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Chapter 0250 - 572R - S Ver of HB2406
Senate Engrossed
House Bill
department
of veterans' services; study
(now: minor victims;
public records prohibition)
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
CHAPTER 250
HOUSE BILL 2406
AN
ACT
amending sections 11-597.02, 13-4434
and 39-121.04, Arizona Revised Statutes; amending title 39, chapter 1,
Arizona Revised Statutes, by adding article 6; relating to public records.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 11-597.02, Arizona Revised
Statutes, is amended to read:
START_STATUTE
11-597.02.
Autopsy photographs, digital images, x-rays and video recordings;
in camera review; exceptions; procedures; immunity
A. Notwithstanding title 39, chapter 1, photographs,
digital images, x-rays and video recordings of human remains that are
created by a medical examiner, alternate medical examiner or their employees or
agents during a death investigation that is conducted pursuant to this chapter
may not be disclosed by a medical examiner, alternate medical examiner or their
employees or agents unless a judge of the superior court grants disclosure of
all or part of the materials after reviewing the materials in camera. The judge
of the superior court shall balance the interests under the public records laws
of this state to determine whether to order disclosure of all or part of the
materials. A person that seeks disclosure of the materials described in this
section may file a petition in the superior court of the county in which the
death investigation occurred for an in camera review of the materials.
B. Notwithstanding the provisions of subsection A of
this section, the following persons may examine and obtain the materials
described in subsection A of this section:
1. The county attorney, attorney general or other
law enforcement agency having jurisdiction, as necessary for the performance of
their duties.
2. The surviving spouse, child, parent, legal
guardian, grandparent, grandchild or sibling of the decedent or their legal
representative or designated agent.
3. A personal representative of the decedent's
estate or a person designated by the decedent before death.
4. Federal, state or local governmental authorities,
including public health officers, as necessary for the performance of their
duties.
5. The attending physician or nurse practitioner.
6. A medical or scientific body or university or
other educational institution for educational or research purposes, provided
that the materials used do not reveal the decedent's identity.
7. An attorney for a defendant or petitioner in any
criminal or postconviction proceeding for purposes of assisting representation
in that proceeding.
c. nOTWITHSTANDING SUBSECTIONS a AND
b OF THIS SECTION, photographs, digital images, x-rays and video
recordings of human remains OF A MINOR that are created by a medical examiner,
alternate medical examiner or their employees or agents during a death
investigation MAY BE EXAMINED BY OR RELEASED TO ONLY THE FOLLOWING:
1. tHE PARENT OR LEGAL GUARDIAN OF
THE DECEASED MINOR.
2. tHE PERSONAL REPRESENTATIVE FOR
THE ESTATE OF THE DECEASED MINOR.
3. a LAW ENFORCEMENT AGENCY,
PROSECUTION AGENCY, CHILD WELFARE AGENCY AS DEFINED IN SECTION 8-501 OR
COURT FOR THE PURPOSE OF AN INVESTIGATION OR COURT PROCEEDING.
4. a CHILD FATALITY REVIEW TEAM
ESTABLISHED PURSUANT TO TITLE 36, CHAPTER 35.
5. aN ATTORNEY FOR THE DEFENDANT OR
PETITIONER IN A CRIMINAL OR POSTCONVICTION PROCEEDING FOR THE PURPOSE OF
ASSISTING THE ATTORNEY's REPRESENTATION IN THAT PROCEEDING.
6. The attending physician or nurse
practitioner.
7. a PERSON WHO IS AUTHORIZED BY A
COURT ON A FINDING OF GOOD CAUSE.
C.
d.
Nothing in
This section
shall
DOES NOT
affect the conduct of trials or the discovery process
as provided by law or court rule.
D.
e.
The
medical examiner or alternate medical examiner may prescribe procedures for the
issuance of materials pursuant to
subsection
SUBSECTIONS
B
AND
C
of this section, including reproduction fees.
E.
f.
