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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
victims' rights; attorney fees; costs
Purpose
Allows a court to order any party who violates or exacerbates a violation of a victim's rights to pay the victim's attorney fees and costs incurred for enforcing those rights or remedying the violation. Applies the outlined authority to all cases pending or filed after the general effective date.
Background
Arizona's Victims' Bill of Rights entitles a person who is the victim of a crime to fairness, dignity, and respect within the criminal justice system and to protection from intimidation or abuse. It guarantees that such a person has the right to be informed of and participate in key stages of the crime process, to be heard before decisions affecting the accused's liberty or sentencing and to receive restitution and timely resolution of the case (Ariz. Const. art. 2 § 2.1).
A victim has standing to seek an order, file a special action, and appear
in trial or appellate proceedings to enforce any enumerated victims' rights or
to challenge the denial of those rights without being charged filing fees.
While asserting any right, the victim has the right to be represented by
personal counsel at the victim's own expense, and a prosecutor may assert the
victim's rights at the victim's request. Counsel for the victim must be
endorsed on all pleadings and included in all bench conferences, chamber
meetings and sessions with the trial court that directly involve the victim's
rights. A victim may recover damages from a governmental entity for
intentional, knowing or grossly negligent violations of the victims' rights,
subject to existing immunity laws, and may present evidence and argument in
restitution proceedings (A.R.S.
§ 13-4437).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows a court to order any party who violates or exacerbates a violation of a victim's rights to pay the victim's attorney fees and costs incurred in enforcing the victim's rights or remedying the violation.
2. Specifies that the authority of the court to order the payment of a victim's attorney fees and costs applies to all cases that are pending or filed after the general effective date.
3. Makes technical changes.
4. Becomes effective on the general effective date.
Prepared by Senate Research
February 2, 2026
ZD/MY/ci