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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
Senate: JUDE DP 4-3-0-0| Third Read 16-12-2-0-0 |
SB 1326: victims' rights; attorney fees; costs
Sponsor: Senator Bolick, LD 2
Committee on Judiciary
Overview
Expands recoverable expenses for victims who have had their victim rights violated or exacerbated to include attorney fees and other incurred costs from remedying the violation.
History
The Arizona Constitution enumerates a list of rights that are enjoyed by victims of crimes to preserve and protect victims' rights to justice and due process. Examples of these include the right: 1) to be treated with fairness, respect and dignity; 2) to be informed when the accused or convicted person is released from custody or has escaped; 3) to be heard at any proceeding when a post-conviction release is being considered; and 4) to a speedy trial or disposition and prompt and final conclusion of the case after the conviction and sentence (Article II Section 2.1 Const. of Ariz).
A victim also has the right to recover damages from a governmental entity responsible for the intentional, knowing or grossly negligent violation of the victim's rights under the Arizona Constitution or any other legislation or court rules (A.R.S. § 13-4437).
Provisions
1. Allows the court to order a party who violates or exacerbates a victim's rights to pay attorney fees and costs incurred from enforcing or remedying any violation of the victim's rights. (Sec. 1)
2. Contains an applicability clause mandating that this Act applies to all cases that are pending or filed on or after the general effective date of this Act. (Sec. 2)
3. Makes technical changes. (Sec. 1)
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Initials NM/NP SB 1326
3/12/2026 Page 0 Judiciary
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