Arizona SB 1748: victims' rights; opt in process

Bill Text

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_STATUTE13-4405. 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