victims' rights; opt in process

SB1748 - 572R - S Ver

Senate Engrossed

victims' rights; opt
in process

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SENATE BILL 1748

AN
ACT

AMENDING SECTIONS
13-4405,
13-4407, 13-4409, 13-4410, 13-4411, 13-4411.01,
13-4412, 13-4413, 13-4414, 13-4415, 13-4416, 13-4417,
13-4419, 13-4423 AND 13-4441
, 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 13-4405, Arizona Revised
Statutes, is amended to read:

START_STATUTE
13-4405.

Information provided to victim by law enforcement agencies

A. As soon after the detection of a criminal offense
as the victim may be contacted without interfering with an investigation or
arrest, the law enforcement agency that has responsibility for investigating
the criminal offense shall provide electronic forms, pamphlets, information
cards or other materials to the victim:

1. That allow the victim to request or waive
applicable rights to which the victim is entitled, on request, under this
article
chapter
.

2. That provide the victim a method to designate a
lawful representative if the victim chooses pursuant to section 13-4403,
subsection A or section 13-4404.

3. That provide notice to the victim of all of the
following information:

(a) The victim's right under the victims' bill of
rights, article II, section 2.1, Constitution of Arizona, to be treated with
fairness, respect and dignity and to be free of intimidation, harassment or
abuse throughout the criminal or juvenile justice process.

(b) The availability, if any, of crisis intervention
services and emergency and medical services and, where applicable, that medical
expenses arising out of the need to secure evidence may be reimbursed pursuant
to section 13-1414.

(c) In cases of domestic violence, the procedures
and resources available to protect the victim pursuant to section 13-3601.

(d) The names and telephone numbers of public and
private victim assistance programs, including the county victim compensation
program and programs that provide counseling, treatment and other support
services.

(e) The police report number, if available, other
identifying case information and the following statement:

If within thirty days you are not notified of an arrest in
your case, you may call (the law enforcement agency's telephone number) for the
status of the case.

(f) Whether the suspect is an adult or juvenile, a
statement that the victim will be notified by the law enforcement agency at the
earliest opportunity after the arrest of a suspect.

(g) If the suspect is an adult and has been
arrested, the victim's right, on request
pursuant to subsection
G of this section
, to be informed of the suspect's release, of the next
regularly scheduled time, place and date for initial appearances in the
jurisdiction and of the victim's right to be heard at the initial appearance
and that, to exercise these rights, the victim is advised to contact the
custodial agency regarding the suspect's release and to contact the court
regarding any changes to the initial appearance schedule.

(h) If the victim chooses to exercise the right to
be heard through a written statement, how that statement may be submitted to
the court.

(i) That the victim or the immediate family member
of the victim, if the victim is killed or incapacitated, has the right to
receive one copy of the police report, including any supplements to the report,
audio recordings and video recordings from the investigating law enforcement
agency section 39-127.

B. If at the time of contact with a law enforcement
agency the victim is physically or emotionally unable to request or waive
applicable rights, the law enforcement agency shall designate this in the
format that is authorized by subsection A of this section and the entities that
may be subsequently affected shall presume that the victim invoked the victim's
right to request applicable rights to which the victim is entitled, on request,
unless the victim later waives those rights.

C. The law enforcement agency shall submit a copy of
the victim's request or waiver of preconviction rights form to the custodial
agency and a copy to the prosecutor if a suspect is arrested, at the time the
suspect is taken into custody. If there is no arrest, the form
copies shall be submitted to the prosecutor at the time the case is otherwise
presented to the prosecutor for review. The prosecutor shall submit
a copy of the victim's request or waiver of preconviction rights form to the
departments or sections of the prosecutor's office, if applicable, that are
mandated by this
article
chapter
to
provide victims' rights services on request.

D. If the suspected offender is cited and released,
the law enforcement agency responsible for investigating the offense shall
inform the victim of the court date and how to obtain additional information
about the subsequent criminal proceedings.

E. Law enforcement agencies within a county may
establish different procedures designed to efficiently and effectively provide
notice of the victim's rights pursuant to this section and notice to affected
entities of the victim request or waiver information. If different
procedures are established, the procedures shall:

1. Be reported to the entities within a county
affected by the procedures and reported to the attorney general.

2. Be designed so that custodial agencies and
prosecutors within a county receive notice of the victim's request or waiver of
the victim's preconviction rights at the same time that an adult suspect is
arrested.

