Arizona 2023 Regular Session

Arizona House Bill HB2787 Compare Versions

Only one version of the bill is available at this time.

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1	1	REFERENCE TITLE: sexual assault survivor; rights State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023 HB 2787 Introduced by Representatives Gutierrez: De Los Santos, Mathis, Pawlik, Sandoval, Schwiebert, Terech An Act amending title 13, chapter 40, Arizona Revised Statutes, by adding section 13-4444; relating to victims' rights. (TEXT OF BILL BEGINS ON NEXT PAGE)
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9	9	REFERENCE TITLE: sexual assault survivor; rights
10	10	State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023
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12	12	Introduced by Representatives Gutierrez: De Los Santos, Mathis, Pawlik, Sandoval, Schwiebert, Terech
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14	14	REFERENCE TITLE: sexual assault survivor; rights
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40	40	HB 2787
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44	44	Introduced by
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46	46	Representatives Gutierrez: De Los Santos, Mathis, Pawlik, Sandoval, Schwiebert, Terech
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64	64	An Act
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68	68	amending title 13, chapter 40, Arizona Revised Statutes, by adding section 13-4444; relating to victims' rights.
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74	74	(TEXT OF BILL BEGINS ON NEXT PAGE)
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78	78	Be it enacted by the Legislature of the State of Arizona: Section 1. Title 13, chapter 40, Arizona Revised Statutes, is amended by adding section 13-4444, to read: START_STATUTE13-4444. Survivor of sexual assault rights A. In addition to the rights enumerated in the victims' bill of rights, article II, section 2.1, Constitution of Arizona, the victim of a sexual assault has the following rights: 1. The right to: (a) Be informed of any result of a sexual assault evidence collection kit, including a DNA profile match, toxicology report or other information collected as part of a medical forensic examination, if the disclosure would not impede or compromise an ongoing investigation. (b) Have a sexual assault evidence collection kit or its probative contents preserved, without charge, for the duration of fifty-five years or the applicable retention period required by section 13-4221, whichever is shorter. (c) Be informed in writing of policies that govern the collection and preservation of a sexual assault evidence collection kit, including how to request that a kit be tested in the future if the person declined to submit a report at an earlier date. (d) Be informed about the right to apply for victim compensation. (e) Designate a person to receive any of the information required or requested pursuant to this section. (f) Be provided with the contact information for the designated law enforcement liaison at the time the sexual assault evidence collection kit is collected. 2. On written request, the right to: (a) Receive written notification from the appropriate official with custody of the sexual assault evidence collection kit or its probative contents not later than sixty days before the intended destruction or disposal of any contents. (b) Be granted further preservation of the sexual assault evidence collection kit or its probative evidence. B. The victim of a sexual assault must be informed of the rights provided by this section. END_STATUTE
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80	80	Be it enacted by the Legislature of the State of Arizona:
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82	82	Section 1. Title 13, chapter 40, Arizona Revised Statutes, is amended by adding section 13-4444, to read:
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84	84	START_STATUTE13-4444. Survivor of sexual assault rights
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86	86	A. In addition to the rights enumerated in the victims' bill of rights, article II, section 2.1, Constitution of Arizona, the victim of a sexual assault has the following rights:
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88	88	1. The right to:
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90	90	(a) Be informed of any result of a sexual assault evidence collection kit, including a DNA profile match, toxicology report or other information collected as part of a medical forensic examination, if the disclosure would not impede or compromise an ongoing investigation.
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92	92	(b) Have a sexual assault evidence collection kit or its probative contents preserved, without charge, for the duration of fifty-five years or the applicable retention period required by section 13-4221, whichever is shorter.
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94	94	(c) Be informed in writing of policies that govern the collection and preservation of a sexual assault evidence collection kit, including how to request that a kit be tested in the future if the person declined to submit a report at an earlier date.
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96	96	(d) Be informed about the right to apply for victim compensation.
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98	98	(e) Designate a person to receive any of the information required or requested pursuant to this section.
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100	100	(f) Be provided with the contact information for the designated law enforcement liaison at the time the sexual assault evidence collection kit is collected.
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102	102	2. On written request, the right to:
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104	104	(a) Receive written notification from the appropriate official with custody of the sexual assault evidence collection kit or its probative contents not later than sixty days before the intended destruction or disposal of any contents.
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106	106	(b) Be granted further preservation of the sexual assault evidence collection kit or its probative evidence.
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108	108	B. The victim of a sexual assault must be informed of the rights provided by this section. END_STATUTE