| 1 | 1 | | REFERENCE TITLE: victims; witnesses; names; disclosure requirements State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025 HB 2321 Introduced by Representative Weninger AN ACT amending sections 8-413, 13-4434 and 39-123.01, Arizona Revised Statutes; relating to public records. (TEXT OF BILL BEGINS ON NEXT PAGE) |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | |
|---|
| 8 | 8 | | |
|---|
| 9 | 9 | | REFERENCE TITLE: victims; witnesses; names; disclosure requirements |
|---|
| 10 | 10 | | State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025 |
|---|
| 11 | 11 | | HB 2321 |
|---|
| 12 | 12 | | Introduced by Representative Weninger |
|---|
| 13 | 13 | | |
|---|
| 14 | 14 | | REFERENCE TITLE: victims; witnesses; names; disclosure requirements |
|---|
| 15 | 15 | | |
|---|
| 16 | 16 | | |
|---|
| 17 | 17 | | |
|---|
| 18 | 18 | | |
|---|
| 19 | 19 | | |
|---|
| 20 | 20 | | |
|---|
| 21 | 21 | | |
|---|
| 22 | 22 | | |
|---|
| 23 | 23 | | |
|---|
| 24 | 24 | | State of Arizona |
|---|
| 25 | 25 | | |
|---|
| 26 | 26 | | House of Representatives |
|---|
| 27 | 27 | | |
|---|
| 28 | 28 | | Fifty-seventh Legislature |
|---|
| 29 | 29 | | |
|---|
| 30 | 30 | | First Regular Session |
|---|
| 31 | 31 | | |
|---|
| 32 | 32 | | 2025 |
|---|
| 33 | 33 | | |
|---|
| 34 | 34 | | |
|---|
| 35 | 35 | | |
|---|
| 36 | 36 | | |
|---|
| 37 | 37 | | |
|---|
| 38 | 38 | | |
|---|
| 39 | 39 | | |
|---|
| 40 | 40 | | HB 2321 |
|---|
| 41 | 41 | | |
|---|
| 42 | 42 | | |
|---|
| 43 | 43 | | |
|---|
| 44 | 44 | | Introduced by |
|---|
| 45 | 45 | | |
|---|
| 46 | 46 | | Representative Weninger |
|---|
| 47 | 47 | | |
|---|
| 48 | 48 | | |
|---|
| 49 | 49 | | |
|---|
| 50 | 50 | | |
|---|
| 51 | 51 | | |
|---|
| 52 | 52 | | |
|---|
| 53 | 53 | | |
|---|
| 54 | 54 | | |
|---|
| 55 | 55 | | |
|---|
| 56 | 56 | | |
|---|
| 57 | 57 | | |
|---|
| 58 | 58 | | |
|---|
| 59 | 59 | | |
|---|
| 60 | 60 | | |
|---|
| 61 | 61 | | |
|---|
| 62 | 62 | | |
|---|
| 63 | 63 | | |
|---|
| 64 | 64 | | AN ACT |
|---|
| 65 | 65 | | |
|---|
| 66 | 66 | | |
|---|
| 67 | 67 | | |
|---|
| 68 | 68 | | amending sections 8-413, 13-4434 and 39-123.01, Arizona Revised Statutes; relating to public records. |
|---|
| 69 | 69 | | |
|---|
| 70 | 70 | | |
|---|
| 71 | 71 | | |
|---|
| 72 | 72 | | |
|---|
| 73 | 73 | | |
|---|
| 74 | 74 | | (TEXT OF BILL BEGINS ON NEXT PAGE) |
|---|
| 75 | 75 | | |
|---|
| 76 | 76 | | |
|---|
| 77 | 77 | | |
|---|
| 78 | 78 | | Be it enacted by the Legislature of the State of Arizona: Section 1. Section 8-413, Arizona Revised Statutes, is amended to read: START_STATUTE8-413. Victim's right to privacy; redaction of victim's name; exceptions; definitions 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. 5. Any record if the law enforcement agency or prosecution agency has received a notice of final disposition in the criminal case. D. F. For the purposes of this section: 1. "Final disposition" has the same meaning prescribed in section 13-4401. 1. 2. "Identifying information" includes a victim's date of birth, social security number and official state or government issued driver license or identification number. 2. 3. "Locating information" includes the victim's address, telephone number, e-mail email address and place of employment. END_STATUTE Sec. 2. Section 13-4434, Arizona Revised Statutes, is amended to read: START_STATUTE13-4434. Victim's right to privacy; redaction of victim's name; exceptions; definitions 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, the defendant's attorney or any of the attorney's staff. 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 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 13-4403 has consented to the release of the information. 4. The general location at which the reported crime occurred. 