Bill Text: AZ HB2203 | 2015 | Fifty-second Legislature 1st Regular | Chaptered

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Bill Title: Postconviction release hearings; recordings; free

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2015-04-09 - Chapter 237 [HB2203 Detail]

Download: Arizona-2015-HB2203-Chaptered.html

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House Engrossed

 

 

 

State of Arizona

House of Representatives

Fifty-second Legislature

First Regular Session

2015

 

 

 

CHAPTER 237

 

HOUSE BILL 2203

 

 

AN ACT

 

amending sections 8-395 and 13‑4414, Arizona Revised Statutes; relating to victims' rights.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

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

Section 1.  Section 8-395, Arizona Revised Statutes, is amended to read:

START_STATUTE8-395.  Notice of postadjudication release; right to be heard; hearing; final decision; free electronic recording

A.  The victim has the right to be present and be heard at any proceeding in which postadjudication release from confinement is being considered and the right to submit a statement to the department of juvenile corrections when a request for discharge on successful completion of the individualized individual treatment plan is considered pursuant to section 41‑2820.

B.  If the victim has made a request for postadjudication notice, at least fifteen days before the hearing or before the juvenile's discharge is considered pursuant to section 41‑2820, the department of juvenile corrections shall give to the victim written notice of the hearing and of the victim's right to be present and be heard at the hearing or to submit a statement to the department regarding the request for discharge.

C.  If the victim has made a request for postadjudication notice, the department of juvenile corrections shall give notice to the victim of the decision reached by the department.  The department shall mail the notice within fifteen days after the department reaches its decision.

D.  Any electronic recordings that are made during a postadjudication release hearing shall be provided, on request, to the victim free of charge. END_STATUTE

Sec. 2.  Section 13-4414, Arizona Revised Statutes, is amended to read:

START_STATUTE13-4414.  Notice of postconviction release; right to be heard; hearing; final decision; free electronic recording

A.  The victim has the right to be present and be heard at any proceeding in which post‑conviction postconviction release from confinement is being considered pursuant to section 31‑233, 31-236 or 31‑411 or 41‑1604.13.

B.  If the victim has made a request for post‑conviction postconviction notice, the board of executive clemency shall, at least fifteen days before the hearing, give to the victim written notice of the hearing and of the victim's right to be present and be heard at the hearing.

C.  If the victim has made a request for post‑conviction postconviction notice, the board of executive clemency shall give to the victim notice of the decision reached by the board.  The notice shall be mailed within fifteen days after the board reaches its decision.

D.  Any electronic recordings that are made during a postconviction release hearing shall be provided, on request, to the victim free of charge. END_STATUTE

 

 

 

APPROVED BY THE GOVERNOR APRIL 9, 2015.

 

FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 10, 2015.