victims' rights; attorney fees; costs

Plain English Breakdown

The official source material did not provide specific details on what 'technical changes' were made, so this claim was removed.

Victims' Rights; Attorney Fees and Costs

This bill allows courts to order parties who violate victims' rights to pay the victims' legal fees and costs.

What This Bill Does

• Allows a court to order any party who violates or exacerbates a violation of a victim's rights to pay for the victim's attorney fees and costs incurred in enforcing those rights or remedying the violation.
• Applies this rule to all cases that are pending or filed after the bill becomes law.

Who It Names or Affects

• Victims of crimes who have their rights violated by others involved in a case.
• Parties who violate victims' rights and may be ordered to pay legal fees and costs.

Terms To Know

victim's rights

Legal protections for people affected by crimes, such as the right to be informed about court proceedings and to receive restitution.

attorney fees

Money paid to a lawyer for legal services provided in a case.

Limits and Unknowns

• The bill does not specify how much the violating party must pay.
• It is unclear if there will be any changes to existing laws about immunity from lawsuits.

Official Summary Text

SB1326 - 572R - Senate Fact Sheet

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ARIZONA STATE SENATE

Fifty-Seventh
Legislature, Second Regular Session

FACT SHEET FOR
S.B. 1326

victims'
rights; attorney fees; costs

Purpose

Allows a court to order any party who violates or exacerbates a violation
of a victim's rights to pay the victim's attorney fees and costs incurred for
enforcing those rights or remedying the violation. Applies the outlined
authority to all cases pending or filed after the general effective date.

Background

Arizona's Victims' Bill of Rights entitles a person who is the victim of
a crime to fairness, dignity, and respect within the criminal justice system
and to protection from intimidation or abuse. It guarantees that such a person
has the right to be informed of and participate in key stages of the crime
process, to be heard before decisions affecting the accused's liberty or
sentencing and to receive restitution and timely resolution of the case (
Ariz. Const. art. 2 � 2.1
).

A victim has standing to seek an order, file a special action, and appear
in trial or appellate proceedings to enforce any enumerated victims' rights or
to challenge the denial of those rights without being charged filing fees.
While asserting any right, the victim has the right to be represented by
personal counsel at the victim's own expense, and a prosecutor may assert the
victim's rights at the victim's request. Counsel for the victim must be
endorsed on all pleadings and included in all bench conferences, chamber
meetings and sessions with the trial court that directly involve the victim's
rights. A victim may recover damages from a governmental entity for
intentional, knowing or grossly negligent violations of the victims' rights,
subject to existing immunity laws, and may present evidence and argument in
restitution proceedings (
A.R.S.

� 13-4437
).

There is no anticipated fiscal impact
to the state General Fund associated with this legislation.

Provisions

1.

Allows
a court to order any party who violates or exacerbates a violation of a
victim's rights to pay the victim's attorney fees and costs incurred in
enforcing the victim's rights or remedying the violation.

2.

Specifies
that the authority of the court to order the payment of a victim's attorney
fees and costs applies to all cases that are pending or filed after the general
effective date.

3.

Makes
technical changes.

4.

Becomes
effective on the general effective date.

Prepared by Senate Research

February 2, 2026

ZD/MY/ci

Current Bill Text

SB1326 - 572R - S Ver

Senate Engrossed

victims' rights;
attorney fees; costs

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SENATE BILL 1326

AN
ACT

AMENDING SECTION 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 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
violates or exacerbates a violation of 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 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.
Applicability

This act applies to all cases that are
pending or filed on or after the effective date of section 13-4437,
Arizona Revised Statutes, as amended by this act.