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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
AMENDED
victims' rights; attorney fees; costs
Purpose
Allows a court to order any party who intentionally, knowingly or with gross negligence violates a victim's rights to pay the victim reasonable 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 intentionally, knowingly or with gross negligence violates a victim's rights to pay the victim reasonable attorney fees and costs to the victim's counsel, including pro bono attorneys or legal aid attorneys, for 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.
Amendments Adopted by the House of Representatives
1. Specifies that a violation of a victim's rights must be done intentionally, knowingly or with gross negligence in order for the court to order the payment of attorney fees and costs to the victim the remedy the violation.
2. Specifies that the ability of the court to order such payment only applies when a party violates a victim's right, and not when a party exacerbates a violation.
3. Specifies that the ability of the court to order payment for a violation of victim's rights applies to juvenile offenses.
Senate Action House Action
JUDE 2/4/26 DP 4-3-0 JUD 3/18/26 DP 5-3-0-1
3rd Read 2/25/26 16-12-2 3rd Read 6/11/26 37-20-3
Prepared by Senate Research
June 11, 2026
ZD/MY/ci