Bill Text: AZ HB2191 | 2019 | Fifty-fourth Legislature 1st Regular | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Prohibited uses; criminal justice records

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2019-04-01 - Chapter 42 [HB2191 Detail]

Download: Arizona-2019-HB2191-Introduced.html




REFERENCE TITLE: criminal justice records; prohibited uses





State of Arizona

House of Representatives

Fifty-fourth Legislature

First Regular Session





HB 2191


Introduced by

Representative Payne





Amending section 39-121.01, Arizona Revised Statutes; amending title 39, chapter 1, article 2, Arizona Revised Statutes, by adding section 39-129; relating to public records.





Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 39-121.01, Arizona Revised Statutes, is amended to read:

START_STATUTE39-121.01.  Definitions; public records; maintenance; copies, printouts and photographs; examination by mail; index

A.  In this article, unless the context otherwise requires:

1.  "Booking photograph" means a photograph of a subject individual that is taken pursuant to an arrest or other involvement in the criminal justice system.

2.  "Criminal justice record" includes a booking photograph and the name, address and description of and the charges filed against a subject individual.

1.  3.  "Officer" means any person who is elected or appointed to hold any elective or appointive office of any public body and any chief administrative officer, head, director, superintendent or chairman chairperson of any public body.

4.  "Person" means a natural person, partnership, association, joint venture, corporation, limited liability company or trust or any similar entity or organized group of persons.

2.  5.  "Public body" means this state, any county, city, town, school district, political subdivision or tax‑supported district in this state, any branch, department, board, bureau, commission, council or committee of the foregoing, and any public organization or agency that is supported in whole or in part by monies from this state or any political subdivision of this state or expending that spends monies provided by this state or any political subdivision of this state.

6.  "Subject individual" means an individual who has been arrested.

B.  All officers and public bodies shall maintain all records, including records as defined in section 41‑151.18, that are reasonably necessary or appropriate to maintain an accurate knowledge of their official activities and of any of their activities which that are supported by monies from this state or any political subdivision of this state.

C.  Each public body shall be is responsible for the preservation, maintenance and care of preserving, maintaining and caring for that body's public records, and each officer shall be is responsible for the preservation, maintenance and care of preserving, maintaining and caring for that officer's public records.  It shall be the duty of Each such public body to shall carefully secure, protect and preserve public records from deterioration, mutilation, loss or destruction, unless disposed of pursuant to sections 41‑151.15 and 41‑151.19.

D.  Subject to section 39‑121.03:

1.  Any person may request to examine or be furnished copies, printouts or photographs of any public record during regular office hours or may request that the custodian mail a copy of any public record that is not otherwise available on the public body's website to the requesting person.  The custodian may require any person requesting that the custodian mail a copy of any public record to pay in advance for any copying and postage charges.  The custodian of such records shall promptly furnish such the copies, printouts or photographs and may charge a fee if the facilities are available, except that public records for purposes listed in section 39‑122 or 39‑127 shall be furnished without charge.

2.  If requested, the custodian of the records of an agency shall also furnish an index of records or categories of records that have been withheld and the reasons the records or categories of records have been withheld from the requesting person.  The custodian shall not include in the index information that is expressly made privileged or confidential in statute or a court order.  This paragraph shall not be construed by an administrative tribunal or a court of competent jurisdiction to prevent or require an order compelling a public body other than an agency to furnish an index.  For the purposes of this paragraph, "agency" has the same meaning prescribed in section 41‑1001, but does not include the department of public safety, the department of transportation motor vehicle division, the department of juvenile corrections and the state department of corrections.

3.  If the custodian of a public record does not have facilities for making copies, printouts or photographs of a public record which that a person has a right to inspect, such the person shall be granted access to the public record for the purpose of making copies, printouts or photographs.  The copies, printouts or photographs shall be made while the public record is in the possession, custody and control of the custodian of the public record and shall be is subject to the supervision of such the custodian.

E.  Access to a public record is deemed denied if a custodian fails to promptly respond to a request for production of a public record or fails to provide to the requesting person an index of any record or categories of records that are withheld from production pursuant to subsection D, paragraph 2 of this section. END_STATUTE

Sec. 2.  Title 39, chapter 1, article 2, Arizona Revised Statutes, is amended by adding section 39-129, to read:

START_STATUTE39-129.  Criminal justice records; public access; restrictions; prohibited uses; cause of action; damages

A.  criminal justice records and the names, addresses, telephone numbers and other information contained in criminal justice records may not be used by any person for the purpose of soliciting business for pecuniary gain.  In response to a request for access to criminal justice records pursuant to this article, the custodian shall deny access to criminal justice records unless the person requesting access signs a statement affirming that the person will not use the criminal justice records for the purpose of solicitating business for pecuniary gain.

B.  A person may not obtain or attempt to obtain criminal justice records of a subject individual if the person knows that The criminal justice records will be published on a website or other publication and that the Removal or revision of the published criminal justice records will require the payment of a fee or other consideration.  A subject individual whose criminal justice records are published in violation of this subsection and who suffers a pecuniary loss or who is otherwise adversely affected because of a violation of this subsection has a cause of action against the person that violates this subsection and may recover those damages and the damages prescribed in subsection C of this section in any court of competent jurisdiction.

C.  Any person that violates subsection B of this section is liable for damages for each separate violation in an amount of at least:

1.  $100 per day during the first thirty days of the violation.

2.  $200 per day during the subsequent thirty days of the violation.

3.  $500 per day for each day thereafter. END_STATUTE