Assigned to JUD FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
FACT SHEET FOR S.B. 1352
911 records; minors; parental consent
Purpose
Prohibits an audio recording of a minor's 911 telephone call from being disclosed to the
public unless a parent or guardian of the minor consents to the disclosure.
Background
Permanent public records of the state, a county, city or town or other political subdivision
of the state must be kept in a permanent quality which conforms to standards established by the
Director of the Arizona State Library, Archives and Public Records (A.R.S. § 39-101). Public
records must be open to inspection by any person at all times during office hours (A.R.S.
§ 39-121). All officers and public bodies must maintain all records reasonably necessary or
appropriate to maintain an accurate knowledge of their official activities and of any of their state
funded activities (A.R.S. § 39-121.01). Record includes documentary materials, regardless of
physical form or characteristics, including records made or received by any governmental agency
in pursuance of law (A.R.S. § 41-151).
The Arizona Supreme Court found that all records maintained by officers and public bodies
are presumed open to the public for inspection as public records (Carlson v. Pima County,
141 Ariz. 487 (1984)). According to the Arizona Attorney General's Agency Handbook an
exception to the general presumption of access to public records may be made in the interest of
protecting personal privacy. An exception is warranted when the disclosure would invade privacy
and that invasion outweighs the public's right to inspection. An exception is also warranted if the
information in question is available through alternative means due to Arizona Court of Appeals
precedent (AG).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Prohibits an audio recording of a minor's 911 telephone call from being disclosed to the public
unless a parent or guardian of the minor consents to the disclosure.
2. Becomes effective on the general effective date.
Prepared by Senate Research
February 8, 2022
ZD/HW/sr