HB 2709
Initials LC/DG Page 1 Judiciary
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-fifth Legislature
Second Regular Session
HB2709: victim's right to privacy; exception
Sponsor: Representative Blackman, LD 6
Committee on Judiciary
Overview
Expands exceptions to a victim's right to privacy. Outlines procedure for the disclosure of a victim's
identifying information.
History
The victims has a right not to testify when identifying information is involved in a court proceeding.
Exceptions to a victim's right to privacy occur following a victim's consent or a court disclosure
order. A victim's identifying information must be redacted from records about the criminal case
involving the victim (A.R.S. § 13-4434).
The redaction of a victim's identifying information from records does not apply to:
1) The victim's name unless the victim is a minor in which the victim's name may be redacted
from public records;
2) Any transmitted records between law enforcement and the court;
3) Records the victim's representative has consented to be released; and
4) The general location the reported crime occurred (A.R.S. § 13-4434).
Identifying information includes a victim's date of birth, social security number and official
government identification number.
Locating information includes the victim's address, telephone number, email address and place
of employment (A.R.S. § 13-4434).
Provisions
1. Specifies the victim's address may not be redacted from records if:
a) The victim's address appears in any visual or audio depictions; and
b) There is evidence that the defendant knows the victim's address because of a domestic
relationship. (Sec. 1)
2. Allows the court to order the disclosure of a victim's identifying information in specific cases.
(Sec. 1)
3. Outlines procedure before the information disclosure:
a) The victim must be notified; and
b) The victim has the right to be heard by the court. (Sec. 1)
4. Prohibits the defendant's attorney from:
a) Disclosing the information to any individual other than the attorney's staff; and
b) Providing the disclosed information to the defendant without court authorization. (Sec. 1)
5. Makes a technical and conforming change. (Sec. 1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note