3. Be designed so that prosecutors within a county
receive notice of the victim's request or waiver of the victim's preconviction
rights, if there is no arrest, at the same time that the case is otherwise
presented to the prosecutor for review.

4. Provide that the
notice to affected entities of a victim's request or waiver of the victim's
preconviction rights includes information that affords the affected entity the
ability to contact the victim.

5. Be supported by use of electronic forms,
brochures or other written materials that are developed by the law enforcement
agencies within a county and reviewed by the attorney general pursuant to
section 13-4417, subsection B.

F. If a suspect has not been arrested at the time of
contact with the victim pursuant to subsection A of this section, the law
enforcement agency that is responsible for investigating the offense shall
notify the victim of the arrest of a suspect at the earliest opportunity after
the arrest and of the time, place and date for the initial appearance.

G. A victim is required to opt in
only one time in order to exercise the victim's rights prescribed in this
section and to receive victim notifications from all applicable state agencies,
including, for the purposes of this chapter, political subdivisions, under this
chapter.� State agencies shall develop and implement procedures for sharing
victim opt-in information with other applicable state
agencies. A victim may opt out of receiving notifications at any
time, and the state agency that RECEIVES A Victim's request to opt out of
receiving notifications shall communicate that INFORMATION to the other
applicable state agencies. A victim who opts out of exercising the
victim's rights prescribed in this section and receiving notifications under this
chapter may later opt in by contacting the investigating law enforcement agency
or prosecutor's office, at which time The investigating law enforcement agency
or prosecutor's office shall forward the victim's information to all other
applicable state agencies.
END_STATUTE

Sec. 2. Section 13-4407, Arizona Revised
Statutes, is amended to read:

START_STATUTE
13-4407.

Notice of terms and conditions of release

On the request of the victim
if the victim has opted in

pursuant to section
13-4405
, the custodial agency shall provide a copy of the terms
and conditions of release to the victim unless the accused appeared in response
to a summons. In that case,
on request of the victim
if the victim has opted in

pursuant to section
13-4405
, the prosecutor's office, on receiving such information,
shall provide a copy of the terms and conditions of release to the
victim. The copy of the terms and conditions of release may be
provided to the victim in an electronic form, pamphlet, information card or
other material.
END_STATUTE

Sec. 3. Section 13-4409, Arizona Revised Statutes, is amended to read:

START_STATUTE
13-4409.

Notice of criminal proceedings

A. Except as provided
in subsection B
of this section
, the court shall provide
notice of criminal proceedings, for criminal offenses filed by information,
complaint or indictment, except initial appearances and arraignments, to the
prosecutor's office at least five days before a scheduled proceeding to allow
the prosecutor's office to provide notice to the victim.

B. If the court finds that it is not reasonable to
provide the five days' notice to the prosecutor's office under subsection A
of this section
, the court shall state in the record why it
was not reasonable to provide five days' notice.

C. On receiving the notice from the court, the
prosecutor's office shall,
on request
if
the victim has opted in

pursuant to section 13-4405
,
give notice to the victim in a timely manner of scheduled proceedings and any
changes in that schedule, including any continuances.
END_STATUTE

Sec. 4. Section 13-4410, Arizona Revised
Statutes, is amended to read:

START_STATUTE
13-4410.

Notice of conviction, acquittal or dismissal; impact statement

A. The prosecutor's office,
on request
if the victim has opted in

pursuant to section
13-4405
, shall give to the victim within fifteen days after the
conviction or acquittal or dismissal of the charges against the defendant
notice of the criminal offense for which the defendant was convicted or
acquitted or the dismissal of the charges against the defendant.

B. If the defendant is convicted and the victim has
requested notice
opted in

pursuant
to section 13-4405
, the victim shall be notified, if applicable,
of:

1. The function of the presentence report.

2. The name and telephone number of the probation
department that is preparing the presentence report.

3. The right to make a victim impact statement under
section 13-4424.

4. The defendant's right to view the presentence
report.

5. The victim's right to view the presentence report
except those parts excised by the court or made confidential by law and, on
request, to receive a copy from the prosecutor.

6. The right to be present and be heard at any
presentence or sentencing proceeding pursuant to section 13-4426.

7. The time, place and date of the sentencing
proceeding.

8. If the court orders restitution, the right to:

(a) File a restitution lien pursuant to section 13-806.

(b) Request a copy of the defendant's restitution
payment history from the clerk of the court pursuant to section 13-810 or
31-412.

