HB2406 - 572R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 11-597.02, Arizona Revised Statutes, is amended to read:

START_STATUTE11-597.02. Autopsy photographs, digital images, x-rays and video recordings; in camera review; exceptions; procedures; immunity

A. Notwithstanding title 39, chapter 1, photographs, digital images, x-rays and video recordings of human remains that are created by a medical examiner, alternate medical examiner or their employees or agents during a death investigation that is conducted pursuant to this chapter may not be disclosed by a medical examiner, alternate medical examiner or their employees or agents unless a judge of the superior court grants disclosure of all or part of the materials after reviewing the materials in camera. The judge of the superior court shall balance the interests under the public records laws of this state to determine whether to order disclosure of all or part of the materials. A person that seeks disclosure of the materials described in this section may file a petition in the superior court of the county in which the death investigation occurred for an in camera review of the materials.

B. Notwithstanding the provisions of subsection A of this section, the following persons may examine and obtain the materials described in subsection A of this section:

1. The county attorney, attorney general or other law enforcement agency having jurisdiction, as necessary for the performance of their duties.

2. The surviving spouse, child, parent, legal guardian, grandparent, grandchild or sibling of the decedent or their legal representative or designated agent.

3. A personal representative of the decedent's estate or a person designated by the decedent before death.

4. Federal, state or local governmental authorities, including public health officers, as necessary for the performance of their duties.

5. The attending physician or nurse practitioner.

6. A medical or scientific body or university or other educational institution for educational or research purposes, provided that the materials used do not reveal the decedent's identity.

7. An attorney for a defendant or petitioner in any criminal or postconviction proceeding for purposes of assisting representation in that proceeding.

c. nOTWITHSTANDING SUBSECTIONS a AND b OF THIS SECTION, photographs, digital images, x-rays and video recordings of human remains OF A MINOR that are created by a medical examiner, alternate medical examiner or their employees or agents during a death investigation MAY BE EXAMINED BY OR RELEASED TO ONLY THE FOLLOWING:

1. tHE PARENT OR LEGAL GUARDIAN OF THE DECEASED MINOR.

2. tHE PERSONAL REPRESENTATIVE FOR THE ESTATE OF THE DECEASED MINOR.

3. a LAW ENFORCEMENT AGENCY, PROSECUTION AGENCY, CHILD WELFARE AGENCY AS DEFINED IN SECTION 8-501 OR COURT FOR THE PURPOSE OF AN INVESTIGATION OR COURT PROCEEDING.

4. a CHILD FATALITY REVIEW TEAM ESTABLISHED PURSUANT TO TITLE 36, CHAPTER 35.

5. aN ATTORNEY FOR THE DEFENDANT OR PETITIONER IN A CRIMINAL OR POSTCONVICTION PROCEEDING FOR THE PURPOSE OF ASSISTING THE ATTORNEY's REPRESENTATION IN THAT PROCEEDING.

6. The attending physician or nurse practitioner.

7. a PERSON WHO IS AUTHORIZED BY A COURT ON A FINDING OF GOOD CAUSE.

C. d. Nothing in This section shall DOES NOT affect the conduct of trials or the discovery process as provided by law or court rule.

D. e. The medical examiner or alternate medical examiner may prescribe procedures for the issuance of materials pursuant to subsection SUBSECTIONS B AND C of this section, including reproduction fees.

E. f. A cause of action may not arise against the county medical examiner, alternate medical examiner or their employees or agents, or the county for lawfully disclosing a death investigation photograph, digital image, x-ray or video recording pursuant to this section.END_STATUTE

Sec. 2. Section 13-4434, Arizona Revised Statutes, is amended to read:

START_STATUTE13-4434. Victim's right to privacy; redaction of victim's name; deceased minor's pictures and videos; exceptions; definitions

A. The victim has the right at any court proceeding not to testify regarding any identifying or locating information unless the victim consents or the court orders disclosure on finding that a compelling need for the information exists. A court proceeding on the motion shall be in camera.

B. A victim's identifying and locating information that is obtained, compiled or reported by a law enforcement agency or prosecution agency shall be redacted by the originating agency and prosecution agencies from records pertaining to the criminal case involving the victim, including discovery disclosed to the defendant, the defendant's attorney or any of the attorney's staff.

C. Autopsy photographs, video recordings and digital images depicting the body of a deceased minor are confidential, and the minor victim's LAWFUL representative, parent or legal guardian has a right to not have the image or recording disclosed to anyone except as specifically provided by law or court rule.

C. D. Subsection B of this section does not apply to:

1. The victim's name except, if the victim is a minor, the victim's name may be redacted from public records pertaining to the crime if the countervailing interests of confidentiality, privacy, the rights of the minor or the best interests of this state outweigh the public interest in disclosure.

2. Any records that are transmitted between law enforcement agencies and prosecution agencies or a court.

3. Any records if the victim or, if the victim is a minor, the victim's lawful representative as designated under section 13-4403 has consented to the release of the information.

