescribed.
Background
A victim of a criminal offense that is a Part I crime under the Statewide Uniform Crime Reporting Program, the victim's attorney on behalf of the victim or an immediate family member of the victim if the victim is killed or incapacitated has the right to receive one copy of the police report and video recordings from the investigating law enforcement agency at no charge and, on request of the victim, the court or the clerk of the court must provide, at no charge, the minute entry or portion of the record of any proceeding in the case that arises out of the offense committed against the victim and that is reasonably necessary to pursue a claimed victim's right (A.R.S. § 39-127).
Domestic violence is any act that is a dangerous crime against children, if any of the following applies: 1) the relationship between the victim and defendant is one of marriage or former marriage or of persons residing or having resided in the same household; 2) the victim and defendant have a child in common; 3) the victim or the defendant is pregnant by the other party; 4) the victim is related to the defendant or the defendant's spouse by blood or court order as a parent, grandparent, child, grandchild, brother or sister or by marriage as a parent-in-law, grandparent-in-law, stepparent, step-grandparent, stepchild, step-grandchild, brother-in-law or sister-in-law; 5) the victim is a child who resides or has resided in the same household as the defendant and is related by blood to a former spouse of the defendant or to a person who resides or who has resided in the same household as the defendant; or 6) the relationship between the victim and the defendant is currently or was previously a romantic or sexual relationship (A.R.S. § 13-3601).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Adds audio recordings to the list of supplements within a police report that a law enforcement agency must provide to a crime victim for free.
2. Allows a victim, if a victim is denied access to a public record during a criminal case in superior court, to appeal the denial through special action within the criminal case.
4. Makes technical and conforming changes.
5. Becomes effective on the general effective date.
Prepared by Senate Research
February 3, 2025
KJA/NRG/slp