Bill Text: AZ HB2269 | 2017 | Fifty-third Legislature 1st Regular | Chaptered
Bill Title: Victims' rights; requirements; monetary judgments
Spectrum: Strong Partisan Bill (Republican 11-1)
Status: (Passed) 2017-05-01 - Chapter 229 [HB2269 Detail]
Download: Arizona-2017-HB2269-Chaptered.html
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Conference Engrossed |
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State of Arizona House of Representatives Fifty-third Legislature First Regular Session 2017
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CHAPTER 229
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HOUSE BILL 2269 |
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AN ACT
amending sections 8‑386, 8‑386.01, 8‑387, 8‑407, 8‑413 and 8‑415, Arizona Revised Statutes; amending title 12, chapter 9, Arizona Revised Statutes, by adding article 12; amending sections 13‑805, 13‑806, 13‑810, 13‑4402, 13‑4405, 13‑4407, 13-4408, 13‑4415, 13‑4428, 22-116 and 41-2407, 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 8-386, Arizona Revised Statutes, is amended to read:
8-386. Information provided to victim by law enforcement agencies
A. As soon after the detection of an offense as the victim may be contacted without interfering with an investigation or arrest, the law enforcement agency responsible for investigating the offense shall provide electronic forms, pamphlets, information cards or other materials to the victim with a multicopy form:
1. That allows the victim to request or waive applicable rights to which the victim is entitled, on request, under this article.
2. That provides the victim a method to designate a lawful representative if the victim so chooses pursuant to section 8‑384, subsection A or section 8‑385.
3. That provides notice to the victim of all of the following information:
(a) The victim's right under the victims' bill of rights, article II, section 2.1, Constitution of Arizona, to be treated with fairness, respect and dignity and to be free of intimidation, harassment or abuse throughout the criminal or juvenile justice process.
(b) The availability, if any, of crisis intervention services and emergency and medical services and, if applicable, that medical expenses arising out of the need to secure evidence may be reimbursed pursuant to section 13‑1414.
(c) In cases involving domestic violence, the procedures and resources available for the protection of the victim pursuant to section 13‑3601.
(d) The names and telephone numbers of public and private victim assistance programs, including the county victim compensation program and programs that provide counseling, treatment and other support services.
(e) The police report number, if available, other identifying case information and the following statement:
If within thirty days you are not notified of an arrest in your case, you may call (the law enforcement agency's telephone number) for the status of the case.
(f) Whether the suspect is an adult or juvenile, the victim will be notified by the law enforcement agency at the earliest opportunity after the arrest of a suspect.
(g) If the suspect is a juvenile and the officer requests that the accused be detained, a statement of the victim's right, on request, to be informed if the juvenile will be released or will be detained pending the detention hearing and of the victim's right to be present and heard at the detention hearing and that, to exercise these rights, the victim must contact the detention screening section of the juvenile probation department immediately to request notice of all of the following:
(i) The juvenile's release.
(ii) The date, time and place of the detention hearing and any changes to that schedule.
(iii) If the victim chooses to exercise the right to be heard through a written statement, how that statement may be submitted to the court.
(h) That the victim or the immediate family member of the victim, if the victim is killed or incapacitated, has the right to receive one copy of the police report, including any supplements to the report, from the investigating law enforcement agency at no charge pursuant to section 39-127.
B. If at the time of contact with a law enforcement agency the victim is physically or emotionally unable to request or waive applicable rights, the law enforcement agency shall designate this on the multicopy form in a format that is authorized by subsection A of this section and the entities that may be subsequently affected shall presume that the victim invoked the victim's right to request applicable rights to which the victim is entitled, on request, unless the victim later waives those rights.
C. The law enforcement agency shall submit one copy of the victim's request or waiver of predisposition rights form to the detention center, if the arresting officer is requesting that the accused be detained, at the time the juvenile is taken to detention. If detention is not requested, the form copies shall be submitted to the juvenile probation intake section at the time the case is otherwise referred to court. The probation intake section shall submit a copy of the victim's request or waiver of predisposition rights form to the prosecutor and the departments or governmental agencies, as applicable, that are mandated by this article to provide victims' rights services on request.
D. If the accused juvenile is cited and released by an Arizona traffic ticket and complaint form pursuant to section 8‑323, the law enforcement agency shall inform the victim how to obtain additional information about subsequent proceedings.