A
cause of action may not arise against the county medical examiner, alternate
medical examiner or their employees or agents, or the county for lawfully
disclosing a death investigation photograph, digital image, x-ray or
video recording pursuant to this section.
END_STATUTE
Sec. 2. Section 13-4434, Arizona Revised
Statutes, is amended to read:
START_STATUTE
13-4434.
Victim's right to privacy; redaction of victim's name; deceased
minor's pictures and videos; exceptions; 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, the defendant's attorney or any
of the attorney's staff.
C. Autopsy photographs, video
recordings and digital images depicting the body of a deceased minor are
confidential, and the minor victim's LAWFUL representative, parent or legal
guardian has a right to not have the image or recording disclosed to anyone
except as specifically provided by law or court rule.
C.
D.
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
agencies
and prosecution agencies or a court.
3. Any records if the victim or, if the victim is a
minor, the victim's
lawful
representative as designated
under section 13-4403 has consented to the release of the information.
4. The general location at which the reported crime
occurred.
5. The victim's address, if the victim's address
appears in any body-worn camera footage, photographs or other visual or
audio depictions and there is evidence that the defendant knows the victim's
address because of a relationship set forth in section 13-3601,
subsection A.
D.
E.
Notwithstanding
subsections A and B of this section, a court may order the victim's identifying
and locating information to be disclosed in a specific case if it is necessary
to protect the defendant's constitutional rights or when the information is not
reasonably able to be redacted because of undue burden or expense. Before the
court discloses the information, the victim must be notified and has the right
to be heard by the court. If the disclosure is made to the
defendant's attorney, the defendant's attorney may not disclose the information
to any person other than the attorney's staff and a designated investigator.
The defendant's attorney may not provide the disclosed information to the
defendant without specific authorization from the court.
E.
F.
On
the request of a victim, the victim's name that is obtained, compiled or
reported by a law enforcement agency or prosecution agency may be redacted by
the originating agency and prosecution agencies from records that pertain to
the criminal case involving the victim and that are released pursuant to a
public records request if the agency reasonably expects that the release of the
victim's name will result in harassment of the victim, threats to the victim's
safety or witness tampering.
F.
g.
Subsection
E
F
of this section does not
apply to any of the following:
1. Any record that is transmitted between law
enforcement agencies and prosecution agencies or a court or that is disclosed
to the defendant, the defendant's attorney or any of the attorney's staff.
2. Any record regarding a victim who is deceased.
3. Any record if the victim or, if the victim is a
minor or vulnerable adult as defined in section 13-3623, the victim's
LAWFUL
representative as designated under section 8-384
or 13-4403
,
has consented to the release of
the information.
4. Any record that a court of competent jurisdiction
has ordered to be disclosed or
for which
a rule of
procedure requires the release
of a record
to a party.
5. Any record if the law enforcement agency or
prosecution agency has received a notice of final disposition in the criminal
case.
G.
H.
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, email address and place of employment.
END_STATUTE
Sec. 3. Section 39-121.04, Arizona Revised
Statutes, is amended to read:
START_STATUTE
39-121.04.
Public access to law enforcement records depicting certain
witnesses or crime victims; victim rights; applicability
A. In a special action brought pursuant to this
article for the release of any record created or received by or in the
possession of a law enforcement
agency
or prosecution
agency that relates to a criminal investigation or prosecution and that
visually depicts the image of a witness under eighteen years of age or a victim
as defined in section 13-4401, the petitioner shall establish that the
public's interest in disclosure outweighs the witness's or victim's right to
privacy.
B. A victim whose image is depicted in a record
described in subsection A of this section has the right to be present at and to
be heard in any action brought pursuant to this article for the release of
records described in subsection A of this section.
C. This section does not apply to any
photograph, video recording, digital image, law enforcement body-worn camera
recording or dash camera recording, surveillance recording or other visual
depiction that shows the body of a deceased minor or depicts the
location where the death
occurred, if known.
