39-127. Free copies of police reports, audio recordings, video recordings and transcripts for crime victims; definitions

521 words·~2 min read·/az/title-39/39-127

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

A. A victim of a criminal offense that is a part I crime under the statewide uniform crime reporting program, the victim's attorney on behalf of the victim or an immediate family member of the victim if the victim is killed or incapacitated has the right to receive one copy of the police report, audio recordings and video recordings from the investigating law enforcement agency or charging prosecutorial agency at no charge and, on request of the victim, the court or the clerk of the court shall provide, at no charge, the minute entry or portion of the record of any proceeding in the case that arises out of the offense committed against the victim and that is reasonably necessary to pursue a claimed victim's right.

For the purposes of this subsection, "criminal offense", "immediate family" and "victim" have the same meanings prescribed in section 13-4401.

B. A victim of a delinquent act that is a part I crime under the statewide uniform crime reporting program, the victim's attorney on behalf of the victim or an immediate family member of the victim if the victim is killed or incapacitated has the right to receive one copy of the police report, audio recordings and video recordings from the investigating law enforcement agency or charging prosecutorial agency at no charge and, on request of the victim, the court or the clerk of the court shall provide, at no charge, the minute entry or portion of the record of any proceeding in the case that arises out of the offense committed against the victim and that is reasonably necessary to pursue a claimed victim's right.

For the purposes of this subsection, "delinquent act", "immediate family" and "victim" have the same meanings prescribed in section 8-382.

C. Notwithstanding subsection A or B of this section, if a police report involves a domestic violence offense or a sexual offense, the victim or the victim's attorney on behalf of the victim has the right to receive one copy of the police report, audio recordings and video recordings from the investigating law enforcement agency or charging prosecutorial agency at no charge and, on request of the victim, the court or the clerk of the court shall provide, at no charge, the minute entry or portion of the record of any proceeding in the case that arises out of the offense committed against the victim and that is reasonably necessary to pursue a claimed victim's right.

D. A law enforcement agency shall prioritize the processing and providing of each police report that is requested pursuant to this section.

E. For the purposes of this section:

1. "Attorney" means any person who is a member in good standing of the bar of the highest court of any state, possession, territory, commonwealth or district of the United States and who is not under any order of any court suspending, enjoining, restraining, disbarring or otherwise restricting the person in the practice of law.

2. "Domestic violence offense" means an offense involving domestic violence as defined in section 13-3601.

3. "Sexual offense" means an offense included in title 13, chapter 14 or 35.1.