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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
AMENDED
department
of veterans' services; study
(NOW: minors; victims' rights; public records)
Purpose
An emergency measure that establishes that images and recordings that depict a deceased minor or child abuse are not subject to public records disclosure, with outlined exceptions.
Background
All officers and public bodies must maintain all records reasonably necessary or appropriate to maintain an accurate knowledge of the officer's or body's activities and of any activities that are supported by state monies. Each public body is responsible for the preservation, maintenance, care and protection of the body's public records. Any person may request to examine or be furnished public records during regular office hours or through a mailed copy. A person may request an index of records that have been withheld and the reasons for the withholding. A custodian may not include information in the index that is expressly made privileged or confidential by law or court order (A.R.S. § 39-121.01).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
Public Disclosure Restrictions
1. Establishes that, notwithstanding public records law, photographs, digital images, x-rays and video recordings of human remains of a minor that are created by a medical examiner or their employees during a death investigation may only be released 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, prosecution agency, child welfare agency or the court for the purpose of an investigation or court proceeding;
d) a child fatality review team;
e) an attorney for the defendant or petitioner in a criminal or postconviction proceeding for the purpose of assisting the attorney in that proceeding;
f) the attending physician or nurse practitioner; and
g) a person authorized by the court on a finding of good cause.
2. Stipulates that public access to law enforcement recordings in special actions does not apply to any photographs, video recordings, digital images, law enforcement body-worn camera recordings or dash camera recordings, surveillance recordings or other visual depictions that show the body of a deceased minor or depict the location where the death occurred, if known.
3. Allow any of 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, child welfare agency, medical examiner or other government entity as part of an official investigation or court proceeding;
d) a person who is authorized to by an order from a court of competent jurisdiction on a showing of good cause;
e) a child fatality review team; and
f) an attorney for the defendant or petitioner in a criminal or postconviction proceeding for the purpose of assisting the attorney's representation in that proceeding.
4. Modifies statute enumerating victim's rights to include the right to keep autopsy photographs, video recordings and digital images depicting the body of a deceased minor as confidential.
Deceased Minor Records
5. Stipulates that the following public records are confidential and are not subject to public disclosure:
a) an image that depicts a deceased minor;
b) any law enforcement body-worn camera recording, dash camera recording or other law enforcement video that depicts a deceased minor or the scene 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.
6. Allows any of the aforementioned records regarding deceased minors to be disclosed to:
a) the parent or legal guardian of the deceased minor unless the parent or legal guardian is the subject of an investigation involving homicide or child abuse 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 or other government entity as part of an official investigation or court proceeding; and
d) a person who is authorized by an order from a court of competent jurisdiction on a finding of good cause.
7. Requires the court, when determining whether good cause exists, to consider:
a) the privacy interests of the deceased minor's surviving family members;
b) whether the disclosure is necessary to evaluate the conduct of a public official or agency; and
c) whether the disclosure will cause emotional harm or trauma to the deceased minor's surviving family members.
8. Requires a prosecutor in a criminal case involving a deceased minor to disclose aforementioned records to the defendant's attorney as provided by law and court rule.
9. Allows the defendant's attorney to share the records with a person who is employed to assist with the defense in the criminal case, except that records may not be further disseminated without a court order on a finding of good cause.
10. Requires an entity to which such records are released to prohibit the released record from being copied, photographed or further disseminated, except that records may be further disseminated:
a) by a parent or legal guardian of the deceased minor or the personal representative of the deceased minor's estate may disclose released records;
b) to any person or entity for any purpose related to investigating an insurance claim or prosecution or defense of a personal injury or wrongful death claim involving or relating to a deceased minor; and
c) as otherwise authorized.
11. Exempts written incident reports, investigative summaries or other records that do not contain a visual depiction of a deceased minor or an emergency call recording from these requirements.
12. Classifies the act of knowingly releasing a record to an unauthorized person in violation of these requirements as a class 1 misdemeanor.
13. 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 a record unlawfully.
14. Allows the court, in such an action, to award:
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 or distributed constituting a separate violation;
c) reasonable attorney fees and costs; and
d) injunctive relief prohibiting further dissemination.
15. Allows a government entity to discipline or terminate an employee who knowingly commits a violation.
Death Scene Images
16. Prohibits a person from knowingly monetizing or profiting from a death scene image that is lawfully obtained.
17. Stipulates that this prohibition against monetization does not apply to records that are:
a) used in a criminal prosecution or official investigation;
b) possessed by a 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.
