Sections
Article 1 Prevention of Offenses 13-3801 – 13-3806
Article 2 Security to Keep the Peace 13-3811 – 13-3816
Article 3 Registration of Sex Offenders and Offender Monitoring 13-3821 – 13-3829
Article 4 Close Pursuit 13-3831 – 13-3834
Article 5 Uniform Criminal Extradition Act 13-3841 – 13-3870.02
Article 6 Authority of Peace Officers Outside Geographical Area of Agency 13-3871 – 13-3875
Article 7 Arrest 13-3881 – 13-3907
Article 8 Search Warrant 13-3911 – 13-3925
Article 9 Search of the Accused 13-3931
Article 10 Disposition of Seized Property in Custody of Magistrate or Peace Officer 13-3941 – 13-3942
Article 11 Preliminary Hearings 13-3951 – 13-3952
Article 12 Bail 13-3961 – 13-3974
Article 13 Trials 13-3981 – 13-3990
Article 14 Procedures on Issue of Insanity of Defendant 13-3991 – 13-3994
Article 16 Costs, Fees, and Disposition of Fines and Forfeitures 13-4011 – 13-4014
Article 17 Insanity or Pregnancy of Person Under Death Sentence 13-4021 – 13-4026
Article 18 Appeals 13-4031 – 13-4042
Article 19 Entry of Clearance on Records 13-4051
Article 20 Competency and Privileges 13-4061 – 13-4066
Article 21 Attendance of Witnesses 13-4071 – 13-4077
Article 22 Material Witnesses 13-4081 – 13-4085
Article 23 Uniform Act to Secure the Attendance of Witnesses From Without a State in Criminal Proceedings 13-4091 – 13-4096
Article 24 Deposition of Witness Within the State 13-4101 – 13-4105
Article 25 Deposition of Witness Without the State 13-4111 – 13-4116
Article 26 Habeas Corpus 13-4121 – 13-4147
Article 27 Crime Victim Accounts 13-4201 – 13-4202
Article 28 Retention and Preservation of Biological Evidence 13-4221
Article 29 Post-Conviction Relief 13-4231 – 13-4240
Article 30 Child Witnesses 13-4251 – 13-4253
Article 31 Complaints 13-4261
Article 32 Cold Cases 13-4271
Article 33 Authority to Seize Animals 13-4281
Article 34 Tracking and Cell Site Simulator Device Search Warrants 13-4291 – 13-4294

Terms Used In Arizona Laws > Title 13 > Chapter 38

  • Accused: means a person who has been arrested for a felony committed in the state of Arizona and either has been bound over for trial pursuant to a finding by a magistrate during a preliminary hearing of probable cause or has waived such a preliminary hearing or who has been lawfully indicted. See Arizona Laws 13-4201
  • Act: means a bodily movement. See Arizona Laws 3-1703
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
  • Automated teller machine: means an automated device that is established by a bank, savings and loan association or credit union and that facilitates customer-bank communications activities, including taking deposits and disbursing cash drawn against a customer's deposit account or a customer's preapproved loan account, at a location separate from the home office or a branch. See Arizona Laws 6-101
  • Bank: means a corporation that holds a banking permit issued pursuant to chapter 2 of this title. See Arizona Laws 6-101
  • Banking office: means any place of business of the bank at which deposits are received, checks are paid or money is loaned but does not include the premises used for computer operations, proofing, record keeping, accounting, storage, maintenance or other administrative or service functions. See Arizona Laws 6-101
  • Benefit: means anything of value or advantage, present or prospective. See Arizona Laws 3-1703
  • Branch: means any banking office other than the principal banking office. See Arizona Laws 6-101
  • Capital offense: A crime punishable by death.
  • Cell site simulator device: means a portable device that transmits or receives radio waves to identify, locate or track the movements of a communications device. See Arizona Laws 13-4291
  • Cell site simulator device search warrant: means an order in writing issued in the name of the state of Arizona, signed by a magistrate, authorizing a peace officer to identify a communications device through the use of a cell site simulator device. See Arizona Laws 13-4291
  • Commission: means the state industrial commission. See Arizona Laws 13-4201
  • Communications device: means any device that allows the device's user to send or receive oral, wire or electronic communications or computer services. See Arizona Laws 13-4291
  • Community supervision: means that portion of a felony sentence that is imposed by the court pursuant to section 13-603, subsection I and that is served in the community after completing a period of imprisonment or served in prison in accordance with section 41-1604. See Arizona Laws 3-1703
  • Conduct: means an act or omission and its accompanying culpable mental state. See Arizona Laws 3-1703
  • Converting bank: means a bank converting from a national to a state bank, or the reverse. See Arizona Laws 6-211
  • Conviction: A judgement of guilt against a criminal defendant.
  • Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
  • Crime: means a misdemeanor or a felony. See Arizona Laws 3-1703
  • criminal offense: includes any of the following:

