sexual assault survivors; rights

HB2717 - 572R - I Ver

REFERENCE TITLE:
sexual assault survivors; rights

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 2717

Introduced by

Representatives
Villegas: Abeytia, Austin, Cavero, De Los Santos, Garcia, Gutierrez, Liguori,
Luna-N�jera, M�rquez, Mathis, Sandoval, Simacek, Stahl Hamilton

AN
ACT

amending section 12-2240, Arizona
revised Statutes, amending title 13, chapter 40, Arizona Revised Statutes, by
adding section 13-4444; relating to crime victims' rights.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 12-2240, Arizona Revised
Statutes, is amended to read:

START_STATUTE
12-2240.

Sexual assault victim advocate; privilege; exception; training;
supervision; definition

A. In a civil action, a sexual assault victim
advocate shall not be examined as to any communication made by the sexual
assault victim to the sexual assault victim advocate.

B. This section does not apply to:

1. A civil action brought pursuant to title 36,
chapter 37, relating to the civil commitment of sexually violent persons.

2. A sexual assault victim advocate's duty to report
pursuant to section 13-3620.

C. Unless the sexual assault program or service
provider has immunity under other provisions of law, the communication is not
privileged if the sexual assault victim advocate knows or should have known
that the victim will give or has given perjurious statements or statements that
would tend to disprove the existence of sexual assault.

D. A party to an action may make a motion for
disclosure of privileged information under this section and, if the court finds
reasonable cause, the court shall hold a hearing in camera as to whether the
privilege should apply.

E. To qualify for the privilege prescribed in this
section, a sexual assault victim advocate must have at least thirty hours of
training in assisting victims of sexual assault. A portion of this
training must include an explanation of privileged communication and the
reporting requirements prescribed in section 13-3620.� The training may
be provided by the sexual assault program or service provider or by an outside
agency that issues a certificate of completion. The records
custodian of the sexual assault program or service provider must maintain the
training documents.

F. A sexual assault victim advocate who is a
volunteer shall perform all activities under qualified supervision.

G. COMMUNICATIONS BETWEEN A SEXUAL
ASSAULT SURVIVOR AND A SEXUAL ASSAULT VICTIM ADVOCATE are CONFIDENTIAL AND
PRIVILEGED, INCLUDING INFORMATION that is DISCLOSED IN THE PRESENCE OF THIRD
PERSONS durING A MEDICAL EVIDENTIARY OR PHYSICAL EXAMINATION OR during a LAW
ENFORCEMENT INTERVIEW. THE PRESENCE OF A SEXUAL ASSAULT VICTIM ADVOCATE DOES
NOT DEFEAT ANY EXISTING PRIVILEGE OTHERWISE GUARANTEED BY LAW.

H. If a sexual assault survivor
waives THE RIGHT TO A SEXUAL ASSAULT VICTIM ADVOCATE, the waiver is PRIVILEGED.

G.

I.
For
the purposes of this section, "sexual assault victim advocate" means
a person who is an employee of or volunteer at a sexual assault program or
service provider for victims of sexual assault and who meets the training
requirements of this section.
END_STATUTE

Sec. 2. Title 13, chapter 40, Arizona Revised
Statutes, is amended by adding section 13-4444, to read:

START_STATUTE
13-4444.

Sexual assault survivor rights; definitions

A. In
addition to the rights enumerated in the victims' bill of rights, article ii,
section 2.1, constitution of arizona, a sexual assault survivor has the
following rights:

1. To consult with a sexual assault
victim advocate during any medical evidentiary or physical examination and
during any interview by a peace officer, prosecutor or defense attorney.� A
sexual assault survivor retains this right even if the sexual assault survivor
has waived this right in a previous examination or interview.

2. To not be charged directly or
indirectly for any costs incurred by a qualified health care professional,
hospital or other emergency medical facility for the medical evidentiary
examination of a sexual assault survivor.

3. To be able to obtain a sexual
assault forensic medical examination at any qualified health care provider or
advocacy center within this state.

4. Before a facility commences a
medical evidentiary or physical examination of a sexual assault survivor, to be
informed of the following:

(
a
) the sexual
assault survivor's rights pursuant to this section and other relevant laws in a
document that is developed by the attorney general and that is signed by the
sexual assault survivor to confirm receipt.

(
b
) the sexual
assault survivor's right to consult with a sexual assault victim advocate who
is summoned by the medical facility before the medical evidentiary or physical
examination commences unless a sexual assault victim advocate cannot be
summoned in a reasonably timely manner.

(
c
) if a sexual
assault victim advocate cannot be summoned in a reasonably timely manner, the
ramifications of delaying the medical evidentiary or physical examination.

(
d
) after the
medical evidentiary or physical examination, the sexual assault survivor's
right to shower at no cost unless showering facilities are not available.

5. Before commencing an interview, to
have a peace officer or prosecutor inform the sexual assault survivor of the
following rights:

(
a
) the sexual
assault survivor's rights pursuant to this section and other relevant laws in a
document that is developed by the attorney general and that is signed by the
sexual assault survivor to confirm receipt.

(
b
) the sexual
assault survivor's right to consult with a sexual assault victim advocate
during an interview by a peace officer, prosecutor or defense
attorney. The interviewer must summon the sexual assault victim
advocate before commencing the interview unless a sexual assault victim
advocate cannot be summoned in a reasonably timely manner.