E. Law enforcement agencies within a county may establish different procedures designed to efficiently and effectively provide notice of the victim's rights pursuant to this article and notice to affected entities of victim request or waiver information. If different procedures are established, the procedures shall:
1. Be reported to the entities within a county affected by the procedures and reported to the attorney general.
2. Be designed so that detention centers within a county receive notice of the victim's request or waiver of the victim's predisposition rights at the same time that an accused juvenile is detained.
3. Be designed so that the juvenile probation intake section of the county receives notice of the victim's request or waiver of the victim's predisposition rights at the same time that the case is referred to court.
4. Provide that the notice to affected entities of a victim's request or waiver of the victim's predisposition rights includes information that allows the affected entity to contact the victim.
5. Be supported by the use of electronic forms, brochures, forms or other written materials developed by the law enforcement agencies within a county and reviewed by the attorney general pursuant to section 8‑398, subsection B.
Sec. 2. Section 8-386.01, Arizona Revised Statutes, is amended to read:
8-386.01. Issuance and execution of arrest warrants
A. Beginning on the effective date of this section, On the issuance of an arrest warrant, the court issuing the warrant shall state in the warrant whether the person named in the warrant is to be arrested for or is to be charged with committing an offense to which this article applies or that is materially related to an offense to which this article applies.
B. On receipt of notice of an arrest or an impending arrest of a juvenile and if applicable pursuant to subsection A of this section, the agency that is responsible for holding the original warrant shall notify the law enforcement agency that was responsible for the original investigation of the offense of the impending detainment of the juvenile who is arrested on the law enforcement agency's warrant.
C. On receiving notice that the warrant was executed pursuant to subsection B of this section, the law enforcement agency that was responsible for the original investigation of the offense shall do all of the following if the victim has requested notice pursuant to section 8‑286 8‑386:
1. Notify the victim of the arrest and advise the victim that to exercise the right to be informed if the juvenile is released the victim must contact the detention center of the juvenile probation department immediately.
2. Inform the victim of the telephone number of the detention center in which the juvenile is detained.
3. Provide the detention center with the victim information pursuant to section 8‑286 8‑386 so that the detention center may notify the victim of the release or escape of the juvenile pursuant to section 8‑290.03 8‑393, if applicable.
D. A law enforcement agency is not required to provide victim information pursuant to section 8‑286 8‑386, subsections C and E to the custodial agency at the time a juvenile is detained unless the law enforcement agency that performs the warrant arrest is also the law enforcement agency that was responsible for the original investigation of the offense.
E. The victim's right to be informed of an arrest or a release pursuant to an executed warrant applies to warrants that are issued on or after September 1, 1996.
F. Law enforcement, courts and juvenile custodial agencies are not liable pursuant to section 8‑290.26 8‑393 for the failure to inform a victim of the arrest or release of a juvenile on warrants that were issued before September 1, 1996.
Sec. 3. Section 8-387, Arizona Revised Statutes, is amended to read:
8-387. Notice of terms and conditions of release
On the request of the victim, the juvenile court or the department of juvenile corrections shall provide a copy of the terms and conditions of release. The copy of the terms and conditions of release may be provided to the victim in an electronic form, pamphlet, information card or other material.
Sec. 4. Section 8-407, Arizona Revised Statutes, is amended to read:
8-407. Victim's discretion; form of statement
A. The victim has discretion to exercise the victim's rights under this article to be present and be heard at a court proceeding, and the absence of the victim at the court proceeding does not preclude the court from continuing the proceeding.
B. Except as provided in subsection C of this section, a victim's right to be heard may be exercised through an oral statement, submission of a written statement or submission of a statement through audiotape or videotape or any other video or digital media that is available to the court.
C. If a person against whom a delinquent act has been committed is in custody for an offense, the person may be heard by submitting a written statement to the court.
Sec. 5. Section 8-413, Arizona Revised Statutes, is amended to read:
8-413. Victim's right to privacy; exception; definitions
A. The victim has the right at any court proceeding not to testify regarding any identifying or locating information unless the victim consents or the court orders disclosure on finding that a compelling need for the information exists. A court proceeding on the motion shall be in camera.
B. A victim's identifying and locating information that is obtained, compiled or reported by a law enforcement agency or prosecution agency shall be redacted by the originating agency and prosecution agencies from records pertaining to the criminal case involving the victim, including discovery disclosed to the defendant.