    (a) A felony or misdemeanor offense. See Arizona Laws 13-3841

  • Criminal street gang: means an ongoing formal or informal association of persons in which members or associates individually or collectively engage in the commission, attempted commission, facilitation or solicitation of any felony act and that has at least one individual who is a criminal street gang member. See Arizona Laws 3-1703
  • Criminal street gang member: means an individual to whom at least two of the following seven criteria that indicate criminal street gang membership apply:

    (a) Self-proclamation. See Arizona Laws 3-1703

  • Cross examine: Questioning of a witness by the attorney for the other side.
  • Dangerous instrument: means anything that under the circumstances in which it is used, attempted to be used or threatened to be used is readily capable of causing death or serious physical injury. See Arizona Laws 3-1703
  • Deadly weapon: means anything designed for lethal use, including a firearm. See Arizona Laws 3-1703
  • Department: means the department of financial institutions. See Arizona Laws 6-101
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Docket: A log containing brief entries of court proceedings.
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Enterprise: means any person under the jurisdiction of the department other than a financial institution. See Arizona Laws 6-101
  • escape: means :

    (i) A departure from custody or from a juvenile secure care facility, a juvenile detention facility or an adult correctional facility in which the person is held or detained, with knowledge that the departure is not permitted, or the failure to return to custody or detention following a temporary leave granted for a specific purpose or for a limited period. See Arizona Laws 3-1703

