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SB1326 - 572R - H Ver
House Engrossed
Senate Bill
victims' rights;
attorney fees; costs
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SENATE BILL 1326
AN
ACT
AMENDING SECTIONs 8-416 and 13-4437,
ARIZONA REVISED STATUTES; 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 8-416, Arizona Revised
Statutes, is amended to read:
START_STATUTE
8-416.
Standing to invoke rights; recovery of damages; right to counsel
A. The rights enumerated in the victims' bill of
rights, article II, section 2.1, Constitution of Arizona, any implementing
legislation or court rules belong to the victim. The victim has
standing to seek an order, to bring a special action or to file a notice of
appearance in a trial court or an appellate proceeding seeking to enforce any
right or to challenge an order denying any right guaranteed to
victims. A victim may not be charged a filing fee to file a special
action or to seek an order pursuant to this subsection. In asserting
any right, the victim has the right to be represented by personal counsel at
the victim's expense, and the proceedings may be initiated by the victim's
counsel or the prosecutor.
B. A victim has the right to recover damages from a
governmental entity responsible for the intentional, knowing or grossly
negligent violation of the victim's rights under the victims' bill of rights,
article II, section 2.1, Constitution of Arizona, any implementing legislation
or court rule.
Nothing in
This section
alters
does not alter
or
abrogates
abrogate
any provision for immunity provided for under common
law or statute.
C. At the request of the victim, the prosecutor may
assert any right to which the victim is entitled.
D. On the filing of a notice of appearance, counsel
for the victim shall be endorsed on all pleadings and, if present, be included
in all bench conferences and in chambers meetings and sessions with the trial
court that directly involve a victim's right enumerated in article II, section
2.1, Constitution of Arizona.
E. Notwithstanding any other law and without
limiting any rights and powers of the victim, the victim has the right to
present evidence or information and to make an argument to the court,
personally or through counsel, at any proceeding to determine the amount of
restitution pursuant to section 13-804.
F. The court may order a party who
intentionally, knowingly or with gross negligence violates a victim's right
that is enumerated in this article or article ii, section 2.1, constitution of
arizona, or that is otherwise granted to a victim under arizona law to pay
reasonable attorney fees and costs to the victim's counsel, including a pro
bono attorney or legal aid attorney, for enforcing any victims' right or
remedying any violation of the victim's rights.
END_STATUTE
Sec. 2. Section 13-4437, Arizona Revised Statutes, is amended to read:
START_STATUTE
13-4437.
Standing to invoke rights; recovery of damages; right to counsel
A. The rights enumerated in the victims' bill of
rights, article II, section 2.1, Constitution of Arizona, any implementing
legislation or court rules belong to the victim. The victim has standing to
seek an order, to bring a special action or to file a notice of appearance in a
trial court or an appellate proceeding, seeking to enforce any right or to
challenge an order denying any right guaranteed to victims. A victim
may not be charged a filing fee to file a special action or to seek an order
pursuant to this subsection. In asserting any right, the victim has
the right to be represented by personal counsel at the victim's expense and the
proceedings may be initiated by the victim's counsel or the prosecutor.
B. A victim has the right to recover damages from a
governmental entity responsible for the intentional, knowing or grossly
negligent violation of the victim's rights under the victims' bill of rights,
article II, section 2.1, Constitution of Arizona, any implementing legislation
or court rules.
Nothing in
This section
alters
does not alter
or
abrogates
abrogate
any provision for immunity provided for under common
law or statute.
C. At the request of the victim, the prosecutor may
assert any right to which the victim is entitled.
D. On the filing of a notice of appearance, counsel
for the victim shall be endorsed on all pleadings and, if present, be included
in all bench conferences and in chambers meetings and sessions with the trial
court that directly involve a victim's right enumerated in article II, section
2.1, Constitution of Arizona.
E. Notwithstanding any other law and without
limiting any rights and powers of the victim, the victim has the right to
present evidence or information and to make an argument to the court,
personally or through counsel, at any proceeding to determine the amount of
restitution pursuant to section 13-804.
F. The court may order a party who
intentionally, knowingly or with gross negligence violates a victim's
right that is enumerated in this chapter or article II, section 2.1,
Constitution of Arizona, or that is otherwise granted to a victim under arizona
law to pay
reasonable attorney fees and costs to the
victim's counsel, including a pro bono attorney or legal aid attorney, for
enforcing any victims' right or remedying any violation of the victim's rights.
END_STATUTE
Sec. 3.
Applicability
This act applies to all cases that are
pending or filed on or after the effective date of
sections 8-416 and 13-4437, Arizona Revised
Statutes, as amended by this act.