Official Summary Text
HB2406 - 572R - Senate Fact Sheet
A
RIZONA
S
TATE
S
ENATE
ZACK DEAN
LEGISLATIVE RESEARCH ANALYST
JUDICIARY
& ELECTIONS COMMITTEE
Telephone: (602) 926-3171
RESEARCH
STAFF
TO:����������������� MEMBERS
OF THE SENATE
�����������������������
JUDICIARY & ELECTIONS COMMITTEE
DATE:����������� March
23, 2026
SUBJECT:�����
Strike
everything amendment to
H.B. 2406
, relating to minors; victims'
rights; public records
Purpose
����������� An
emergency measure that establishes that images and recordings that depict a
deceased minor or child abuse are not subject to public records disclosure,
with outlined exceptions.
Background
����������� All
officers and public bodies must maintain all records reasonably necessary or
appropriate to maintain an accurate knowledge of the officer's or body's
activities and of any activities that are supported by state monies. Each
public body is responsible for the preservation, maintenance, care and
protection of the body's public records. Any person may request to examine or
be furnished public records during regular office hours or through a mailed
copy. A person may request an index of records that have been withheld and the
reasons for the withholding. A custodian may not include information in the
index that is expressly made privileged or confidential by law or court order (
A.R.S.
� 39-121.01
).
�����������
There is no anticipated fiscal impact to the state
General Fund associated with this legislation.
Provisions
1.
Stipulates
that the following public records are confidential and are not subject to
public disclosure:
a)
an image that depicts a deceased minor;
b)
any law enforcement body-worn camera recording, dash camera recording or
other law enforcement video that depicts a deceased minor or the scene where
the minor's death occurred;
c)
any emergency call recording; and
d)
any photograph, video recording or digital image of any part of the body
of a deceased minor that is created during a death investigation.
2.
Stipulates
that public access to law enforcement recordings in special actions does not
apply to any photographs, video recordings, digital images, law enforcement
body-worn camera recordings or dash camera recordings, surveillance recordings
or other visual depictions that show the body of a deceased minor or depict the
scene of the death of a deceased minor.
3.
Allow
any of the aforementioned records to be disclosed to:
a)
the parent or legal guardian of the deceased minor;
b)
the personal representative for the estate of the deceased minor;
c)
a law enforcement agency, prosecutor, medical examiner or other
government entity as part of an official investigation or criminal case; and
d)
a person who is authorized to by an order from a court of competent
jurisdiction on a showing of good cause.
4.
Requires
the court, when determining whether good cause exists, to consider:
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; and
c)
whether
the disclosure will cause emotional harm or trauma to the deceased minor's surviving
family members.
5.
Specifies that a prosecutor in a criminal case involving a deceased
minor may disclose aforementioned records to the defendant's attorney as
provided by law and court rule.
6.
Prohibits the defendant's attorney from further disseminating any record
without a court order on a finding of good cause.
7.
Requires an entity to which such records are released to prohibit the
released record from being copied, photographed or further disseminated.
8.
Exempts written incident reports, investigative summaries or other
records that do not contain a visual depiction of a deceased minor or an
emergency call recording from these requirements.
9.
Classifies the act of knowingly releasing a record in violation of these
requirements as a class 1 misdemeanor, or a class 6 felony if the unlawful
release is made by a government official or employee.
10.
Allows
a parent, legal guardian or estate of a deceased minor to bring a civil action
against any person who knowingly releases, provides or disseminates a record
unlawfully.
11.
Allows the court, in such an
action, to award:
a)
actual damages;
b)
statutory damages of at least $5,000 but not more than $50,000 for each
violation, with each record that is disclosed or distributed constituting a
separate violation;
c)
reasonable attorney fees and costs; and
d)
injunctive
relief prohibiting further dissemination.
12.
Allows
a government entity to discipline or terminate an employee who knowingly commits
a violation.
13.
Prohibits
a person from knowingly monetizing or profiting from a death scene image that
is lawfully obtained.
14.
Stipulates that this
prohibition against monetization does not apply to records that are:
a)
used in a criminal prosecution or official investigation;
b)
possessed by a parent, legal guardian or estate of the deceased minor;
or
c)
disclosed pursuant to a court order on a showing of good cause unless
specifically prohibited by the court.
15.
Subjects
a person who violates this prohibition to a civil penalty of $100,000 for each
violation.
16.
Allows
the Attorney General the appropriate county attorney, or the appropriate city
attorney to enforce this prohibition.
17.
Allows a court, in an action
for unlawfully manipulated death scene images, to order:
a)
the immediate removal of the death scene image from any platform pr
publication that is subject to the court's jurisdiction;
b)
the immediate destruction of any death scene images that are in the
person's possession; and
c)
injunctive
relief to prevent the further manipulation, monetization, or distribution of
the death scene image.
18.
States
that child abuse records are confidential and not subject to public disclosure.
19.
Allows a child abuse record
to be disclosed to:
a)
the parent or legal guardian of the minor, unless the parent or guardian
is the subject of the child abuse investigation;
b)
the minor's legal representative;
c)
a law enforcement agency, prosecutor or child welfare agency for the
purpose of an investigation or formal proceeding;
d)
the defendant's attorney in a criminal case involving the minor as
provided by law and court rule, provided that they are not further disseminated
without court order on a finding of good cause; and
e)
a
person who is authorized by a court of competent jurisdiction on a finding of
good cause.
20.
Requires the court, when
determining whether good cause exists, to consider:
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; and
c)
whether
the disclosure will cause psychological harm or trauma to the minor.
21.
Stipulates
that the prohibition against the release of a child abuse record does not
affect the disclosure of a written report, an investigative summary or
statistical information that does not contain a visual depiction or audio
recording or transcript of the minor victim.
22.
Modifies statute governing
the powers and duties of county medical examiners to stipulate that autopsy
photographs, video recording and digital images depicting the body of a
deceased minor who is a victim are confidential and not subject to public
disclosure, unless the person requesting the disclosure is:
a)
the parent or legal guardian of the minor;
b)
the minor's personal representative for the estate of the deceased
minor;
c)
a law enforcement agency, prosecutor or court for the purpose of an
investigation or criminal proceeding; and
d)
a
person who is authorized by a court of competent jurisdiction on a finding of
good cause.
23.
Modifies
statute enumerating victim's rights to include the right to keep autopsy
photographs, video recordings and digital images depicting the body of a
deceased minor as confidential.
24.
Defines
child abuse record
as any photograph, video recording, digital image,
law enforcement body-worn camera recording or dash camera recording,
surveillance recording, audio recording, 911 emergency service telephone call
or call transcript or other visual or audio depiction that shows or describes a
minor who is the victim of child abuse, or that is created during a criminal
investigation for alleged child abuse.
25.
Defines
death scene image
as 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 scene of the death of a deceased minor.
26.
Defines
deceased minor
,
emergency call recording
and
monetize
.
27.
Makes
technical and conforming changes.
28.
Becomes
effective on signature of the Governor, if the emergency clause is enacted.