  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Executive authority: includes the governor, and any person performing the functions of governor in a state other than this state. See Arizona Laws 13-3841
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • Federal deposit insurance corporation: includes any successor to the corporation or other agency or instrumentality of the United States that undertakes to discharge the purposes of the corporation. See Arizona Laws 6-101
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Felony: means an offense for which a sentence to a term of imprisonment in the custody of the state department of corrections is authorized by any law of this state. See Arizona Laws 3-1703
  • Financial institution: means banks, trust companies, savings and loan associations, credit unions, consumer lenders, international banking facilities and financial institution holding companies under the jurisdiction of the department. See Arizona Laws 6-101
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • 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 3-1703
  • Governor: includes any person performing the functions of governor by authority of the law of this state. See Arizona Laws 13-3841
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • Home state: means the state that has granted the bank its charter, permit or license to operate. See Arizona Laws 6-101
  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  • In-state financial institution: means a state or national bank or savings and loan association with its home office in this state, or holding company with its home office in this state. See Arizona Laws 6-211
  • In-state financial institution: means a state or federal bank, savings bank, savings and loan association or holding company with its home office located in this state. See Arizona Laws 6-101
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Knowingly: means , with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that the person's conduct is of that nature or that the circumstance exists. See Arizona Laws 3-1703
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • mentally incompetent to be executed: means that due to a mental disease or defect a person who is sentenced to death is presently unaware that he is to be punished for the crime of murder or that he is unaware that the impending punishment for that crime is death. See Arizona Laws 13-4021
  • Merger: includes consolidation. See Arizona Laws 6-211
  • Minor children: means persons under the age of eighteen years. See Arizona Laws 1-215
  • Misdemeanor: means an offense for which a sentence to a term of imprisonment other than to the custody of the state department of corrections is authorized by any law of this state. See Arizona Laws 3-1703
  • National bank: means a national banking association located in this state. See Arizona Laws 6-211
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • Nontarget data: means information that is collected by a cell site simulator device pursuant to a search warrant that is issued under section 13-4293 or section 13-4294 and that identifies a communications device that is not related to the subject of the search warrant. See Arizona Laws 13-4291
  • Oath: includes an affirmation or declaration. See Arizona Laws 1-215
  • Omission: means the failure to perform an act as to which a duty of performance is imposed by law. See Arizona Laws 3-1703
  • Out-of-state bank: means a bank, savings bank or savings and loan association that is approved by the superintendent pursuant to section 6-322 and that has a charter, a permit or any other license to operate that is issued by a state other than this state. See Arizona Laws 6-101
  • Out-of-state financial institution: means a state or national bank or savings and loan association with its home office in a state other than this state, or holding company with its home office in a state other than this state. See Arizona Laws 6-211
  • Out-of-state financial institution: means a state or federal bank, savings bank, savings and loan association or holding company with its home office in a state other than this state. See Arizona Laws 6-101
  • Peace officer: means any person vested by law with a duty to maintain public order and make arrests and includes a constable. See Arizona Laws 3-1703
  • 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 3-1703
  • Person: means a person as defined in section 13-105 and includes a representative or assignee of such person. See Arizona Laws 13-4201
  • Petty offense: means an offense for which a sentence of a fine only is authorized by law. See Arizona Laws 3-1703
  • Physical injury: means the impairment of physical condition. See Arizona Laws 3-1703
  • Possess: means knowingly to have physical possession or otherwise to exercise dominion or control over property. See Arizona Laws 3-1703
  • Possession: means a voluntary act if the defendant knowingly exercised dominion or control over property. See Arizona Laws 3-1703
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Property: means anything of value, tangible or intangible. See Arizona Laws 3-1703
  • public offense: means conduct for which a sentence to a term of imprisonment or of a fine is provided by any law of the state in which it occurred or by any law, regulation or ordinance of a political subdivision of that state and, if the act occurred in a state other than this state, it would be so punishable under the laws, regulations or ordinances of this state or of a political subdivision of this state if the act had occurred in this state. See Arizona Laws 3-1703
  • Recess: A temporary interruption of the legislative business.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Resulting bank: means the bank resulting from a merger or conversion. See Arizona Laws 6-211
  • Serious physical injury: includes physical injury that creates a reasonable risk of death, or that causes serious and permanent disfigurement, serious impairment of health or loss or protracted impairment of the function of any bodily organ or limb. See Arizona Laws 3-1703
  • State: includes the District of Columbia. See Arizona Laws 13-3831
  • State: includes any territory of the United States and the District of Columbia. See Arizona Laws 13-4091
  • State bank: means a corporation holding a banking permit under the laws of this state. See Arizona Laws 6-211
  • Summons: includes a subpoena, order or other notice requiring the appearance of a witness. See Arizona Laws 13-4091
  • Superintendent: means the superintendent of financial institutions. See Arizona Laws 6-101
  • Title: includes this title, title 32, chapters 9 and 36 and title 44, chapter 2. See Arizona Laws 6-101
  • Tracking device: means an electronic or mechanical device, including a communications device, that tracks the movement of a person or an object. See Arizona Laws 13-4291
  • Tracking device search warrant: means an order in writing issued in the name of the state of Arizona, signed by a magistrate, authorizing a peace officer to track a person or an object through the use of a tracking device. See Arizona Laws 13-4291
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Unlawful: means contrary to law or, where the context so requires, not permitted by law. See Arizona Laws 3-1703
  • Vehicle: means a device in, upon or by which any person or property is, may be or could have been transported or drawn upon a highway, waterway or airway, excepting devices moved by human power or used exclusively upon stationary rails or tracks. See Arizona Laws 3-1703
  • Verdict: The decision of a petit jury or a judge.
  • Victim: means any person, including the surviving dependent of a person, who has suffered physical injury or pecuniary loss resulting from the crime of the accused. See Arizona Laws 13-4201
  • Witness: includes a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution or proceeding. See Arizona Laws 13-4091
  • Writ: means an order or precept in writing issued in the name of the state or by a court or judicial officer. See Arizona Laws 1-215