SB1326

THE CONTEXT: The Arizona Constitution enumerates a list of rights that are enjoyed by victims of crimes to preserve and protect victims' rights to justice and due process. Examples of these include the right: 1) to be treated with fairness, respect and dignity; 2) to be informed when the accused or convicted person is released from custody or has escaped; 3) to be heard at any proceeding when a post-conviction release is being considered; and 4) to a speedy trial or disposition and prompt and final conclusion of the case after the conviction and sentence ( Article II Section 2.

WHAT THE BILL DID: The final vetoed version would allow the court to order a party who intentionally, knowingly or with gross negligence violates a victim's rights to pay attorney fees and costs incurred from enforcing or remedying any violation of the victim's rights and contains an applicability clause mandating that this Act applies to all cases that are pending or filed on or after the general effective date of this Act.

WHY IT MATTERED: The practical reason for this bill was to give Arizonans and public officials a defined option for victims' rights under state law. It would allow the court to order a party who intentionally, knowingly or with gross negligence violates a victim's rights to pay attorney fees and costs incurred from enforcing or remedying any violation of the victim's rights, and would also contains an applicability clause mandating that this Act applies to all cases that are pending or filed on or after the general effective date of this Act, rather than leave the current rule unchanged.