Arizona Laws 13-4440. Notice of petition of factual innocence; right to be heard; hearing
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A. The victim has the right to be present and be heard at any proceeding in which a person‘s factual innocence is being considered pursuant to section 12-771.
Terms Used In Arizona Laws 13-4440
- Court: means all state, county and municipal courts in this state. See Arizona Laws 13-4401
- 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
- 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. The prosecuting agency shall provide written notice of the following to the victim:
1. The date, time and location of the hearing.
2. The victim’s right to be present and be heard at the hearing.
C. If the court makes a determination of factual innocence pursuant to section 12-771, the prosecuting agency shall provide the victim with a copy of the court order within fifteen days after the order is entered.