ARIZONA STATE SENATE
RESEARCH STAFF
TO: MEMBERS OF THE SENATE
JUDICIARY COMMITTEE
DATE: February 13, 2024
SUBJECT: Strike everything amendment to S.B. 1090, relating to public records; victims rights
Purpose
Allows a law enforcement agency or prosecuting agency that creates or receives a public
record to withhold the disclosure of a record that contains the name of a person who is involved in
an accident that either causes the death of, or serious physical injury to, the person unless a court
of competent jurisdiction orders the disclosure.
Background
In a special action brought for the release of any record created or received by or in the
possession of a law enforcement or prosecution agency that relates to a criminal investigation or
prosecution and that visually depicts the image of a witness under eighteen years of age, or a victim
as otherwise outlined, the petitioner shall establish that the public's interest in disclosure outweighs
the witness's or victim's right to privacy. A victim whose image is depicted in a record as described
has the right to be present at and to be heard in any action brought for the release of records as
described (A.R.S. ยง 39-121.04).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Allows a law enforcement agency or prosecuting agency that creates or receives a public record
to withhold, for at least 24 hours after the accident, the disclosure of a record that contains the
name of a person who is involved in an accident that either causes the death of, or serious
physical injury to, the person unless a court of competent jurisdiction orders the disclosure.
2. Exempts any records that are transmitted between law enforcement agencies, prosecuting
agencies, courts and clerks of the court.
3. Exempts any provision of law that governs the discovery process or the conduct of trials.
4. Adds the right of the person whose name is included in the record to be present at and to be
heard in any action brought for the release of the record.
5. Designates this act as "Brett's Law"
6. Becomes effective on the general effective date.
KAYTLIN KING
LEGISLATIVE RESEARCH INTERN
ZACK DEAN
LEGISLATIVE RESEARCH ANALYST
JUDICIARY COMMITTEE
Telephone: (602) 926-3171