(
c
) the sexual
assault survivor's right to be interviewed by a peace officer or prosecutor of
the same gender or opposite gender as the sexual assault survivor prefers
unless a peace officer or prosecutor of the same gender or opposite gender is
not reasonably available.

6. To have counsel present
during all stages of any medical examination, investigation or other
interaction with representatives from the legal and criminal justice
systems. Treatment of the sexual assault survivor should not be
affected or altered in any way as a result of the sexual assault survivor's
decision to exercise the right to have counsel present during any interaction
with the legal and criminal justice systems.

7. To have a prompt analysis of
sexual assault kit evidence as provided by section 13-1426.

8. To have a medical provider,
when conducting a medical evidentiary examination to collect sexual assault kit
evidence, inform the sexual assault survivor of the following:

(
a
) That the
sexual assault kit evidence will be transported to the crime laboratory and
analyzed as soon as practicable unless the sexual assault survivor requests in
writing that the crime laboratory defer analysis of the sexual assault kit evidence.

(
b
) That the
crime laboratory will retain the sexual assault kit evidence in accordance with
section 13-4221.

(
c
) that the
sexual assault survivor may request that the crime laboratory analyze the
sexual assault kit evidence at any later date that is before the expiration of
the retention period prescribed in section 13-4221.

9. To have a medical provider,
within forty-eight hours after collecting sexual assault kit evidence,
notify the law enforcement agency that has jurisdiction over the alleged
assault as prescribed in section 13-1426.

10. To not have sexual assault
kit evidence used for any of the following:

(
a
) to prosecute
a sexual assault survivor for a misdemeanor offense or any offense included in
chapter 34 of this title.

(
b
) as a basis
to search for further evidence of any unrelated misdemeanor offense or any
offense included in chapter 34 of this title that may have been committed by
the sexual assault survivor.

11. On the request of the sexual
assault survivor, to have the court clear the courtroom of all persons when the
sexual assault survivor is testifying regarding the sexual assault in any civil
or criminal trial, except that parties to the action and their immediate
families or guardians, attorneys and their secretaries, officers of the court,
jurors, court reporters and, at the request of the sexual assault survivor,
witnesses designated by the prosecutor may remain in the courtroom.

12. To not be required to submit
to a polygraph examination as a prerequisite to filing an accusatory pleading
or to participating in any part of the criminal justice system.

13. To be heard through a
survivor impact statement at any proceeding involving a postarrest release
decision, a plea, sentencing, a postconviction release decision or any other
proceeding in which a right of the sexual assault survivor is at issue and the
right to provide a sentencing recommendation to the probation department
employee who conducts a presentence investigation.

B. On initial interaction with a
sexual assault survivor, a peace officer or medical provider shall provide the
sexual assault survivor with a document, in addition to the information that is
required under section 13-4405, that provides the following:

1. A clear statement that a sexual
assault survivor is not required to participate in the criminal justice system
or to receive a medical evidentiary or physical examination in order to retain
the rights provided by this section and other relevant laws.

2. Telephone and internet means of
contacting nearby sexual assault crisis centers and sexual assault victim
advocates.

3. Forms of law enforcement
protection available to the sexual assault survivor, including temporary
protection orders and the process to obtain an order of protection.

4. Instructions for tracking the
results of the analysis of the sexual assault survivor's forensic evidence.

5. State and federal compensation
monies available for medical and other costs associated with the sexual assault
and information on any municipal, state or federal rights to restitution for
sexual assault survivors.

C. On written request by a sexual
assault survivor, a peace officer shall furnish a free, complete and unaltered
copy of all law enforcement reports concerning the sexual assault, regardless
of whether the report has been closed by the law enforcement agency.

D. On written request by a sexual
assault survivor, a prosecutor shall provide the following:

1. Timely notice of any pretrial
disposition of the case as required by this chapter.

2. Timely notice of the final
disposition of the case, including the conviction, sentence and place and time
of incarceration, as required by this chapter.

3. Timely notice of a convicted
defendant's location, including whenever the defendant receives a temporary,
provisional or final release from custody, escapes from custody, is moved from
a secure facility to a less secure facility or reenters custody, as required by
this chapter.

4. A convicted defendant's
information on a sex offender registry, if any.

E. For the purposes of this section:

1. "crime laboratory" means
a laboratory that is operated by a political subdivision, that has at least one
regularly employed forensic scientist who holds a minimum of a bachelor's
degree in a physical or natural science and that is registered as an analytical
laboratory with the drug enforcement administration of the united states
department of justice for the possession of all scheduled controlled
substances.

2. "sexual assault kit
evidence" or "kit" means any human biological specimen that is
collected by a medical provider during a forensic medical examination from an
alleged sexual assault survivor, including, when circumstances indicate the
need, a toxicology kit.

3. "sexual assault
survivor" or "survivor":

(
a
) Means a
person who is a victim of sexual assault pursuant to section 13-1406.

(
b
) Includes
the parent, the guardian, the spouse, another person related to the sexual
assault survivor by consanguinity or affinity to the second degree or a lawful
representative of the sexual assault survivor if the sexual assault survivor is
incompetent, deceased or a minor who is unable to consent to counseling
services unless the lawful representative is the alleged assailant.

4. "sexual assault victim
advocate" has the same meaning prescribed in section 12-2240.

END_STATUTE