ARIZONA STATE SENATE
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ZACK DEAN |
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LEGISLATIVE RESEARCH ANALYST JUDICIARY & ELECTIONS COMMITTEE Telephone: (602) 926-3171 |
RESEARCH STAFF
TO: MEMBERS OF THE SENATE
JUDICIARY & ELECTIONS COMMITTEE
DATE: March 23, 2026
SUBJECT: Strike everything amendment to H.B. 2406, relating to 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
1. 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.
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 scene of the death of a deceased minor.
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, medical examiner or other government entity as part of an official investigation or criminal case; and
d) a person who is authorized to by an order from a court of competent jurisdiction on a showing of good cause.
4. 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.
5. Specifies that a prosecutor in a criminal case involving a deceased minor may disclose aforementioned records to the defendant's attorney as provided by law and court rule.
6. Prohibits the defendant's attorney from further disseminating any record without a court order on a finding of good cause.
7. Requires an entity to which such records are released to prohibit the released record from being copied, photographed or further disseminated.
8. 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.
9. Classifies the act of knowingly releasing a record in violation of these requirements as a class 1 misdemeanor, or a class 6 felony if the unlawful release is made by a government official or employee.
10. 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.
11. 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.
12. Allows a government entity to discipline or terminate an employee who knowingly commits a violation.
13. Prohibits a person from knowingly monetizing or profiting from a death scene image that is lawfully obtained.
14. 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.
15. Subjects a person who violates this prohibition to a civil penalty of $100,000 for each violation.
16. Allows the Attorney General the appropriate county attorney, or the appropriate city attorney to enforce this prohibition.
17. Allows a court, in an action for unlawfully manipulated death scene images, 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.
18. States that child abuse records are confidential and not subject to public disclosure.
19. Allows a child abuse record to be disclosed to:
b) the minor's legal representative;
c) a law enforcement agency, prosecutor or child welfare agency for the purpose of an investigation or formal proceeding;
d) the defendant's attorney in a criminal case involving the minor as provided by law and court rule, provided that they are not further disseminated without court order on a finding of good cause; and
e) a person who is authorized by a court of competent jurisdiction on a finding of good cause.
20. 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.
21. Stipulates that the prohibition against the release of a child abuse record does not affect 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.
22. Modifies statute governing the powers and duties of county medical examiners to stipulate that autopsy photographs, video recording and digital images depicting the body of a deceased minor who is a victim are confidential and not subject to public disclosure, unless the person requesting the disclosure is:
a) the parent or legal guardian of the minor;
b) the minor's personal representative for the estate of the deceased minor;
c) a law enforcement agency, prosecutor or court for the purpose of an investigation or criminal proceeding; and
d) a person who is authorized by a court of competent jurisdiction on a finding of good cause.
23. 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.
24. 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 call transcript 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.
25. 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 scene of the death of a deceased minor.
26. Defines deceased minor, emergency call recording and monetize.
27. Makes technical and conforming changes.
28. Becomes effective on signature of the Governor, if the emergency clause is enacted.