C. Subsection B of this section does not apply to:
1. The victim's name except, if the victim is a minor, the victim's name may be redacted from public records pertaining to the crime if the countervailing interests of confidentiality, privacy, the rights of the minor or the best interests of this state outweigh the public interest in disclosure.
2. Any records that are transmitted between law enforcement and prosecution agencies or a court.
3. Any records if the victim or, if the victim is a minor, the victim's representative as designated under section 8‑384 or 13‑4403 has consented to the release of the information.
4. The general location at which the reported crime occurred.
D. For the purposes of this section:
1. "Identifying information" includes a victim's date of birth, social security number and official state or government issued driver license or identification number.
2. "Locating information" includes the victim's address, telephone number, e‑mail address and place of employment.
Sec. 6. Section 8-415, Arizona Revised Statutes, is amended to read:
8-415. Effect of failure to comply
A. The failure to comply with a victim's constitutional or statutory right is a ground for the victim to request a reexamination proceeding within ten days after the proceeding at which the victim's right was denied or with leave of the court for good cause shown. After the victim requests a reexamination proceeding and after the court gives reasonable notice, the court shall afford the victim a reexamination proceeding to consider the issues raised by the denial of the victim's right. Except as provided in subsection B of this section, the court shall reconsider any decision that arises from a proceeding in which the victim's right was not protected and shall ensure that the victim's rights are thereafter protected.
B. The failure to use reasonable efforts to perform a duty or provide a right is not cause to seek to set aside an adjudication or disposition after trial. Failure to afford a right under this chapter shall not provide grounds for a new trial. A victim who was given notice of a plea or sentencing proceeding may make a motion to reopen a plea or sentence only if the victim was not voluntarily absent from the proceeding and has asserted the right to be heard before or during the proceeding at issue and the right to be heard was denied and, in the case of a plea, the accused has not pled to the highest offense charged. This subsection does not affect the victim's right to restitution, which the victim may seek to enforce at any time.
C. Unless the juvenile is discharged from the juvenile's sentence, the failure to use reasonable efforts to provide notice and a right to be present or be heard pursuant to this chapter at a proceeding that involves a postconviction postadjudication release is a ground for the victim to seek to set aside the postconviction postadjudication release until the victim is afforded the opportunity to be present or be heard.
D. If the victim seeks to have a postconviction postadjudication release set aside pursuant to subsection C of this section, the court or department of juvenile corrections shall afford the victim a reexamination proceeding after the parties are given notice.
E. A reexamination proceeding conducted pursuant to this section or any other proceeding that is based on the failure to perform a duty or provide a right shall commence not more than thirty days after the appropriate parties have been given notice that the victim is exercising the right to a reexamination proceeding pursuant to this section or to another proceeding based on the failure to perform a duty or provide a right.
Sec. 7. Title 12, chapter 9, Arizona Revised Statutes, is amended by adding article 12, to read:
ARTICLE 12. MONETARY JUDGMENT AWARDS TO PRISONERS
12-1721. Monetary judgment awarded to prisoners; outstanding restitution and incarceration costs
A. In any civil action, a monetary judgment may not be paid to a person who is or was previously incarcerated in the state department of corrections before all restitution and incarceration costs owed by the person are paid if the monetary judgment is against this state, a political subdivision of this state, any prison, jail or correctional facility or any officer or agent of a prison, jail or correctional facility. If the monetary judgment is not sufficient to pay both restitution and incarceration costs that are owed, the monetary judgment must first be used to pay any outstanding restitution and a portion of any remaining balance may be set off and used to pay outstanding incarceration costs pursuant to section 31‑238.
B. If the victim was ordered by the court to receive restitution through the clerk of the superior court, this state, the political subdivision of this state or the prison, jail or correctional facility that was ordered to satisfy the monetary judgment shall transfer enough of the monetary judgment to pay the remaining balance of the restitution order to the clerk of the superior court for distribution to the victim.
C. If money is transferred to a clerk of the superior court pursuant to subsection B of this section, this state, the political subdivision of this state or the prison, jail or correctional facility must also provide the clerk with the following information at the time of the transfer:
1. A copy of the monetary judgment.
2. The defendant's name and the case number of each case where restitution is owed.
3. The name and address of the transferring entity.
Sec. 8. Section 13-805, Arizona Revised Statutes, is amended to read:
13-805. Jurisdiction
A. The trial court shall retain jurisdiction of the case as follows:
1. subject to paragraph 2 of this subsection, for purposes of ordering, modifying and enforcing the manner in which court‑ordered payments are made until paid in full or until the defendant's sentence expires.