5. The victim's address, if the victim's address appears in any body-worn camera footage, photographs or other visual or audio depictions and there is evidence that the defendant knows the victim's address because of a relationship set forth in section 13-3601, subsection A. D. Notwithstanding subsections A and B of this section, a court may order the victim's identifying and locating information to be disclosed in a specific case if it is necessary to protect the defendant's constitutional rights or when the information is not reasonably able to be redacted because of undue burden or expense. Before the court discloses the information, the victim must be notified and has the right to be heard by the court. If the disclosure is made to the defendant's attorney, the defendant's attorney may not disclose the information to any person other than the attorney's staff and a designated investigator. The defendant's attorney may not provide the disclosed information to the defendant without specific authorization from the court. E. 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. F. Subsection E 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. 5. Any record if the law enforcement agency or prosecution agency has received a notice of final disposition in the criminal case. E. g. For the purposes of this section: 1. "Identifying information" includes a victim's date of birth, social security number and official state or government issued driver license or identification number. 2. "Locating information" includes the victim's address, telephone number, email address and place of employment. END_STATUTE Sec. 3. Section 39-123.01, Arizona Revised Statutes, is amended to read: START_STATUTE39-123.01. Personal identifying information of crime witnesses; redaction of crime witness's name; exceptions; confidentiality; definitions A. The personal identifying information of a witness to a crime contained in a record that is created or received by a law enforcement or prosecution agency and that is related to a criminal investigation or prosecution may not be disclosed by a public body pursuant to this article unless any of the following applies: 1. The witness consents in writing to the disclosure. 2. A court of competent jurisdiction orders the disclosure. 3. The witness's address is the location where the crime occurred. B. The name of a witness to a crime contained in a record that is created or received by a law enforcement agency or prosecution agency and that is related to a criminal investigation or prosecution may be redacted in a public record by the public body if the witness requests anonymity and a law enforcement agency or prosecution agency reasonably expects that releasing the witness's name will result in harassment of the witness, threats to the witness's safety or witness tampering. C. Notwithstanding subsection B of this section, a public body may disclose the NAME of a witness to a crime in a public record if any of the following applies: 1. The witness consents in writing to the disclosure. 2. A court of competent jurisdiction orders the disclosure. 3. The public body has received a notice of final disposition in the criminal case. B. D. This section does not affect any records that are transmitted between law enforcement and prosecution agencies, a court or a clerk of the court or any provision of law that governs the discovery process or the conduct of trials. C. E. For the purposes of this section: , 1. "Final disposition" has the same meaning prescribed in section 13-4401. 2. "Personal identifying information" includes a witness's date of birth, social security number, personal telephone number, home address, personal e-mail email address and official state or government-issued driver license or identification number. END_STATUTE |
|---|
| 79 | 79 | | |
|---|
| 80 | 80 | | Be it enacted by the Legislature of the State of Arizona: |
|---|
| 81 | 81 | | |
|---|
| 82 | 82 | | Section 1. Section 8-413, Arizona Revised Statutes, is amended to read: |
|---|
| 83 | 83 | | |
|---|
| 84 | 84 | | START_STATUTE8-413. Victim's right to privacy; redaction of victim's name; exceptions; definitions |
|---|
| 85 | 85 | | |
|---|
| 86 | 86 | | 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. |
|---|
| 87 | 87 | | |
|---|
| 88 | 88 | | 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. |
|---|
| 89 | 89 | | |
|---|
| 90 | 90 | | C. Subsection B of this section does not apply to: |
|---|
| 91 | 91 | | |
|---|
| 92 | 92 | | 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. |
