13-4434. Victim's right to privacy; redaction of victim's name; exceptions; definitions

652 words·~3 min read·/az/title-13/13-4434

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. The victim has the right at any court proceeding not to testify regarding any identifying or locating information unless the victim consents or the court orders disclosure on finding that a compelling need for the information exists. A court proceeding on the motion shall be in camera.

B. A victim's identifying and locating information that is obtained, compiled or reported by a law enforcement agency or prosecution agency shall be redacted by the originating agency and prosecution agencies from records pertaining to the criminal case involving the victim, including discovery disclosed to the defendant, the defendant's attorney or any of the attorney's staff.

C. Subsection B of this section does not apply to:

1. The victim's name except, if the victim is a minor, the victim's name may be redacted from public records pertaining to the crime if the countervailing interests of confidentiality, privacy, the rights of the minor or the best interests of this state outweigh the public interest in disclosure.

2. Any records that are transmitted between law enforcement and prosecution agencies or a court.

3. Any records if the victim or, if the victim is a minor, the victim's representative as designated under section 13-4403 has consented to the release of the information.

4. The general location at which the reported crime occurred.

5. The victim's address, if the victim's address appears in any body-worn camera footage, photographs or other visual or audio depictions and there is evidence that the defendant knows the victim's address because of a relationship set forth in section 13-3601, subsection A.

D. Notwithstanding subsections A and B of this section, a court may order the victim's identifying and locating information to be disclosed in a specific case if it is necessary to protect the defendant's constitutional rights or when the information is not reasonably able to be redacted because of undue burden or expense. Before the court discloses the information, the victim must be notified and has the right to be heard by the court. If the disclosure is made to the defendant's attorney, the defendant's attorney may not disclose the information to any person other than the attorney's staff and a designated investigator.

The defendant's attorney may not provide the disclosed information to the defendant without specific authorization from the court.

E. On the request of a victim, the victim's name that is obtained, compiled or reported by a law enforcement agency or prosecution agency may be redacted by the originating agency and prosecution agencies from records that pertain to the criminal case involving the victim and that are released pursuant to a public records request if the agency reasonably expects that the release of the victim's name will result in harassment of the victim, threats to the victim's safety or witness tampering.

F. Subsection E of this section does not apply to any of the following:

1. Any record that is transmitted between law enforcement agencies and prosecution agencies or a court or that is disclosed to the defendant, the defendant's attorney or any of the attorney's staff.

2. Any record regarding a victim who is deceased.

3. Any record if the victim or, if the victim is a minor or vulnerable adult as defined in section 13-3623, the victim's representative as designated under section 8-384 or 13-4403, has consented to the release of the information.

4. Any record that a court of competent jurisdiction has ordered to be disclosed or a rule of procedure requires the release of a record to a party.

5. Any record if the law enforcement agency or prosecution agency has received a notice of final disposition in the criminal case.

G. For the purposes of this section:

1. "Identifying information" includes a victim's date of birth, social security number and official state or government issued driver license or identification number.

2. "Locating information" includes the victim's address, telephone number, email address and place of employment.