2. For all restitution orders in favor of a victim, including liens and criminal restitution orders, for purposes of ordering, modifying and enforcing the manner in which payments are made until paid in full.
B. At the time the defendant is ordered to pay restitution by the court, the court may enter a criminal restitution order in favor of each person who is entitled to restitution for the unpaid balance of any restitution order. A criminal restitution order does not affect any other monetary obligation imposed on the defendant pursuant to law.
C. At the time the defendant completes the defendant's period of probation or the defendant's sentence or the defendant absconds from probation or the defendant's sentence, the court shall enter both:
1. A criminal restitution order in favor of the state for the unpaid balance, if any, of any fines, costs, incarceration costs, fees, surcharges or assessments imposed.
2. A criminal restitution order in favor of each person entitled to restitution for the unpaid balance of any restitution ordered, if a criminal restitution order is not issued pursuant to subsection B of this section.
D. The clerk of the court shall notify each person who is entitled to restitution of the criminal restitution order.
E. A criminal restitution order may be recorded and is enforceable as any civil judgment, except that a criminal restitution order does not require renewal pursuant to section 12‑1611 or 12‑1612. Enforcement of a criminal restitution order by any person who is entitled to restitution or by the state includes the collection of interest that accrues at a rate of ten percent per annum. A criminal restitution order does not expire until paid in full. A filing fee, recording fee or any other charge is not required for recording a criminal restitution order.
F. All monies paid pursuant to a criminal restitution order entered by the superior court shall be paid to the clerk of the superior court.
G. Monies received as a result of a criminal restitution order entered pursuant to this section shall be distributed in the following order of priority:
1. Restitution ordered that is reduced to a criminal restitution order.
2. Associated interest.
H. The interest accrued pursuant to subsection E of this section does not apply to fees imposed for collection of the court ordered payments.
I. A criminal restitution order is a criminal penalty for the purposes of a federal bankruptcy involving the defendant.
Sec. 9. Section 13-806, Arizona Revised Statutes, is amended to read:
13-806. Restitution lien
A. The state or any person entitled to restitution pursuant to a court order may file in accordance with this section a restitution lien. A filing fee, recording fee or any other charge is not required for filing a restitution lien.
B. A restitution lien shall be signed by the attorney representing the state in the criminal action or by a magistrate and shall set forth all of the following information:
1. The name and date of birth of the defendant whose property or other interests are subject to the lien.
2. The present residence or principal place of business of the person named in the lien, if known.
3. The criminal proceeding pursuant to which the lien is filed, including the name of the court, the title of the action and the court's file number.
4. The name and address of the attorney representing the state in the proceeding pursuant to which the lien is filed or the name and address of the person entitled to restitution pursuant to a court order filing the lien.
5. A statement that the notice is being filed pursuant to this section.
6. The amount of restitution the defendant in the proceeding has been ordered to pay or an estimated amount of economic loss caused by the offense alleged in the proceeding if no restitution order has been entered yet.
7. A statement that the total amount of restitution owed will change and that the clerk of the court in which the proceeding was or is pending shall maintain a record of the outstanding balance.
C. A restitution lien may be filed by:
1. A prosecutor in a criminal proceeding in which there was an economic loss after the filing of a misdemeanor complaint or felony information or indictment. At the time of arraignment the prosecutor shall give the defendant notice of any restitution lien filed.
2. A victim in a criminal proceeding after restitution is determined and ordered by the trial court following pronouncement of the judgment and sentence.
C. A prosecutor or a victim in a criminal proceeding in which there was an economic loss may file a request with the court for a preconviction restitution lien after the filing of a misdemeanor complaint or felony information or indictment.
D. A victim in a criminal proceeding may file a restitution lien after restitution is determined and ordered by the trial court following pronouncement of the judgment and sentence.
D. E. A restitution lien is perfected against interests in personal property by filing the lien with the secretary of state, except that in the case of titled motor vehicles it shall be filed with the department of transportation motor vehicle division. A restitution lien is perfected against interests in real property by filing the lien with the county recorder of the county in which the real property is located. The state or a victim may give the additional notice of the lien as either deems appropriate.
E. F. The filing of a restitution lien in accordance with this section creates a lien in favor of the state or the victim in all of the following:
1. Any interest of the defendant in real property situated in the county in which the lien is filed then maintained or thereafter acquired in the name of the defendant identified in the lien.
