PREFILED    DEC 29 2025

REFERENCE TITLE: public records; review standard

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SB 1078

Introduced by

Senator Kavanagh

AN ACT

amending section 39-121.02, Arizona Revised Statutes; relating to public records.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section 1. Section 39-121.02, Arizona Revised Statutes, is amended to read:

START_STATUTE39-121.02. Action on denial of access; costs and attorney fees; damages; de novo review

A. Any person who has requested to examine or copy public records pursuant to this article and who has been denied access to or the right to copy such records may appeal the denial through a special action in the superior court pursuant to the rules of procedure for special actions against the officer or public body.  If a victim the person is a victim who is denied access to a public record pursuant to this article in the course of a criminal case in superior court, the victim may appeal the denial through a special action within the criminal case.

B. The court may award attorney fees and other legal costs that are reasonably incurred in any action under this article if the person seeking public records has substantially prevailed.  This subsection does not limit the rights of any party to recover attorney fees, expenses and double damages pursuant to section 12-349.

C. Any person who is wrongfully denied access to public records pursuant to this article has a cause of action against the officer or public body for any damages resulting from the denial.

D. The standard of review for a question of law that arises under this chapter, including whether any exception to disclosure applies, is de novo. END_STATUTE