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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
victims' rights; opt in process
Purpose
Requires a victim to opt in only once to be able to exercise the victim's rights and receive victim notifications from all applicable state agencies and for all proceedings and events related to the victim's case as prescribed.
Background
Victims of crime in Arizona are granted certain enumerated rights under the Victims' Bill of Rights (VBR) established by the Arizona Constitution, including the right to: 1) be treated with fairness, respect and dignity and to be free from intimidation, harassment or abuse throughout the criminal justice process; 2) be informed, upon request, when the accused or convicted person is released from custody or has escaped; 3) be present and, upon request, informed of all criminal proceedings where the defendant has a right to be present; 4) be heard at any proceeding involving a post-arrest release decision, negotiated plea and sentencing; and 5) be heard at any proceeding at which post-conviction release from confinement is being considered (Ariz. Const. art. 2 § 2.1).
The law enforcement agency responsible for investigating a criminal offense must provide, as soon after the detection of the offense as the victim may be contacted without interfering with the investigation or arrest, electronic forms, pamphlets, information cards or other materials to the victim that: 1) allow the victim to request or waive rights to which the victim is entitled; 2) provide the victim with a method to designate a lawful representative; and 3) provide notice to the victim of information, including the victim's rights under the VBR, availability of crisis intervention and emergency and medical services and the right, on request, to be informed of a suspect's release or initial appearance and the right to be heard at the initial appearance. The rights and duties relating to victim's rights continue to be enforceable until the final disposition of charges, including acquittal or dismissal of the charges, all post-conviction release and relief proceedings and the discharge of all criminal proceedings relating to restitution. If a defendant is ordered to pay restitution to a victim, the rights and duties continue to be enforceable by the court until restitution is paid (A.R.S. §§ 13-4402 and 13-4405).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Specifies that a victim is required to opt in only one time to exercise the victim's rights and receive victim notifications from all applicable state agencies, including political subdivisions.
2. Requires state agencies to develop and implement procedures for sharing victim opt-in information with other applicable state agencies.
3. Allows a victim to opt out of receiving victim notifications at any time.
4. Requires a state agency that receives a victim's request to opt out of notifications to communicate the request to other applicable state agencies.
5. Allows a victim who opts out of exercising the victim's rights and receiving notifications to opt in at a later time by contacting the investigating law enforcement agency or the prosecutor's office.
6. Requires an investigating law enforcement agency or prosecutor's office that receives a victim's request to exercise the victim's rights and to receive victim notifications to forward the victim's information to all other applicable state agencies upon receiving the request to opt in.
7. Instructs the prosecutor's office to forward the victim's contact information to all other applicable state agencies for purposes of postconviction notification without further action by the victim, if the victim has already opted in to exercise the victim's rights and receive notification as outlined.
8. Requires the notice provided by a prosecutor's office to a victim of the victim's right to request not to receive any communication from an inmate who committed a criminal offense against the victim to be made:
a) in writing;
b) in digital form, if requested by the victim; or
c) through the U.S. Postal Service.
9. Requires the prosecutor's office to forward the victim's contact information to the Arizona Department of Corrections, Rehabilitation and Reentry to ensure compliance with prohibiting communication from the inmate to the victim as outlined.
10. Requires the victim to provide and maintain the victim's current contact information with the state agency with whom the victim files the opt in request.
11. Allows the victim to request notice of any subsequent proceedings by contacting the investigating law enforcement agency or prosecutor's office and providing the victim's current telephone number and address.
12. Requires the victims' rights and notification opt in form to be developed or reviewed by the Attorney General.
13. Makes technical and conforming changes.
14. Becomes effective on the general effective date.
Prepared by Senate Research
February 16, 2026
ZD/KS/ci