END_STATUTE
Sec. 4. Title 39, chapter 1, Arizona Revised
Statutes, is amended by adding article 6, to read:
ARTICLE 6. RECORDS of MINOR
VICTIMS
START_STATUTE
39-174.
Definitions
In this
article, unless the context otherwise requires:
1. "Child abuse record"
means any photograph, video recording, digital image, law enforcement body-worn
camera recording or dash camera recording, surveillance recording, forensic
interview recording, audio recording, 911 emergency service telephone call
recording or other visual or audio depiction that shows or describes a minor
who is the victim of child abuse as prescribed in section 13-3623 or that
is created during a criminal investigation for alleged child abuse.
2. "Child welfare agency"
has the same meaning PRESCRIBED in section 8-501.
3. "Death scene image"
means any photograph, video recording, digital image, law enforcement body-worn
camera recording or dash camera recording, surveillance recording or other
visual depiction that shows the body of a deceased minor or depicts the
location where the death
occurred, if known.
4. "Deceased minor" means a
person who is under eighteen years of age at the time of the person's death.
5. "Emergency call
recording" means any audio recording of a 911 emergency service telephone
call or other emergency communication that relates to a deceased minor's death.
6. "Monetize" means to
sell, license, distribute for compensation or use an image to generate
advertising revenue or financial gain.
END_STATUTE
START_STATUTE
39-175.
Deceased minor records; prohibited disclosures; exceptions;
violation; classification; civil action; discipline or termination of employees
A. The following records are
confidential and may not be disclosed pursuant to this chapter or any other
law:
1. An image that depicts a deceased
minor.
2. Any law enforcement body-worn
camera recording, dash camera recording or other law enforcement video
recording that depicts a deceased minor or the
location
where the minor's death occurred
, if known.
3. Any emergency call recording.
4. Any photograph, video recording or
digital image of any part of the body of a deceased minor that is created
during a death investigation.
B. Notwithstanding subsection A of
this section, a record listed in subsection A of this section may be disclosed
to the following:
1. The parent or legal guardian of
the deceased minor unless the parent or legal guardian is the subject of an
investigation involving homicide or child abuse of the deceased minor.
2. The personal representative for
the estate of the deceased minor.
3. A law enforcement agency,
prosecutor, medical examiner
, child welfare agency or
other government entity as part of an official investigation or
court proceeding.
4. a person who is authorized By an
order from A court of competent jurisdiction on a finding of good cause. In
determining whether good cause exists, the court shall consider all of the
following:
(
a
) The privacy
interests of the deceased minor's surviving family members.
(
b
) Whether the
disclosure is necessary to evaluate the conduct of a public official or agency.
(
c
) Whether the
disclosure will cause emotional harm or trauma to the deceased minor's
surviving family members.
5. A CHILD FATALITY REVIEW TEAM
ESTABLISHED PURSUANT TO TITLE 36, CHAPTER 35.
C. In a criminal case involving a
deceased minor, the prosecutor
shall disclose the records
listed in subsection A of this section to the defendant's attorney as provided
by law and court rule. The defendant's attorney
may share
the records with a person who is employed to assist with the defense in the
criminal case, but the records may not
be further
DISSEMINATED without a court order on a finding of good cause.
D. If a record is released pursuant
to subsection B or C of this section, the person receiving the record is
prohibited from further disseminating the record
, except
as follows:
1. As authorized pursuant to
subsection B or C of this section.
2. The parent or legal guardian of
the deceased minor or the personal representative of the deceased minor's
estate may disclose a record listed in subsection A of this section.
3. To any person or entity for any
purpose that is related to investigating an insurance claim or prosecution or
defense of a personal injury or wrongful death claim involving or relating to a
deceased minor.
E. this section does not apply to a
written incident report, investigative summary or other record that does not
contain a visual depiction of the deceased minor or an emergency call
recording.
F. A person who knowingly releases a
record
TO AN UNAUTHORIZED PERSON in violation of this
section is guilty of a class 1 misdemeanor.
