Bill Text: AZ HB2241 | 2017 | Fifty-third Legislature 1st Regular | Chaptered
Bill Title: Victims' rights; pleading endorsements
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2017-03-21 - Chapter 36 [HB2241 Detail]
Download: Arizona-2017-HB2241-Chaptered.html
|
House Engrossed |
|
State of Arizona House of Representatives Fifty-third Legislature First Regular Session 2017
|
|
CHAPTER 36
|
|
HOUSE BILL 2241 |
|
|
AN ACT
amending sections 8-416 and 13‑4437, 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 8-416, Arizona Revised Statutes, is amended to read:
8-416. Standing to invoke rights; recovery of damages; right to counsel
A. The rights enumerated in the victims' bill of rights, article II, section 2.1, Constitution of Arizona, any implementing legislation or court rules belong to the victim. The victim has standing to seek an order, to bring a special action or to file a notice of appearance in an appellate proceeding seeking to enforce any right or to challenge an order denying any right guaranteed to victims. In asserting any right, the victim has the right to be represented by personal counsel at the victim's expense.
B. A victim has the right to recover damages from a governmental entity responsible for the intentional, knowing or grossly negligent violation of the victim's rights under the victims' bill of rights, article II, section 2.1, Constitution of Arizona, any implementing legislation or court rule. Nothing in this section alters or abrogates any provision for immunity provided for under common law or statute.
C. At the request of the victim, the prosecutor may assert any right to which the victim is entitled.
D. On the filing of a notice of appearance, counsel for the victim shall be endorsed on all pleadings and, if present, counsel for the victim shall be included in all bench conferences and in chambers meetings and sessions with the trial court that directly involve a victim's right enumerated in article II, section 2.1, Constitution of Arizona.
E. Notwithstanding any other law and without limiting any rights and powers of the victim, the victim has the right to present evidence or information and to make an argument to the court, personally or through counsel, at any proceeding to determine the amount of restitution pursuant to section 13‑804.
Sec. 2. Section 13-4437, Arizona Revised Statutes, is amended to read:
13-4437. Standing to invoke rights; recovery of damages; right to counsel
A. The rights enumerated in the victims' bill of rights, article II, section 2.1, Constitution of Arizona, any implementing legislation or court rules belong to the victim. The victim has standing to seek an order, to bring a special action or to file a notice of appearance in an appellate proceeding, seeking to enforce any right or to challenge an order denying any right guaranteed to victims. In asserting any right, the victim has the right to be represented by personal counsel at the victim's expense.
B. A victim has the right to recover damages from a governmental entity responsible for the intentional, knowing or grossly negligent violation of the victim's rights under the victims' bill of rights, article II, section 2.1, Constitution of Arizona, any implementing legislation or court rules. Nothing in this section alters or abrogates any provision for immunity provided for under common law or statute.
C. At the request of the victim, the prosecutor may assert any right to which the victim is entitled.
D. On the filing of a notice of appearance, counsel for the victim shall be endorsed on all pleadings and, if present, counsel for the victim shall be included in all bench conferences and in chambers meetings and sessions with the trial court that directly involve a victim's right enumerated in article II, section 2.1, Constitution of Arizona.
E. Notwithstanding any other law and without limiting any rights and powers of the victim, the victim has the right to present evidence or information and to make an argument to the court, personally or through counsel, at any proceeding to determine the amount of restitution pursuant to section 13‑804.
APPROVED BY THE GOVERNOR MARCH 21, 2017.
FILED IN THE OFFICE OF THE SECRETARY OF STATE MARCH 21, 2017.
