Arizona Laws 13-4434. Victim’s right to privacy; exception; 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.
Terms Used In Arizona Laws 13-4434
- Court: means all state, county and municipal courts in this state. See Arizona Laws 13-4401
- Crime: means a misdemeanor or a felony. See Arizona Laws 13-105
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Defendant: means a person or entity that is formally charged by complaint, indictment or information of committing a criminal offense. See Arizona Laws 13-4401
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Government: means the state, any political subdivision of the state or any department, agency, board, commission, institution or governmental instrumentality of or within the state or political subdivision. See Arizona Laws 13-105
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Minor: means a person under eighteen years of age. See Arizona Laws 1-215
- Person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 13-105
- Release: means no longer in the custody of a custodial agency and includes transfer from one custodial agency to another custodial agency. See Arizona Laws 13-4401
- Rights: means any right that is granted to the victim by the laws of this state. See Arizona Laws 13-4401
- Victim: means a person against whom the criminal offense has been committed, including a minor, or if the person is killed or incapacitated, the person's spouse, parent, child, grandparent or sibling, any other person related to the person by consanguinity or affinity to the second degree or any other lawful representative of the person, except if the person or the person's spouse, parent, child, grandparent, sibling, other person related to the person by consanguinity or affinity to the second degree or other lawful representative is in custody for an offense or is the accused. See Arizona Laws 13-4401
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. 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.