2. Any interest of the defendant in personal property situated in this state then maintained or thereafter acquired in the name of the defendant identified in the lien.
3. Any property identified in the lien to the extent of the defendant's interest in the property.
F. G. The filing of a restitution lien under this section is notice to all persons dealing with the person or property identified in the lien of the state's or victim's claim. The lien created in favor of the state or the victim in accordance with this section is superior and prior to the claims or interests of any other person, except a person possessing any of the following:
1. A valid lien perfected before the filing of the restitution lien.
2. In the case of real property, an interest acquired and recorded before the filing of the restitution lien.
3. In the case of personal property, an interest acquired before the filing of the restitution lien.
G. h. This section does not limit the right of the state or any other person entitled to restitution to obtain any order or injunction, receivership, writ, attachment, garnishment or other remedy authorized by law.
H. I. Following the entry of the judgment and sentence in the criminal case, if the trial court sentences the defendant to pay a fine or awards costs of investigation or prosecution, the state may file a restitution lien pursuant to this section for the amount of the fine or costs, except that a lien may not be perfected against a titled motor vehicle.
I. J. A criminal restitution lien is a criminal penalty for the purposes of any federal bankruptcy involving the defendant.
K. The court shall order the release of any preconviction restitution lien that has been filed or perfected if the defendant is acquitted or the state does not proceed with the prosecution.
J. L. A self-service storage facility that forecloses its lien pursuant to section 33‑1704 may sell personal property that is subject to a restitution lien. The proceeds from the sale, less the reasonable costs of sale, shall be paid to the restitution lienholder to satisfy the restitution lien as prescribed in section 33‑1704. A person who is a good faith purchaser pursuant to section 33‑1704 and who purchases personal property that is subject to a restitution lien takes the property free and clear of the rights of the restitution lienholder.
Sec. 10. Section 13-810, Arizona Revised Statutes, is amended to read:
13-810. Consequences of nonpayment of fines, fees, restitution or incarceration costs
A. In addition to any other remedy provided by law, including a writ of execution or other civil enforcement, if a defendant who is sentenced to pay a fine, a fee or incarceration costs defaults in the payment of the fine, fee or incarceration costs or of any installment as ordered, the clerk of the court imposing the fine, fee or incarceration costs shall notify the prosecutor and the sentencing court. The court, on motion of the prosecuting attorney or on its own motion, shall require the defendant to show cause why the defendant's default should not be treated as contempt and may issue a summons or a warrant of arrest for the defendant's appearance.
B. In addition to any other remedy provided by law, including a writ of execution or other civil enforcement, if a defendant who is ordered to pay restitution defaults in the payment of the restitution or of any installment as ordered, the clerk of the court that imposed the restitution shall notify the prosecutor and the sentencing court on a monthly basis. The court, on motion of the prosecuting attorney, on petition of any person entitled to restitution pursuant to a court order or on its own motion, shall require the defendant to show cause why the defendant's default should not be treated as contempt and may issue a summons or a warrant of arrest for the defendant's appearance.
C. In addition to any other remedy provided by law, including a writ of execution or other civil enforcement, the court, on receipt of a petition and issuance of an order to show cause, has jurisdiction to preserve rights over all restitution liens entered pursuant to section 13‑806, subsection B, and perfected pursuant to section 13-806, subsection E.
C. D. At any hearing on the order to show cause the court, the prosecuting attorney or a person entitled to restitution may examine the defendant under oath concerning the defendant's financial condition, employment and assets or on any other matter relating to the defendant's ability to pay restitution.
D. E. If the court finds that the defendant has wilfully failed to pay a fine, a fee, restitution or incarceration costs or finds that the defendant has intentionally refused to make a good faith effort to obtain the monies required for the payment, the court shall find that the default constitutes contempt and may do one of the following:
1. Order the defendant incarcerated in the county jail until the fine, fee, restitution or incarceration costs, or a specified part of the fine, fee, restitution or incarceration costs, is paid.
2. Revoke the defendant's probation, parole or community supervision and sentence the defendant to prison pursuant to law.
3. Enter an order pursuant to section 13‑812. The levy or execution for the collection of a fine, a fee, restitution or incarceration costs does not discharge a defendant who is incarcerated for nonpayment of the fine, fee, restitution or incarceration costs until the amount of the fine, fee, restitution or incarceration costs is collected.
