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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
House: FMAE DP 5-0-1-1 | Third Read 56-0-4-0Senate: JUDE DPA/SE 4-3-0-0 | Third Read 17-12-1-0 |
HB
2406: department of veterans' services; study
NOW: minors; victims' rights; public records
Sponsor: Representative Willoughby, LD 13
Senate Engrossed
The House Engrossed version of HB 2406 requires the Arizona Department of Veterans' Services to conduct a study to evaluate the extent to which veterans in Arizona are aware of programs and services available to them.
The Senate adopted a strike-everything amendment that does the following:
Overview
Prohibits the disclosure of certain deceased minor records and child abuse records, with outlined exceptions.
History
A.R.S. Title 39, Chapter 1 outlines guidelines and requirements regarding public records. This includes public record requests, false instruments and records, lost records, searches and copies and requirements for the use of materials after a successful public records request.
Statute requires the petitioner to establish that the public's interest in disclosure outweighs the witness's or victim's right to privacy in any special action brought for the release of any record created or received by or in the possession of a law enforcement or prosecution agency that relates to a criminal investigation or prosecution and that visually depicts the image of a witness under 18 years of age (A.R.S. § 39-121.04).
Provisions
Deceased Minor Records, Prohibited Disclosures
1. Stipulates that the following records are generally confidential and prohibited from being publicly disclosed:
a. an image that depicts a deceased minor;
b. 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;
c. any emergency call recording; and
d. any photograph, video recording or digital image of any part of the body of a deceased minor that is created during a death investigation. (Sec. 1, 4)
2. Allows the aforementioned records to be disclosed to:
a. the parent or legal guardian of the deceased minor;
b. the personal representative for the estate of the deceased minor;
c. a law enforcement agency, prosecutor, medical examiner, child welfare agency, the court or other government entity for an investigation or criminal case;
d. a child fatality review team;
e. an attorney for the defendant or petitioner in a criminal or postconviction proceeding;
f. the attending physician or nurse practitioner; and
g. a person authorized by a court on a finding of good cause. (Sec. 1, 4)
3. Directs the court, in determining whether the aforementioned good cause exists, in matters relating to deceased minor records, to consider:
a. the privacy interests of the deceased minor's surviving family members;
b. whether disclosure is necessary to evaluate the conduct of a public official or agency; and
c. whether disclosure will cause emotional harm or trauma to the deceased minor's surviving family members. (Sec. 4)
4. Requires a prosecutor, in a criminal case involving a deceased minor, to disclose the aforementioned records to the defendant's attorney, as provided by law and court rule. (Sec. 4)
5. Prohibits the aforementioned attorney and any other person receiving the aforementioned records from further disclosing or disseminating the records except in outlined cases. (Sec. 4)
6. Establishes that persons who knowingly release any of the aforementioned records, except as permitted by this Act, are guilty of a class 1 misdemeanor. (Sec. 4)
7. Stipulates that the aforementioned prohibition does not apply to any written incident report, investigative summary or other record that does not contain a visual depiction of the deceased minor or emergency call recording. (Sec. 4)
8. Allows a parent, legal guardian or estate of a deceased minor to bring a civil action against any person who knowingly releases, provides or disseminates any of the aforementioned records. (Sec. 4)
9. Allows the court to award, as a result of the aforementioned civil action:
a. actual damages;
b. statutory damages of at least $5,000 but not more than $50,000 for each violation, with each record that is disclosed representing a separate violation;
c. reasonable attorney fees and costs; and
d. injunctive relief prohibiting further dissemination. (Sec. 4)
10. Allows a government entity to discipline or terminate an employee who knowingly violates the aforementioned prohibition. (Sec. 4)
Monetization, Profiting from a Death Scene Image
11. Prohibits a person from knowingly monetizing or profiting from a death scene image obtained from a public records request and establishes a civil penalty of $100,000 for each violation. (Sec. 4)
12. Stipulates that the aforementioned prohibition does not apply to a death scene image when the image is either:
a. used in a criminal prosecution or official investigation;
b. possessed by the parent, legal guardian or estate of the deceased minor; or
c. disclosed pursuant to a court order, on a showing of good cause, unless specifically prohibited by the court. (Sec. 4)
Child Abuse Records
13. Classifies child abuse records as generally confidential and not subject to disclosure. (Sec. 4)
14. Allows a child abuse record to be disclosed to any of the following:
a. the parent or legal guardian of the minor, unless the parent or legal guardian is the subject of the child abuse investigation or homicide investigation;
b. the minor's legal representative;
c. a law enforcement agency, prosecutor, medical examiner, court or child welfare agency for the purpose of an investigation or court proceeding;
d. a person who is authorized by an order from a court of competent jurisdiction on a finding of good cause. (Sec. 4)
15. Directs the court, in a matter involving child abuse records, when determining whether the aforementioned good cause exists, to consider:
a. the privacy and safety of the minor;
b. whether the disclosure is necessary to evaluate the conduct of a public official or agency; and
c. a child fatality review team;
d. whether the disclosure will cause psychological harm or trauma to the minor. (Sec. 4)
16. Stipulates that the aforementioned prohibition does not prohibit:
a. 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; or
b. the Department of Child safety from disclosing child abuse records in accordance with statute. (Sec. 4)
17. Prohibits any of the aforementioned persons from further disseminating the record. (Sec. 4)
18. Requires, in a criminal case, the prosecutor to disclose child abuse records to the defendant's attorney as provided for by law and court rule. (Sec. 4)
19. Permits the defendant's attorney to share the child abuse records with a person employed to assist with the defense. (Sec. 4)
Attorney General Enforcement
20. Permits either the Attorney General (AG), the applicable county attorney or the applicable city or town attorney to:
a. investigate any alleged violation of this Act;
b. subpoena records or examine persons under oath pursuant to that investigation; and
c. to bring a civil action to enforce the provisions of this Act. (Sec. 4)
21. Permits a court, once the aforementioned civil action has been brought, to order:
a. 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;
b. the immediate destruction of any deceased minor record, death scene image or child abuse record that is in the person's possession; and
c. injunctive relief to prevent any further monetization or distribution of the deceased minor record, death scene image or child abuse record. (Sec. 4)
Miscellaneous
22. Exempts any photograph, video recording, digital image, body-worn recording or dash camera recording, surveillance recording or other visual depiction that shows the body of a deceased minor or depicts the location of the death of a deceased minor from the statute allowing public access to law enforcement recordings. (Sec. 3)
23. Expands the list of victim's rights to include a minor victim's lawful representative, parent or legal guardian's right to restrict the disclosure of autopsy photographs, video recordings and digital images depicting the body of a deceased minor, unless the disclosure is specifically allowed by law. (Sec. 2)
24. Establishes a new article within Title 39, Chapter 1, pertaining to the records of minor victims. (Sec. 4)
25. Defines pertinent terms. (Sec. 4)
26. Makes conforming changes. (Sec. 2)
27. Makes technical changes. (Sec. 2, 3)
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Initials NM HB 2406
3/31/2026 Page 0 Judiciary
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