39-123.01. Personal identifying information of crime witnesses; redaction of crime witness's name; exceptions; confidentiality; definitions

332 words·~2 min read·/az/title-39/39-123-01

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

A. The personal identifying information of a witness to a crime contained in a record that is created or received by a law enforcement or prosecution agency and that is related to a criminal investigation or prosecution may not be disclosed by a public body pursuant to this article unless any of the following applies:

1. The witness consents in writing to the disclosure.

2. A court of competent jurisdiction orders the disclosure.

3. The witness's address is the location where the crime occurred.

B. The name of a witness to a crime contained in a record that is created or received by a law enforcement agency or prosecution agency and that is related to a criminal investigation or prosecution may be redacted in a public record by the public body if the witness requests anonymity and a law enforcement agency or prosecution agency reasonably expects that releasing the witness's name will result in harassment of the witness, threats to the witness's safety or witness tampering.

C. Notwithstanding subsection B of this section, a public body may disclose the name of a witness to a crime in a public record if any of the following applies:

1. The witness consents in writing to the disclosure.

2. A court of competent jurisdiction orders the disclosure or a rule of procedure requires the release of a record to a party.

3. The public body has received a notice of final disposition in the criminal case.

D. This section does not affect any records that are transmitted between law enforcement and prosecution agencies, a court or a clerk of the court or any provision of law that governs the discovery process or the conduct of trials.

E. For the purposes of this section:

1. "Final disposition" has the same meaning prescribed in section 13-4401.

2. "Personal identifying information" includes a witness's date of birth, social security number, personal telephone number, home address, personal email address and official state or government-issued driver license or identification number.