4. Order the defendant to perform community restitution.
E. F. If the court finds that the default is not wilful and that the defendant cannot pay despite sufficient good faith efforts to obtain the monies, the court may take any lawful action including:
1. Modify the manner in which the restitution, fine, fee or incarceration costs are to be paid.
2. Enter any reasonable order that would assure compliance with the order to pay.
3. Enter an order pursuant to section 13‑812. The levy or execution for the collection of a fine, a fee, restitution or incarceration costs does not discharge a defendant incarcerated for nonpayment of the fine, fee, restitution or incarceration costs until the amount of the fine, fee, restitution or incarceration costs is collected.
F. G. If a fine, a fee, restitution or incarceration costs are imposed on an enterprise it is the duty of the person or persons authorized to make disbursement from the assets of the enterprise to pay them from those assets, and their failure to do so shall be held a contempt unless they make the showing required in subsection A or B of this section.
Sec. 11. Section 13-4402, Arizona Revised Statutes, is amended to read:
13-4402. Implementation of rights and duties
A. Except as provided in sections 13‑4404 and 13‑4405, the rights and duties that are established by this chapter arise on the arrest or formal charging of the person or persons who are alleged to be responsible for a criminal offense against a victim. The rights and duties continue to be enforceable pursuant to this chapter until the final disposition of the charges, including acquittal or dismissal of the charges, all post‑conviction release and relief proceedings and the discharge of all criminal proceedings relating to restitution. If a defendant is ordered to pay restitution to a victim, the rights and duties continue to be enforceable by the court until restitution is paid or a criminal restitution order is entered in favor of the victim pursuant to section 13‑805.
B. If a defendant's conviction is reversed and the case is returned to the trial court for further proceedings, the victim has the same rights that were applicable to the criminal proceedings that led to the appeal or other post‑conviction relief proceeding.
C. After the final termination of a criminal prosecution by dismissal with prejudice or acquittal, a person who has received notice and the right to be present and heard pursuant to the victims' rights act, article II, section 2.1, Constitution of Arizona, any implementing legislation or court rule is no longer entitled to such rights.
Sec. 12. Section 13-4405, Arizona Revised Statutes, is amended to read:
13-4405. Information provided to victim by law enforcement agencies
A. As soon after the detection of a criminal offense as the victim may be contacted without interfering with an investigation or arrest, the law enforcement agency that has responsibility for investigating the criminal offense shall provide electronic forms, pamphlets, information cards or other materials to the victim with a multicopy form:
1. That allows the victim to request or waive applicable rights to which the victim is entitled, on request, under this article.
2. That provides the victim a method to designate a lawful representative if the victim chooses pursuant to section 13‑4403, subsection A or section 13‑4404.
3. That provides notice to the victim of all of the following information:
(a) The victim's right under the victims' bill of rights, article II, section 2.1, Constitution of Arizona, to be treated with fairness, respect and dignity and to be free of intimidation, harassment or abuse throughout the criminal or juvenile justice process.
(b) The availability, if any, of crisis intervention services and emergency and medical services and, where applicable, that medical expenses arising out of the need to secure evidence may be reimbursed pursuant to section 13‑1414.
(c) In cases of domestic violence, the procedures and resources available for the protection of the victim pursuant to section 13‑3601.
(d) The names and telephone numbers of public and private victim assistance programs, including the county victim compensation program and programs that provide counseling, treatment and other support services.
(e) The police report number, if available, other identifying case information and the following statement:
If within thirty days you are not notified of an arrest in your case, you may call (the law enforcement agency's telephone number) for the status of the case.
(f) Whether the suspect is an adult or juvenile, a statement that the victim will be notified by the law enforcement agency at the earliest opportunity after the arrest of a suspect.
(g) If the suspect is an adult and has been arrested, the victim's right, on request, to be informed of the suspect's release, of the next regularly scheduled time, place and date for initial appearances in the jurisdiction and of the victim's right to be heard at the initial appearance and that, to exercise these rights, the victim is advised to contact the custodial agency regarding the suspect's release and to contact the court regarding any changes to the initial appearance schedule.
(h) If the victim chooses to exercise the right to be heard through a written statement, how that statement may be submitted to the court.
(i) That the victim or the immediate family member of the victim, if the victim is killed or incapacitated, has the right to receive one copy of the police report, including any supplements to the report, from the investigating law enforcement agency at no charge pursuant to section 39‑127.