C. The victim shall be informed that the victim's
impact statement may include the following:

1. An explanation of the nature and extent of any
physical, psychological or emotional harm or trauma suffered by the victim.

2. An explanation of the extent of any economic loss
or property damage suffered by the victim.

3. An opinion of the need for and extent of
restitution.

4. Whether the victim has applied for or received
any compensation for the loss or damage.

D. Notice provided pursuant to this section does not
remove the probation department's responsibility pursuant to section 12-253
to initiate the contact between the victim and the probation department
concerning the victim's economic, physical, psychological or emotional
harm. At the time of contact, the probation department shall advise
the victim of the date, time and place of sentencing and of the victim's right
to be present and be heard at that proceeding.
END_STATUTE

Sec. 5. Section 13-4411, Arizona Revised
Statutes, is amended to read:

START_STATUTE
13-4411.

Notice of postconviction review and appellate proceedings

A. Within fifteen days after sentencing the
prosecutor's office
shall
,
on request

if the victim has opted in pursuant to section 13-44o5
,

shall
notify the victim of the sentence imposed on the
defendant.

B.
Pursuant to section 13-4405,
if a victim has opted in to receiving victim notification,
the
prosecutor's office shall provide the
victim with a form that
allows the victim to request post-conviction

victim's
contact information to all other applicable state agencies automatically,
without further action by the victim, for the purposes of postconviction
notice
of all
post-conviction

postconviction

review and appellate proceedings, all
post-conviction

postconviction
release proceedings, all probation modification
proceedings that impact the victim, all probation revocation or termination
proceedings, any decisions that arise out of these proceedings, all releases
and all escapes.

C. The prosecutor's office shall
advise the victim on how the completed request form may be filed with the
appropriate agencies and departments.

D.

C.
On request of
if
the victim
has opted in pursuant to section 13-44o5
, the
prosecutor's office that is responsible for handling any
post-conviction

postconviction
or appellate proceedings immediately shall
notify the victim of the proceedings and any decisions that arise out of the
proceedings.

E.

D.
Beginning December 1, 2007,
The supreme court or court of
appeals shall send a victim who
requests notice
has opted in
pursuant to
this
section
13-4405
a copy of the memorandum decision or opinion from
the issuing court concurrently with the parties.� If the victim is represented
by counsel, the notice shall be provided to the victim's counsel.
END_STATUTE

Sec. 6. Section 13-4411.01, Arizona Revised
Statutes, is amended to read:

START_STATUTE
13-4411.01.

Notice of right to request not to receive inmate communication;
definition

A. Within fifteen days after a defendant is
sentenced to the state department of corrections, the prosecutor's office shall
notify the victim of the right of the victim, any member of the victim's family
or any member of the victim's household
,
to request
not to receive any communication from the inmate who was convicted of
committing a criminal offense against the victim. The notice shall:

1. Be made
on the postconviction
notice request form provided by the prosecutor to the victim pursuant to
section 13-4411
in one of the following ways:

(
a
) In writing.

(
b
) In digital
form if requested by the victim.

(
c
) through the
United States postal service.

2. Inform the victim of the right of the victim, or
any member of the victim's family or household who is denoted by the victim
on the form
, to request not to receive any communication from
the inmate.

3. Instruct the victim how to file the
completed request form with the state department of corrections.

3. Pursuant to section 13-4405,
if a victim has opted in, the prosecutor's office shall provide the victim's
contact information to the state department of corrections to ensure compliance
with this section.

4. Include the following statement:

If the defendant is incarcerated
in the state department of corrections, you have the right to request that the
defendant not send you, members of your family or members of your household any
communication. If the defendant sends you or your family or
household members any communication after you have made this request, you or
the members of your family or household have the right to report the incident
to the state department of corrections for sanctions against the defendant.

B. On receipt of a postconviction notice request
form in which a request not to receive any inmate communication is indicated,
the state department of corrections shall notify the inmate of the request and
that making any communication to the victim, or the family or household members
who are denoted by the victim, will result in appropriate sanctions, including
reduction or denial of earned release credits and review of all outgoing
communications.

C. The
state
department
of corrections
shall not knowingly allow any communication to
any person who requests not to receive any inmate communication pursuant to
this section.

D. For the purposes of this section,
"communication" means any written, verbal or nonverbal communication,
including mail, electronic communications and telephone calls.
END_STATUTE

Sec. 7. Section 13-4412, Arizona Revised Statutes, is amended to read:

START_STATUTE
13-4412.

