The Arizona Revised Statutes have been updated to include the revised sections from the 57th Legislature, 2nd Regular Session. Please note that the next update of this compilation will not take place until after the conclusion of the 58th Legislature, 1st Regular Session, which convenes in January 2027.
This online version of the Arizona Revised Statutes is primarily maintained for legislative drafting purposes and reflects the version of law that is effective on January 1st of the year following the most recent legislative session. The official version of the Arizona Revised Statutes is published by Thomson Reuters.
11-597.02. Autopsy photographs, digital images, x-rays and video recordings; in camera review; exceptions; procedures; immunity
A. Notwithstanding title 39, chapter 1, photographs, digital images, x-rays and video recordings of human remains that are created by a medical examiner, alternate medical examiner or their employees or agents during a death investigation that is conducted pursuant to this chapter may not be disclosed by a medical examiner, alternate medical examiner or their employees or agents unless a judge of the superior court grants disclosure of all or part of the materials after reviewing the materials in camera. The judge of the superior court shall balance the interests under the public records laws of this state to determine whether to order disclosure of all or part of the materials. A person that seeks disclosure of the materials described in this section may file a petition in the superior court of the county in which the death investigation occurred for an in camera review of the materials.
B. Notwithstanding the provisions of subsection A of this section, the following persons may examine and obtain the materials described in subsection A of this section:
1. The county attorney, attorney general or other law enforcement agency having jurisdiction, as necessary for the performance of their duties.
2. The surviving spouse, child, parent, legal guardian, grandparent, grandchild or sibling of the decedent or their legal representative or designated agent.
3. A personal representative of the decedent's estate or a person designated by the decedent before death.
4. Federal, state or local governmental authorities, including public health officers, as necessary for the performance of their duties.
5. The attending physician or nurse practitioner.
6. A medical or scientific body or university or other educational institution for educational or research purposes, provided that the materials used do not reveal the decedent's identity.
7. An attorney for a defendant or petitioner in any criminal or postconviction proceeding for purposes of assisting representation in that proceeding.
C. Notwithstanding subsections A and B of this section, photographs, digital images, x-rays and video recordings of human remains of a minor that are created by a medical examiner, alternate medical examiner or their employees or agents during a death investigation may be examined by or released to only the following:
1. The parent or legal guardian of the deceased minor.
2. The personal representative for the estate of the deceased minor.
3. A law enforcement agency, prosecution agency, child welfare agency as defined in section 8-501 or court for the purpose of an investigation or court proceeding.
4. A child fatality review team established pursuant to title 36, chapter 35.
5. 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.
6. The attending physician or nurse practitioner.
7. A person who is authorized by a court on a finding of good cause.
D. This section does not affect the conduct of trials or the discovery process as provided by law or court rule.
E. The medical examiner or alternate medical examiner may prescribe procedures for the issuance of materials pursuant to subsections B and C of this section, including reproduction fees.
F. A cause of action may not arise against the county medical examiner, alternate medical examiner or their employees or agents, or the county for lawfully disclosing a death investigation photograph, digital image, x-ray or video recording pursuant to this section.