B. If at the time of contact with a law enforcement agency the victim is physically or emotionally unable to request or waive applicable rights, the law enforcement agency shall designate this on the multicopy form in the format that is authorized by subsection A of this section and the entities that may be subsequently affected shall presume that the victim invoked the victim's right to request applicable rights to which the victim is entitled, on request, unless the victim later waives those rights.
C. The law enforcement agency shall submit a copy of the victim's request or waiver of preconviction rights form to the custodial agency and a copy to the prosecutor if a suspect is arrested, at the time the suspect is taken into custody. If there is no arrest, the form copies shall be submitted to the prosecutor at the time the case is otherwise presented to the prosecutor for review. The prosecutor shall submit a copy of the victim's request or waiver of preconviction rights form to the departments or sections of the prosecutor's office, if applicable, that are mandated by this article to provide victims' rights services on request.
D. If the suspected offender is cited and released, the law enforcement agency responsible for investigating the offense shall inform the victim of the court date and how to obtain additional information about the subsequent criminal proceedings.
E. Law enforcement agencies within a county may establish different procedures designed to efficiently and effectively provide notice of the victim's rights pursuant to this section and notice to affected entities of the victim request or waiver information. If different procedures are established, the procedures shall:
1. Be reported to the entities within a county affected by the procedures and reported to the attorney general.
2. Be designed so that custodial agencies and prosecutors within a county receive notice of the victim's request or waiver of the victim's preconviction rights at the same time that an adult suspect is arrested.
3. Be designed so that prosecutors within a county receive notice of the victim's request or waiver of the victim's preconviction rights, if there is no arrest, at the same time that the case is otherwise presented to the prosecutor for review.
4. Provide that the notice to affected entities of a victim's request or waiver of the victim's preconviction rights includes information that affords the affected entity the ability to contact the victim.
5. Be supported by use of electronic forms, brochures, forms or other written materials that are developed by the law enforcement agencies within a county and reviewed by the attorney general pursuant to section 13‑4417, subsection B.
F. If a suspect has not been arrested at the time of contact with the victim pursuant to subsection A of this section, the law enforcement agency that is responsible for investigating the offense shall notify the victim of the arrest of a suspect at the earliest opportunity after the arrest and of the time, place and date for the initial appearance.
Sec. 13. Section 13-4407, Arizona Revised Statutes, is amended to read:
13-4407. Notice of terms and conditions of release
Upon On the request of the victim, the custodial agency shall provide a copy of the terms and conditions of release to the victim unless the accused appeared in response to a summons. In that case, upon on request of the victim, the prosecutor's office shall, on receiving such information, shall provide a copy of the terms and conditions of release to the victim. The copy of the terms and conditions of release may be provided to the victim in an electronic form, pamphlet, information card or other material.
Sec. 14. Section 13-4408, Arizona Revised Statutes, is amended to read:
13-4408. Pretrial notice
A. Within seven days after the prosecutor charges a criminal offense by complaint, information or indictment and the accused is in custody or has been served a summons, the prosecutor's office shall give the victim notice of the following:
1. The victim's rights under the victims' bill of rights, article II, section 2.1, Constitution of Arizona, any implementing legislation and court rule.
2. The charge or charges against the defendant and a clear and concise statement of the procedural steps involved in a criminal prosecution.
3. The procedures a victim shall follow to invoke his right to confer with the prosecuting attorney pursuant to section 13‑4419.
4. The person within the prosecutor's office to contact for more information.
5. The victim's right to request a preconviction restitution lien pursuant to section 13-806.
B. Notwithstanding the provisions of subsection A of this section, if a prosecutor declines to proceed with a prosecution after the final submission of a case by a law enforcement agency at the end of an investigation, the prosecutor shall, before the decision not to proceed is final, notify the victim and provide the victim with the reasons for declining to proceed with the case. The notice shall inform the victim of his right on request to confer with the prosecutor before the decision not to proceed is final. Such notice applies only to violations of a state criminal statute.
Sec. 15. Section 13-4415, Arizona Revised Statutes, is amended to read:
13-4415. Notice of probation modification, termination or revocation disposition matters; notice of arrest
A. On request of a victim who has provided an address or other contact information, the court shall notify the victim of any of the following:
1. A probation revocation disposition proceeding or any proceeding in which the court is asked to terminate the probation or intensive probation of a person who is convicted of committing a criminal offense against the victim.