Notice of release or escape

A. The sheriff or
municipal jailer,
on request

if the victim
has opted in pursuant to section 13-4405
, shall notify the victim
and the prosecutor's office of the release of the accused.

B. The custodial agency shall immediately give
notice to a victim and the prosecutor's office of an escape by, and again
on the subsequent rearrest of, an incarcerated person who is accused or
convicted of committing a criminal offense against the victim. The
custodial agency shall give notice by any reasonable means.
END_STATUTE

Sec. 8. Section 13-4413, Arizona Revised
Statutes, is amended to read:

START_STATUTE
13-4413.

Notice of prisoner's status

A. If the victim has
made a request
for post-conviction notice
opted in pursuant to
section 13-4405
, the director of the state department of
corrections shall mail to the victim the following information about a prisoner
in the custody of the
state
department of corrections:

1. Within thirty days after the request, notice of
the earliest release date of the prisoner if
his

the PRISONER'S
sentence exceeds six months.

2. At least fifteen days before the prisoner's
release, notice of the release.

3. Within fifteen days after the prisoner's death,
notice of the death.

B. If the victim has
made a request
for post-conviction notice
opted in pursuant to
section 13-4405
, the sheriff having custody of the prisoner shall
mail to the victim notice of release at least fifteen days before the
prisoner's release or notice of death within fifteen days after the prisoner's
death.
END_STATUTE

Sec. 9. Section 13-4414, Arizona Revised
Statutes, is amended to read:

START_STATUTE
13-4414.

Notice of postconviction release; right to be heard; hearing;
final decision; free electronic recording

A. The victim has the right to be present and be
heard at any proceeding in which postconviction release from confinement is
being considered pursuant to section 31-233, 31-411 or 41-1604.13.

B. If the victim has
made a request
for postconviction notice
opted in pursuant to section 13-4405
,
the board of executive clemency
shall
, at least fifteen
days before the hearing,
shall
give to the victim written
notice of the hearing and of the victim's right to be present and be heard at
the hearing.

C. If the victim has
made a request
for postconviction notice
opted in pursuant to section 13-4405
,
the board of executive clemency shall give to the victim notice of the decision
reached by the board. The notice shall be mailed within fifteen days
after the board reaches its decision.

D. Any electronic recordings that are made during a
postconviction release hearing shall be provided
, on request,

to the victim free of charge.
END_STATUTE

Sec. 10. Section 13-4415, Arizona Revised
Statutes, is amended to read:

START_STATUTE
13-4415.

Notice of probation modification, termination or revocation
disposition matters; notice of arrest

A.
On request of

if
a victim
who
has
provided an
address or other contact information
opted in pursuant to
section 13-4405
, the court or, if the case is in the superior
court, the probation department shall notify the victim of any of the
following:

1. A probation revocation disposition proceeding or
any proceeding in which the court is asked to terminate the probation or
intensive probation of a person who is convicted of committing a criminal
offense against the victim.

2. Any hearing on a proposed modification of the
terms of probation or intensive probation.

3. The arrest of a person who is on supervised
probation and who is arrested pursuant to a warrant issued for a probation
violation.

B. On request of a victim who has
provided
a current address or other current contact information

opted in pursuant to section 13-4405
, the court, or if the case is
in the superior court, the probation department shall notify the victim of the
following:

1. Any proposed modification to any term of
probation if the modification affects restitution or incarceration status or
the defendant's contact with or the safety of the victim.

2. The victim's right to be heard at a hearing that
is set to consider any modification to be made to any term of probation.

3. Any violation of any term of probation that
results in the filing with the court of a petition to revoke probation.

4. That a petition to revoke probation alleging that
the defendant absconded from probation has been filed with the court.

5. Any conduct by the defendant that raises a
substantial concern for the victim's safety.

C. If a victim has
requested
postconviction notice
opted in pursuant to section 13-4405
,
the court or, if the case is in the superior court, the probation department
shall provide notice of that request to the state department of corrections and
the board of executive clemency if a defendant's probation is revoked and the
defendant is committed to the custody of the state department of corrections.

D.
On the request of
if
a victim
has opted in pursuant to section 13-4405
,
the state department of corrections shall provide the victim with the notices
that are required by sections 13-4412 and 13-4413.

