Senate Engrossed

victims' rights; attorney fees; costs

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SENATE BILL 1326

AN ACT

AMENDING SECTION 13-4437, ARIZONA REVISED STATUTES; RELATING TO CRIME VICTIMS' RIGHTS.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 13-4437, Arizona Revised Statutes, is amended to read:

START_STATUTE13-4437. Standing to invoke rights; recovery of damages; right to counsel

A. The rights enumerated in the victims' bill of rights, article II, section 2.1, Constitution of Arizona, any implementing legislation or court rules belong to the victim.  The victim has standing to seek an order, to bring a special action or to file a notice of appearance in a trial court or an appellate proceeding, seeking to enforce any right or to challenge an order denying any right guaranteed to victims. A victim may not be charged a filing fee to file a special action or to seek an order pursuant to this subsection. In asserting any right, the victim has the right to be represented by personal counsel at the victim's expense and the proceedings may be initiated by the victim's counsel or the prosecutor.

B. A victim has the right to recover damages from a governmental entity responsible for the intentional, knowing or grossly negligent violation of the victim's rights under the victims' bill of rights, article II, section 2.1, Constitution of Arizona, any implementing legislation or court rules.  Nothing in This section alters does not alter or abrogates abrogate any provision for immunity provided for under common law or statute.

C. At the request of the victim, the prosecutor may assert any right to which the victim is entitled.

D. On the filing of a notice of appearance, counsel for the victim shall be endorsed on all pleadings and, if present, be included in all bench conferences and in chambers meetings and sessions with the trial court that directly involve a victim's right enumerated in article II, section 2.1, Constitution of Arizona.

E. Notwithstanding any other law and without limiting any rights and powers of the victim, the victim has the right to present evidence or information and to make an argument to the court, personally or through counsel, at any proceeding to determine the amount of restitution pursuant to section 13-804.

F. The court may order a party who violates or exacerbates a violation of a victim's right that is enumerated in this chapter or article II, section 2.1, Constitution of Arizona, or that is otherwise granted to a victim under arizona law to pay attorney fees and costs to the victim's counsel, including a pro bono attorney or legal aid attorney, for enforcing any victims' right or remedying any violation of the victim's rights. END_STATUTE

Sec. 2. Applicability

This act applies to all cases that are pending or filed on or after the effective date of section 13-4437, Arizona Revised Statutes, as amended by this act.