2. Any hearing on a proposed modification of the terms of probation or intensive probation.
3. The arrest of a person who is on supervised probation and who is arrested pursuant to a warrant issued for a probation violation.
B. On request of a victim who has provided a current address or other current contact information, the probation department shall notify the victim of the following:
1. Any proposed modification to any term of probation if the modification affects restitution or incarceration status or the defendant's contact with or the safety of the victim.
2. The victim's right to be heard at a hearing that is set to consider any modification to be made to any term of probation.
3. Any violation of any term of probation that results in the filing with the court of a petition to revoke probation.
4. That a petition to revoke probation alleging that the defendant absconded from probation has been filed with the court.
5. Any conduct by the defendant that raises a substantial concern for the victim's safety.
C. If a victim has requested postconviction notice, the court shall provide notice of that request to the state department of corrections and the board of executive clemency if a defendant's probation is revoked and the defendant is committed to the custody of the state department of corrections.
D. On the request of a victim, the state department of corrections shall provide the victim with the notices that are required by sections 13‑4412 and 13‑4413.
E. On the request of the victim, the board of executive clemency shall provide the victim with the notice that is required by section 13‑4414.
Sec. 16. Section 13-4428, Arizona Revised Statutes, is amended to read:
13-4428. Victim's discretion; form of statement
A. It is at the victim's discretion to exercise his the victim's rights under this chapter to be present and heard at a court proceeding, and the absence of the victim at the court proceeding does not preclude the court from going forth with the proceeding.
B. Except as provided in subsection C of this section, a victim's right to be heard may be exercised, at the victim's discretion, through an oral statement, submission of a written statement or submission of a statement through audiotape or videotape or any other video or digital media that is available to the court.
C. If a person against whom a criminal offense has been committed is in custody for an offense, the person may be heard by submitting a written statement to the court.
Sec. 17. Section 22-116, Arizona Revised Statutes, is amended to read:
22-116. Funds in possession of justice of the peace; deposit with county treasurer; payment to claimants; disposition of unclaimed funds
A. On or before April 1 each year, every justice of the peace whose court is in possession of funds obtained from any source for more than two years shall pay the funds to the county treasurer and shall provide the treasurer with an itemized list showing the name of the person depositing the money with the justice, whether the money was a victim restitution payment, the date of the deposit and the amount.
B. The treasurer shall deposit the money in an account known as the suspension account, and at any time within one year from deposit of the funds the amount owing any person shall be returned and paid to the person on warrant issued by the board of supervisors. The board of supervisors shall require strict proof that the money should be repaid to the person claiming it, and the warrant, if issued, shall be paid from the suspension fund.
C. One year after deposit of the money with the county treasurer, the county treasurer shall Transfer all unclaimed victim restitution payment monies in the suspension account to the state treasurer for deposit in the victim compensation and assistance fund established by section 41‑2407 and deposit all money remaining in the suspension account for which no claim has been filed shall be deposited in the general fund of the county.
Sec. 18. Section 41-2407, Arizona Revised Statutes, is amended to read:
41-2407. Victim compensation and assistance fund; subrogation
A. The victim compensation and assistance fund is established. The Arizona criminal justice commission shall administer the fund. The victim compensation and assistance fund shall consist of monies collected pursuant to section 12‑116.01 and distributed pursuant to section 41‑2401, subsection D, paragraph 14, monies collected pursuant to section 31‑411, subsection E and sections 13‑4311, 31‑418, 31‑467.06 and 41‑1674, unclaimed victim restitution monies pursuant to section sections 22‑116 and 44‑313 and monies available from any other source.
B. Subject to legislative appropriation, the Arizona criminal justice commission shall allocate monies in the victim compensation and assistance fund to public and private agencies for the purpose of establishing, maintaining and supporting programs that compensate and assist victims of crime.
C. The allocation of monies pursuant to this section shall be made in accordance with rules adopted by the Arizona criminal justice commission pursuant to section 41‑2405, subsection A, paragraph 8. The rules shall provide that persons who suffered personal injury or death that resulted from an attempt to aid a public safety officer in the prevention of a crime or the apprehension of a criminal may be eligible for compensation.
D. This state and the applicable operational unit or qualified program, as defined in the victim compensation program rules, are subrogated to the rights of an individual who receives monies from the victim compensation and assistance fund to recover or receive monies or benefits from a third party, to the extent of the amount of monies the individual receives from the fund.
APPROVED BY THE GOVERNOR MAY 1, 2017.
FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 1, 2017.