E.
On the request of

if
the victim
has opted in pursuant to section
13-4405
, the board of executive clemency shall provide the victim
with the notice that is required by section 13-4414.
END_STATUTE

Sec. 11. Section 13-4416, Arizona Revised
Statutes, is amended to read:

START_STATUTE
13-4416.

Notice of release, discharge or escape from a mental health
treatment agency

A. If the victim has
made a request
for notice
OPTED IN pursuant to section 13-4405
,
a mental health treatment agency shall mail to the victim at least ten days
before the release or discharge of the person accused or convicted of
committing a criminal offense against the victim
,

notice of the release or discharge of the person who is placed by court order
in a mental health treatment agency pursuant to section 13-3992, 31-226,
31-226.01, 36-540.01, 36-541.01 or 36-3707.

B. A mental health treatment agency shall mail to
the victim immediately after the escape or subsequent readmission of the person
accused or convicted of committing a criminal offense against the victim
,
notice of the escape or subsequent readmission of the
person who is placed by court order in a mental health treatment agency
pursuant to section� 13-3992, 31-226, 31-226.01, 36-540.01,
36-541.01 or 36-3707.
END_STATUTE

Sec. 12. Section 13-4417, Arizona Revised
Statutes, is amended to read:

START_STATUTE
13-4417.

Request for notice; forms; notice system

A.
The
a

victim
who has opted in pursuant to section 13-4405
shall
provide to and maintain with the
state
agency that
is responsible for providing notice to the victim a request for notice
on a form that is provided by that agency or the investigating law enforcement
agency. The form shall include a

the victim
filed the opt in request with a current
telephone number
,
address
and
email
address
, if
available
. If the victim fails to keep the victim's
telephone number and address

contact information
current,
the victim's request for notice is
deemed
withdrawn. At
any time the victim may request notice of subsequent proceedings by
filing on a request form provided by the agency

contacting
the investigating law enforcement agency or prosecutor's office and providing
the
victim's current telephone number and address.

B.
All notices provided to a victim
pursuant to this chapter

The form that is issued by law
enforcement pursuant to section 13-4405, subsection G
shall be
on forms
developed or reviewed by the attorney general.

C. The court and all agencies that are responsible
for providing notice to the victim shall establish and maintain a system for
the receipt of victim requests for notice.
END_STATUTE

Sec. 13. Section 13-4419, Arizona Revised Statutes, is amended to read:

START_STATUTE
13-4419.

Victim conference with prosecuting attorney

A.
On
request of
if
the victim
has opted
in pursuant to section 13-4405
, the prosecuting attorney shall
confer with the victim about the disposition of a criminal offense, including
the victim's views about a decision not to proceed with a criminal prosecution,
dismissal, plea or sentence negotiations and pretrial diversion programs.

B.
On request of

if
the victim
has opted in pursuant to section
13-4405
, the prosecuting attorney shall confer with the victim
before the commencement of the trial.

C. The right of the victim to confer with the
prosecuting attorney does not include the authority to direct the prosecution
of the case.
END_STATUTE

Sec. 14. Section 13-4423, Arizona Revised
Statutes, is amended to read:

START_STATUTE
13-4423.

Plea negotiation proceedings

A.
On request of

if
the victim
has opted in pursuant to section 13-4405
,
the victim has the right to be present and be heard at any proceeding in which
a negotiated plea for the person accused of committing the criminal offense
against the victim will be presented to the court.

B. The court shall not accept a plea agreement
unless:

1. The prosecuting attorney advises the court that
before requesting the negotiated plea reasonable efforts were made to confer
with the victim pursuant to section 13-4419.

2. Reasonable efforts are made to give the victim
notice of the plea proceeding pursuant to section 13-4409 and to inform
the victim that the victim has the right to be present and, if present, to be
heard.

3. The prosecuting attorney advises the court that
to the best of the prosecutor's knowledge notice requirements of this chapter
have been complied with and the prosecutor informs the court of the victim's
position, if known, regarding the negotiated plea.
END_STATUTE

Sec. 15. Section 13-4441, Arizona Revised
Statutes, is amended to read:

START_STATUTE
13-4441.

Right to be heard on a petition to restore the right to possess a
firearm; notice

A. A victim has the right to be present and be heard
at any proceeding in which the defendant has filed a petition pursuant to
section 13-925 to restore the defendant's right to possess a firearm.

B. If the victim has
made a request
for postconviction notice
opted in pursuant to section 13-4405
,
the attorney for the state shall provide notice to the victim at least five
days before the hearing.
END_STATUTE