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Crime Victim's Bill of Rights and Additional Victim's Rights
Victims’ Rights Definitions: ARS 13-4401 (Adult) & ARS 8-382 (Juvenile).
Crime Victim’s Bill of Rights
For a full list of victims' rights, please refer to Title 30, Chapter 40 within Arizona Revised Statutes.
Section 2.1. (A) To preserve and protect victims' rights to justice and due process, a victim of crime has a right:
1. To be treated with fairness, respect, and dignity, and to be free from intimidation, harassment, or abuse, throughout the criminal justice process.
2. To be informed, upon request, when the accused or convicted person is released from custody or has escaped.
3. To be present at and, upon request, to be informed of all criminal proceedings where the defendant has the right to be present.
4. To be heard at any proceeding involving a post-arrest release decision, a negotiated plea, and sentencing.
5. To refuse an interview, deposition, or other discovery request by the defendant, the defendant's attorney, or other person acting on behalf of the defendant.
6. To confer with the prosecution, after the crime against the victim has been charged, before trial or before any disposition of the case and to be informed of the disposition.
7. To read pre-sentence reports relating to the crime against the victim when they are available to the defendant.
8. To receive prompt restitution from the person or persons convicted of the criminal conduct that caused the victim's loss or injury.
9. To be heard at any proceeding when any post-conviction release from confinement is being considered.
10. To a speedy trial or disposition and prompt and final conclusion of the case after the conviction and sentence.
11. To have all rules governing criminal procedure and the admissibility of evidence in all criminal proceedings protect victims' rights and to have these rules be subject to amendment or repeal by the legislature to ensure the protection of these rights.
12. To be informed of victims' constitutional rights.
(B) A victim's exercise of any right granted by this section shall not be grounds for dismissing any criminal proceeding or setting aside any conviction or sentence.
(C) "Victim" means a person against whom the criminal offense has been committed or, if the person is killed or incapacitated, the person's spouse, parent, child or other lawful representative, except if the person is in custody for an offense or is the accused.
(D) The legislature, or the people by initiative or referendum, have the authority to enact substantive and procedural laws to define, implement, preserve and protect the rights guaranteed to victims by this section, including the authority to extend any of these rights to juvenile proceedings.
(E) The enumeration in the constitution of certain rights for victims shall not be construed to deny or disparage others granted by the legislature or retained by victims.
Victim Rights Laws
Arizona Victims’ Bill of Rights (remove tab and add here) https://www.azleg.gov/const/2/2_1.htm
Victims’ Rights for Adult Offenses, Title 13, Chapter 40 https://www.azleg.gov/arsDetail/?title=13
Victims’ Rights for Juvenile Offenses, Title 8, Chapter 3, Article 7 https://www.azleg.gov/arsDetail/?title=8
Rule 39, Rules of Criminal Procedure
Federal laws prohibit discrimination on the basis of race, color, national origin, religion, sex, age or disability. If you believe that you have experienced discrimination, you are encouraged to file a civil rights complaint as soon as possible. In most circumstances, you have only one year from the date of the incident to do so. To file a complaint, please complete the Compliant Verification Form at https://ojp.gov/about/ocr/pdfs/cvf.pdf and the Identity Release Statement at https://ojp.gov/about/ocr/pdfs/identity_rel.pdf. Then submit both forms to any of the following entities:
Office of Civil Rights
Office of Justice Programs
U.S. Department of Justice
810 Seventh Street NW Washington, DC 20531
Arizona Department of Public Safety
VOCA Administration, MD3915
Civil Rights Coordinator
P.O. Box 6638
Phoenix, AZ 85005-6638
Office of the Arizona Attorney General
Civil Rights Division 1275 W. Washington Street
Phoenix, AZ 85007
Rights of Legal Entities & Businesses
Victim rights for legal entities are limited. A cooperation, partnership, association or other legal entity are afforded the following rights:
- Notification of right to appear and be heard at any proceeding relating to restitution or sentencing of the person convicted of committing the criminal offense against the legal entity.
- Notification of right to submit to the court a written statement containing information and opinion on restitution and sentencing.