4. The general location at which the reported crime occurred.

5. The victim's address, if the victim's address appears in any body-worn camera footage, photographs or other visual or audio depictions and there is evidence that the defendant knows the victim's address because of a relationship set forth in section 13-3601, subsection A.

D. E. Notwithstanding subsections A and B of this section, a court may order the victim's identifying and locating information to be disclosed in a specific case if it is necessary to protect the defendant's constitutional rights or when the information is not reasonably able to be redacted because of undue burden or expense. Before the court discloses the information, the victim must be notified and has the right to be heard by the court. If the disclosure is made to the defendant's attorney, the defendant's attorney may not disclose the information to any person other than the attorney's staff and a designated investigator. The defendant's attorney may not provide the disclosed information to the defendant without specific authorization from the court.

E. F. On the request of a victim, the victim's name that is obtained, compiled or reported by a law enforcement agency or prosecution agency may be redacted by the originating agency and prosecution agencies from records that pertain to the criminal case involving the victim and that are released pursuant to a public records request if the agency reasonably expects that the release of the victim's name will result in harassment of the victim, threats to the victim's safety or witness tampering.

F. g. Subsection E F of this section does not apply to any of the following:

1. Any record that is transmitted between law enforcement agencies and prosecution agencies or a court or that is disclosed to the defendant, the defendant's attorney or any of the attorney's staff.

2. Any record regarding a victim who is deceased.

3. Any record if the victim or, if the victim is a minor or vulnerable adult as defined in section 13-3623, the victim's LAWFUL representative as designated under section 8-384 or 13-4403, has consented to the release of the information.

4. Any record that a court of competent jurisdiction has ordered to be disclosed or for which a rule of procedure requires the release of a record to a party.

5. Any record if the law enforcement agency or prosecution agency has received a notice of final disposition in the criminal case.

G. H. For the purposes of this section:

1. "Identifying information" includes a victim's date of birth, social security number and official state or government issued driver license or identification number.

2. "Locating information" includes the victim's address, telephone number, email address and place of employment. END_STATUTE

Sec. 3. Section 39-121.04, Arizona Revised Statutes, is amended to read:

START_STATUTE39-121.04. Public access to law enforcement records depicting certain witnesses or crime victims; victim rights; applicability

A. In a special action brought pursuant to this article for the release of any record created or received by or in the possession of a law enforcement agency or prosecution agency that relates to a criminal investigation or prosecution and that visually depicts the image of a witness under eighteen years of age or a victim as defined in section 13-4401, the petitioner shall establish that the public's interest in disclosure outweighs the witness's or victim's right to privacy.

B. A victim whose image is depicted in a record described in subsection A of this section has the right to be present at and to be heard in any action brought pursuant to this article for the release of records described in subsection A of this section.

C. This section does not apply to any photograph, video recording, digital image, law enforcement body-worn camera recording or dash camera recording, surveillance recording or other visual depiction that shows the body of a deceased minor or depicts the location where the death occurred, if known. END_STATUTE

Sec. 4. Title 39, chapter 1, Arizona Revised Statutes, is amended by adding article 6, to read:

ARTICLE 6. RECORDS of MINOR VICTIMS

START_STATUTE39-174. Definitions

In this article, unless the context otherwise requires:

1. "Child abuse record" means any photograph, video recording, digital image, law enforcement body-worn camera recording or dash camera recording, surveillance recording, forensic interview recording, audio recording, 911 emergency service telephone call recording or other visual or audio depiction that shows or describes a minor who is the victim of child abuse as prescribed in section 13-3623 or that is created during a criminal investigation for alleged child abuse.

2. "Child welfare agency" has the same meaning PRESCRIBED in section 8-501.

3. "Death scene image" means any photograph, video recording, digital image, law enforcement body-worn camera recording or dash camera recording, surveillance recording or other visual depiction that shows the body of a deceased minor or depicts the location where the death occurred, if known.

4. "Deceased minor" means a person who is under eighteen years of age at the time of the person's death.

5. "Emergency call recording" means any audio recording of a 911 emergency service telephone call or other emergency communication that relates to a deceased minor's death.

6. "Monetize" means to sell, license, distribute for compensation or use an image to generate advertising revenue or financial gain.END_STATUTE

START_STATUTE39-175. Deceased minor records; prohibited disclosures; exceptions; violation; classification; civil action; discipline or termination of employees

A. The following records are confidential and may not be disclosed pursuant to this chapter or any other law:

1. An image that depicts a deceased minor.

2. Any law enforcement body-worn camera recording, dash camera recording or other law enforcement video recording that depicts a deceased minor or the location where the minor's death occurred, if known.

3. Any emergency call recording.

4. Any photograph, video recording or digital image of any part of the body of a deceased minor that is created during a death investigation.

B. Notwithstanding subsection A of this section, a record listed in subsection A of this section may be disclosed to the following:

1. The parent or legal guardian of the deceased minor unless the parent or legal guardian is the subject of an investigation involving homicide or child abuse of the deceased minor.

2. The personal representative for the estate of the deceased minor.

3. A law enforcement agency, prosecutor, medical examiner, child welfare agency or other government entity as part of an official investigation or court proceeding.