|---|
| 93 | 93 | | |
|---|
| 94 | 94 | | 2. Any records that are transmitted between law enforcement agencies and prosecution agencies or a court. |
|---|
| 95 | 95 | | |
|---|
| 96 | 96 | | 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. |
|---|
| 97 | 97 | | |
|---|
| 98 | 98 | | 4. The general location at which the reported crime occurred. |
|---|
| 99 | 99 | | |
|---|
| 100 | 100 | | 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. |
|---|
| 101 | 101 | | |
|---|
| 102 | 102 | | E. Subsection D of this section does not apply to any of the following: |
|---|
| 103 | 103 | | |
|---|
| 104 | 104 | | 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. |
|---|
| 105 | 105 | | |
|---|
| 106 | 106 | | 2. Any record regarding a victim who is deceased. |
|---|
| 107 | 107 | | |
|---|
| 108 | 108 | | 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. |
|---|
| 109 | 109 | | |
|---|
| 110 | 110 | | 4. Any record that a court of competent jurisdiction has ordered to be disclosed. |
|---|
| 111 | 111 | | |
|---|
| 112 | 112 | | 5. Any record if the law enforcement agency or prosecution agency has received a notice of final disposition in the criminal case. |
|---|
| 113 | 113 | | |
|---|
| 114 | 114 | | D. F. For the purposes of this section: |
|---|
| 115 | 115 | | |
|---|
| 116 | 116 | | 1. "Final disposition" has the same meaning prescribed in section 13-4401. |
|---|
| 117 | 117 | | |
|---|
| 118 | 118 | | 1. 2. "Identifying information" includes a victim's date of birth, social security number and official state or government issued driver license or identification number. |
|---|
| 119 | 119 | | |
|---|
| 120 | 120 | | 2. 3. "Locating information" includes the victim's address, telephone number, e-mail email address and place of employment. END_STATUTE |
|---|
| 121 | 121 | | |
|---|
| 122 | 122 | | Sec. 2. Section 13-4434, Arizona Revised Statutes, is amended to read: |
|---|
| 123 | 123 | | |
|---|
| 124 | 124 | | START_STATUTE13-4434. Victim's right to privacy; redaction of victim's name; exceptions; definitions |
|---|
| 125 | 125 | | |
|---|
| 126 | 126 | | 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. |
|---|
| 127 | 127 | | |
|---|
| 128 | 128 | | 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, the defendant's attorney or any of the attorney's staff. |
|---|
| 129 | 129 | | |
|---|
| 130 | 130 | | C. Subsection B of this section does not apply to: |
|---|
| 131 | 131 | | |
|---|
| 132 | 132 | | 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. |
|---|
| 133 | 133 | | |
|---|
| 134 | 134 | | 2. Any records that are transmitted between law enforcement and prosecution agencies or a court. |
|---|
| 135 | 135 | | |
|---|
| 136 | 136 | | 3. Any records if the victim or, if the victim is a minor, the victim's representative as designated under section 13-4403 has consented to the release of the information. |
|---|
| 137 | 137 | | |
|---|
| 138 | 138 | | 4. The general location at which the reported crime occurred. |
|---|
| 139 | 139 | | |
|---|
| 140 | 140 | | 5. The victim's address, if the victim's address appears in any body-worn camera footage, photographs or other visual or audio depictions and there is evidence that the defendant knows the victim's address because of a relationship set forth in section 13-3601, subsection A. |
|---|
| 141 | 141 | | |
|---|
| 142 | 142 | | D. Notwithstanding subsections A and B of this section, a court may order the victim's identifying and locating information to be disclosed in a specific case if it is necessary to protect the defendant's constitutional rights or when the information is not reasonably able to be redacted because of undue burden or expense. Before the court discloses the information, the victim must be notified and has the right to be heard by the court. If the disclosure is made to the defendant's attorney, the defendant's attorney may not disclose the information to any person other than the attorney's staff and a designated investigator. The defendant's attorney may not provide the disclosed information to the defendant without specific authorization from the court. |
|---|
| 143 | 143 | | |
|---|