- On request of the victim, notify of the date, time and place of any proceeding relating to restitution or sentencing of the person convicted of committing the criminal offense against the legal entity.
- A lawful representative of the legal entity has the right, if present, to be heard at any proceeding relating to restitution or disposition of the case.
Rights of Neighborhood Associations
A neighborhood association may register with the city, town or county in which the neighborhood association is located to invoke the rights that are afforded pursuant to this article. The city, town or county shall establish procedures for the registration of neighborhood associations pursuant to this section. The procedures shall require the neighborhood association to provide to the city, town or county the name and telephone number of one person who shall act on behalf of the neighborhood association and who may receive notice or invoke rights pursuant to this section. The neighborhood association shall notify the city, town or county of any changes to this information. If the neighborhood association fails to keep this information current, the neighborhood association is deemed to have waived its rights under this section. For a neighborhood association to invoke their rights as a victim, the person who is registered with the city, town or county shall contact the law enforcement agency responsible for the arrest.
Pretrial Defense Interviews
PRETRIAL DEFENSE INTERVIEWS 13-4433 & 8-412 (Victim’s right to refuse an interview).
The victim of a crime has the right to decide whether they would like to grant or refuse to submit to a pre-trial/defense interview, deposition or other discovery requests by the defendant’s attorney or investigator. If the defense attorney wishes to interview the victim, he or she must make his/her request through the Deputy County Attorney. The assigned victim advocate will notify the victim of their rights regarding the pre-trial/defense interview. If the victim agrees to an interview, they are entitled to the following rights:
- The defendant’s attorney or agent of the defendant shall only initiate contact with the victim through the prosecutor’s office.
- Have a member of the County Attorney’s Office be present during the interview.
- Be accompanied to the interview by a relative or support person, who is not a witness to the case.
- Refuse to answer any questions during the interview.
- Terminate the interview at any time.
- Place reasonable conditions for the interview (date, time, duration and location).
Right To Leave Work
Victims are not required to attend court unless they are subpoenaed, however they do have the right to attend any hearing at which the defendant has the right to be present ARS 13-4420. The Pinal County Attorney’s Office will make every effort to minimize the time the victim spends in court.
By law, if the victim’s employer is in Arizona and has 50 or more employees in each of twenty or more calendar weeks in the current or preceding calendar year, the victim has the right to leave work to attend court proceedings in their case or to obtain an Order of Protection or Injection Against Harassment, or any other injunctive relief to ensure the health, safety or welfare of the victim or the victim’s child. However, an employer is not required to compensate an employee who is a victim of a crime. The employer may require the victim to utilize accrued vacation leave, personal leave or sick time. The employer may not refuse to hire, dismiss or demote an employee when they exercise their right to leave work. An employer may limit the leave provided it creates an undue hardship on the business. In order to leave work pursuant to this right the employee must:
- Provide the employer with a copy of the form provided to them by the law enforcement agency.
- If applicable, give the employer a copy of the notice of each scheduled proceeding provided to the victim by the agency responsible for notification.
The employer shall keep confidential records regarding the employee’s leave. For more information, please refer to our Crime Victims’ Right to Leave Work brochure.
Petition To Restore Right To Possess A Firearm: Right To Be Heard
The victim has a right to be present and heard at any proceeding in which the defendant has filed to have their rights to possess a firearm restored ARS 13-4441. In order for this right to be invoked the victim has to complete a Post-Conviction Notification Request form and return it to the Pinal County Attorney’s Office, Victim Services Division.
Factual Innocence: Right To Be Present And Heard
Per ARS 12-771, a person, or a prosecuting agency on behalf of the person, may petition the superior court for a judicial determination of the person’s factual innocence if as a result of the person’s personal identifying information being taken, the person’s name was either:
- Used by another person, who was arrested, cited or charged with a criminal offense
- Entered as a record of judgement of guilt in a criminal case.
Pursuant to ARS 13-4440, the victim has a right to be present and heard at any proceeding in which a person’s factual innocence is being considered. The victim will receive written notice of the time, date and location of the hearing. If the court makes a determination of factual innocence, the prosecuting agency shall provide the victim with a copy of the court order within fifteen days after the order is entered.
Landmark Victim’s Rights Cases