G. The parent, legal guardian or
estate of a deceased minor may bring a civil action against any person who
knowingly releases, provides or disseminates a record in violation of this
section. in any action under this subsection, The court may award the
following:
1. Actual damages.
2. Statutory damages of at least
$5,000 and not more than $50,000 for each violation. Each record that is
disclosed or distributed in violation of this section is a separate violation.
3. Reasonable attorney fees and
costs.
4. Injunctive relief prohibiting
further dissemination.
H. A government entity may discipline
or terminate an employee who knowingly violates this section.
END_STATUTE
START_STATUTE
39-176.
Death scene images; prohibited monetization; civil penalty;
exceptions
A. A person may not monetize or
profit from a death scene image that is obtained pursuant to this article.
B. A person who violates this section
is subject to a civil penalty of $100,000 for each violation.
C. This
section does not apply to a death scene image when the image is either:
1. Used
in a criminal prosecution or official investigation.
2. possessed by the parent, legal
guardian or estate of the deceased minor.
3. disclosed pursuant to a court on a
showing of good cause unless SPECIFICALLY prohibited by the court.
END_STATUTE
START_STATUTE
39-177.
Child abuse records; prohibited disclosure; exceptions; good
cause determination
A. child abuse records are
confidential and are not subject to disclosure pursuant to this article.
B. Notwithstanding subsection A of
this section, a child abuse record may be disclosed to the following:
1. The parent or legal guardian of
the minor unless the parent or legal guardian is the subject of the child abuse
investigation or a homicide investigation.
2. The minor's legal representative.
3. A law enforcement agency,
prosecutor
, medical examiner, court or child welfare
agency for the purpose of an investigation or
court
proceeding.
4. a person who is authorized By an
order from A court of competent jurisdiction on a finding of good
cause. In determining whether good cause exists, the court shall
consider all of the following:
(
a
) The privacy
and safety interests of the minor.
(
b
) Whether the
disclosure is necessary to evaluate the conduct of a public official or agency.
(
c
) Whether the
disclosure will cause psychological harm or trauma to the minor.
5. A child fatality review team
established pursuant to title 36, chapter 35.
c. this section does not prohibit
either of the following:
1. the disclosure of a written report, an
investigative summary or statistical information that does not contain a visual
depiction or audio recording of the minor victim.
2. The department of child safety
from disclosing child abuse records pursuant to section 8-807.
D. In a criminal case, the prosecutor
shall disclose child abuse records to the defendant's attorney as provided for
by law and court rule. The defendant's attorney may share the child abuse
records with a person who is employed to assist with the defense in the
criminal case, but the child abuse records may not be further disseminated
without a court order on a finding of good cause.
E. A person who receives a child
abuse record pursuant to subsection B of this section may not further
disseminate the record.
END_STATUTE
START_STATUTE
39-178.
Death scene images; deceased minor and child abuse records; civil
action; enforcement; investigation authority
A. The attorney general, the county
attorney in the county where the record originated or the city or town attorney
in the city or town where the record originated may bring a civil action to
enforce this article. in any action under this article, The court may order all
of the following:
1. The immediate removal of the
deceased minor record, death scene image or child abuse record from any
platform or publication that is subject to the court's jurisdiction.
2. The immediate destruction of any
deceased minor record, death scene image or child abuse record that is in the
person's POSSESSION.
3. Injunctive relief to prevent any
further monetization or distribution of the deceased minor record, DEATH scene
image or child abuse record.
B. The attorney general, the county
attorney or the city or town attorney who has the authority to file a civil
action pursuant to this section has the authority to investigate any alleged
violation of this article, including the power to SUBPOENA records or examine a
person under oath.
END_STATUTE
(ENACTED
WITHOUT THE EMERGENCY)
Sec. 5.
Emergency
This act is an emergency measure that
is necessary to preserve the public peace, health or safety and is operative
immediately as provided by law.
APPROVED BY THE GOVERNOR JUNE 22, 2026.
FILED IN THE OFFICE OF THE SECRETARY OF STATE JUNE 22, 2026.