4. a person who is authorized By an order from A court of competent jurisdiction on a finding of good cause. In determining whether good cause exists, the court shall consider all of the following:

(a) The privacy interests of the deceased minor's surviving family members.

(b) Whether the disclosure is necessary to evaluate the conduct of a public official or agency.

5. A CHILD FATALITY REVIEW TEAM ESTABLISHED PURSUANT TO TITLE 36, CHAPTER 35.

C. In a criminal case involving a deceased minor, the prosecutor shall disclose the records listed in subsection A of this section to the defendant's attorney as provided by law and court rule. The defendant's attorney may share the records with a person who is employed to assist with the defense in the criminal case, but the records may not be further DISSEMINATED without a court order on a finding of good cause.

D. If a record is released pursuant to subsection B or C of this section, the person receiving the record is prohibited from further disseminating the record, except as follows:

1. As authorized pursuant to subsection B or C of this section.

2. The parent or legal guardian of the deceased minor or the personal representative of the deceased minor's estate may disclose a record listed in subsection A of this section.

3. To any person or entity for any purpose that is related to investigating an insurance claim or prosecution or defense of a personal injury or wrongful death claim involving or relating to a deceased minor.

E. this section does not apply to a written incident report, investigative summary or other record that does not contain a visual depiction of the deceased minor or an emergency call recording.

F. A person who knowingly releases a record TO AN UNAUTHORIZED PERSON in violation of this section is guilty of a class 1 misdemeanor.

G. The parent, legal guardian or estate of a deceased minor may bring a civil action against any person who knowingly releases, provides or disseminates a record in violation of this section. in any action under this subsection, The court may award the following:

1. Actual damages.

2. Statutory damages of at least $5,000 and not more than $50,000 for each violation. Each record that is disclosed or distributed in violation of this section is a separate violation.

3. Reasonable attorney fees and costs.

4. Injunctive relief prohibiting further dissemination.

H. A government entity may discipline or terminate an employee who knowingly violates this section. END_STATUTE

START_STATUTE39-176. Death scene images; prohibited monetization; civil penalty; exceptions

A. A person may not monetize or profit from a death scene image that is obtained pursuant to this article.

B. A person who violates this section is subject to a civil penalty of $100,000 for each violation.

C. This section does not apply to a death scene image when the image is either:

1. Used in a criminal prosecution or official investigation.

2. possessed by the parent, legal guardian or estate of the deceased minor.

3. disclosed pursuant to a court on a showing of good cause unless SPECIFICALLY prohibited by the court. END_STATUTE

START_STATUTE39-177. Child abuse records; prohibited disclosure; exceptions; good cause determination

A. child abuse records are confidential and are not subject to disclosure pursuant to this article.

B. Notwithstanding subsection A of this section, a child abuse record may be disclosed to the following:

1. The parent or legal guardian of the minor unless the parent or legal guardian is the subject of the child abuse investigation or a homicide investigation.

2. The minor's legal representative.

3. A law enforcement agency, prosecutor, medical examiner, court or child welfare agency for the purpose of an investigation or court proceeding.

4. a person who is authorized By an order from A court of competent jurisdiction on a finding of good cause. In determining whether good cause exists, the court shall consider all of the following:

(a) The privacy and safety interests of the minor.

(b) Whether the disclosure is necessary to evaluate the conduct of a public official or agency.

5. A child fatality review team established pursuant to title 36, chapter 35.

c. this section does not prohibit either of the following:

1. the disclosure of a written report, an investigative summary or statistical information that does not contain a visual depiction or audio recording of the minor victim.

2. The department of child safety from disclosing child abuse records pursuant to section 8-807.

D. In a criminal case, the prosecutor shall disclose child abuse records to the defendant's attorney as provided for by law and court rule. The defendant's attorney may share the child abuse records with a person who is employed to assist with the defense in the criminal case, but the child abuse records may not be further disseminated without a court order on a finding of good cause.

E. A person who receives a child abuse record pursuant to subsection B of this section may not further disseminate the record. END_STATUTE

START_STATUTE39-178. Death scene images; deceased minor and child abuse records; civil action; enforcement; investigation authority

A. The attorney general, the county attorney in the county where the record originated or the city or town attorney in the city or town where the record originated may bring a civil action to enforce this article. in any action under this article, The court may order all of the following:

1. The immediate removal of the deceased minor record, death scene image or child abuse record from any platform or publication that is subject to the court's jurisdiction.

2. The immediate destruction of any deceased minor record, death scene image or child abuse record that is in the person's POSSESSION.

3. Injunctive relief to prevent any further monetization or distribution of the deceased minor record, DEATH scene image or child abuse record.

B. The attorney general, the county attorney or the city or town attorney who has the authority to file a civil action pursuant to this section has the authority to investigate any alleged violation of this article, including the power to SUBPOENA records or examine a person under oath. END_STATUTE

(ENACTED WITHOUT THE EMERGENCY)

Sec. 5. Emergency

This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.