| 144 | 144 | | E. 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. |
|---|
| 145 | 145 | | |
|---|
| 146 | 146 | | F. Subsection E of this section does not apply to any of the following: |
|---|
| 147 | 147 | | |
|---|
| 148 | 148 | | 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. |
|---|
| 149 | 149 | | |
|---|
| 150 | 150 | | 2. Any record regarding a victim who is deceased. |
|---|
| 151 | 151 | | |
|---|
| 152 | 152 | | 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. |
|---|
| 153 | 153 | | |
|---|
| 154 | 154 | | 4. Any record that a court of competent jurisdiction has ordered to be disclosed. |
|---|
| 155 | 155 | | |
|---|
| 156 | 156 | | 5. Any record if the law enforcement agency or prosecution agency has received a notice of final disposition in the criminal case. |
|---|
| 157 | 157 | | |
|---|
| 158 | 158 | | E. g. For the purposes of this section: |
|---|
| 159 | 159 | | |
|---|
| 160 | 160 | | 1. "Identifying information" includes a victim's date of birth, social security number and official state or government issued driver license or identification number. |
|---|
| 161 | 161 | | |
|---|
| 162 | 162 | | 2. "Locating information" includes the victim's address, telephone number, email address and place of employment. END_STATUTE |
|---|
| 163 | 163 | | |
|---|
| 164 | 164 | | Sec. 3. Section 39-123.01, Arizona Revised Statutes, is amended to read: |
|---|
| 165 | 165 | | |
|---|
| 166 | 166 | | START_STATUTE39-123.01. Personal identifying information of crime witnesses; redaction of crime witness's name; exceptions; confidentiality; definitions |
|---|
| 167 | 167 | | |
|---|
| 168 | 168 | | A. The personal identifying information of a witness to a crime contained in a record that is created or received by a law enforcement or prosecution agency and that is related to a criminal investigation or prosecution may not be disclosed by a public body pursuant to this article unless any of the following applies: |
|---|
| 169 | 169 | | |
|---|
| 170 | 170 | | 1. The witness consents in writing to the disclosure. |
|---|
| 171 | 171 | | |
|---|
| 172 | 172 | | 2. A court of competent jurisdiction orders the disclosure. |
|---|
| 173 | 173 | | |
|---|
| 174 | 174 | | 3. The witness's address is the location where the crime occurred. |
|---|
| 175 | 175 | | |
|---|
| 176 | 176 | | B. The name of a witness to a crime contained in a record that is created or received by a law enforcement agency or prosecution agency and that is related to a criminal investigation or prosecution may be redacted in a public record by the public body if the witness requests anonymity and a law enforcement agency or prosecution agency reasonably expects that releasing the witness's name will result in harassment of the witness, threats to the witness's safety or witness tampering. |
|---|
| 177 | 177 | | |
|---|
| 178 | 178 | | C. Notwithstanding subsection B of this section, a public body may disclose the NAME of a witness to a crime in a public record if any of the following applies: |
|---|
| 179 | 179 | | |
|---|
| 180 | 180 | | 1. The witness consents in writing to the disclosure. |
|---|
| 181 | 181 | | |
|---|
| 182 | 182 | | 2. A court of competent jurisdiction orders the disclosure. |
|---|
| 183 | 183 | | |
|---|
| 184 | 184 | | 3. The public body has received a notice of final disposition in the criminal case. |
|---|
| 185 | 185 | | |
|---|
| 186 | 186 | | B. D. This section does not affect any records that are transmitted between law enforcement and prosecution agencies, a court or a clerk of the court or any provision of law that governs the discovery process or the conduct of trials. |
|---|
| 187 | 187 | | |
|---|
| 188 | 188 | | C. E. For the purposes of this section: , |
|---|
| 189 | 189 | | |
|---|
| 190 | 190 | | 1. "Final disposition" has the same meaning prescribed in section 13-4401. |
|---|
| 191 | 191 | | |
|---|
| 192 | 192 | | 2. "Personal identifying information" includes a witness's date of birth, social security number, personal telephone number, home address, personal e-mail email address and official state or government-issued driver license or identification number. END_STATUTE |
|---|