18. Subjects a person who violates this prohibition to a civil penalty of $100,000 for each violation.
Child Abuse Records
19. States that child abuse records are confidential and not subject to public disclosure.
20. Allows a child abuse record to be disclosed to:
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 formal proceeding;
d) a child fatality review team; and
e) a person who is authorized by a court of competent jurisdiction on a finding of good cause.
21. Requires the court, when determining whether good cause exists, to consider:
a) the privacy and safety interests of the minor;
b) whether the disclosure is necessary to evaluate the conduct of a public official or agency; and
c) whether the disclosure will cause psychological harm or trauma to the minor.
22. Requires a prosecutor in a criminal case involving a deceased minor to disclose aforementioned records to the defendant's attorney as provided by law and court rule.
23. Allows the defendant's attorney to share the records with a person who is employed to assist with the defense in the criminal case, except that records may not be further disseminated without a court order on a finding of good cause.
24. Stipulates that the prohibition against the release of a child abuse record does not affect:
a) the disclosure of a written report, an investigative summary or statistical information that does not contain a visual depiction or audio recording or transcript of the minor victim; and
b) the ability of the Department of Child Safety to disclose records relating to child abuse pursuant to a permissible records request.
Enforcement
25. Allows the Attorney General the appropriate county attorney, or the appropriate city attorney to enforce these restrictions.
26. Allows a court, in an action for unlawfully manipulated death scene images or unlawfully disclosed deceased minor records or child abuse records, to order:
a) the immediate removal of the death scene image from any platform pr publication that is subject to the court's jurisdiction;
b) the immediate destruction of any death scene images that are in the person's possession; and
c) injunctive relief to prevent the further manipulation, monetization, or distribution of the death scene image.
27. States that the applicable entity bringing the action has the authority to investigate any alleged violation of these restrictions, including the power to subpoena records or examine a person under oath.
Miscellaneous
28. Defines child abuse record as any photograph, video recording, digital image, law enforcement body-worn camera recording or dash camera recording, surveillance recording, audio recording, 911 emergency service telephone call or other visual or audio depiction that shows or describes a minor who is the victim of child abuse, or that is created during a criminal investigation for alleged child abuse.
29. Defines death scene image as any photograph, video recording, digital image, law enforcement body-worn camera recording or dash camera recording, surveillance recording or other visual depiction that shows the body of a deceased minor or depicts the location where the death occurred, if known.
30. Defines child welfare agency, deceased minor, emergency call recording and monetize.
31. Makes technical and conforming changes.
32. Becomes effective on signature of the Governor, if the emergency clause is enacted.
Amendments Adopted by Committee
· Adopted the strike-everything amendment.
Amendments Adopted by Committee of the Whole
1. Allows records relating to a deceased minor to be disclosed to child welfare agencies and child fatality review teams.
2. Allows records relating to child abuse to be disclosed to a medical examiner and the court and allows the Department of Child Safety to disclose such records in accordance with statutorily outlined permissions.
3. Removes call transcripts from the list of items that are considered to be child abuse records.
4. Requires, rather than allows, a prosecutor to disclose records relating to a deceased minor to the defendant's attorney.
5. Allows the defendant's attorney to share records with a person who is employed to assist with the defense in the criminal case, except that records may not be further disseminated without a court order.
6. Allows a county medical examiner to disclose specified records to a defense attorney or a petitioner in a criminal proceeding or postconviction proceeding for the purpose of assisting with the attorney's representation.
7. Allows the parent or legal guardian of the deceased minor or the personal representative of the deceased minor's estate to disclose records relating to the deceased minor.
8. Allows such records to be disseminated to any person or entity for any purpose related to investigating an insurance claim, or the prosecution or defense of a personal injury or wrongful death claim relating to the deceased minor.
9. Specifies that restrictions on the release of death scene images that depict the location of a minor's death only apply if the location of the minor's death is actually known.
10. Removes the class 6 felony designation for the unlawful disclosure of specified images by a government employee.
11. Makes technical and conforming changes.
Amendments Adopted by Additional Committee of the Whole
1. Limits the persons that may receive a medical examiner's records relating to human remains of a minor.
2. Adds child fatality review teams to the list of entities that may receive child abuse records.
3. Makes clarifying changes.
Senate Action
MABS 3/18/26 W/D
RAGE 3/23/26 W/D
JUDE 3/25/26 DPA/SE 4-3-0
Prepared by Senate Research
June 10, 2026
ZD/ci