8-413. Victim's right to privacy; redaction of victim's name; exceptions; definitions

493 words·~2 min read·/az/title-8/8-413

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.

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 agencies 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 8-384 or 13-4403 has consented to the release of the information.

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

D. 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.

E. Subsection D 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.

F. For the purposes of this section:

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

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

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