REFERENCE TITLE: victims' rights; failure to comply

 

 

 

State of Arizona

House of Representatives

Fifty-third Legislature

First Regular Session

2017

 

 

HB 2155

 

Introduced by

Representative Coleman

 

 

AN ACT

 

amending sections 8‑415 and 13‑4436, Arizona Revised Statutes; relating to victims' rights.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 8-415, Arizona Revised Statutes, is amended to read:

START_STATUTE8-415.  Effect of failure to comply

A.  The failure to comply with a victim's constitutional or statutory right is a ground for the victim to request a reexamination proceeding within tentwenty days after the proceeding at which the victim's right was denied or with leave of the court for good cause shown. After the victim requests a reexamination proceeding and after the court gives reasonable notice, the court shall afford the victim a reexamination proceeding to consider the issues raised by the denial of the victim's right.  Except as provided in subsection B of this section, the court shall reconsider any decision that arises from a proceeding in which the victim's right was not protected and shall ensure that the victim's rights are thereafter protected.

B.  The failure to use reasonable efforts to perform a duty or provide a right is not cause to seek to set aside an adjudication or disposition after trial. The failure to afford a right under this chapter shall not provide grounds for a new trial.  A victim who was given notice of a plea or sentencing proceeding may make a motion to reopen a plea or sentence only if the victim was not voluntarily absent from the proceeding and has asserted the right to be heard before or during the proceeding at issue and the right to be heard was denied and, in the case of a plea, the accused has not pled to the highest offense charged. This subsection does not affect the victim's right to restitution, which the victim may seek to enforce at any time.

C.  Unless the juvenile is discharged from the juvenile's sentence, the failure to use reasonable efforts to provide notice and a right to be present or be heard pursuant to this chapter at a proceeding that involves a postconvictionpostadjudication release is a ground for the victim to seek to set aside the postconvictionpostadjudication release until the victim is afforded the opportunity to be present or be heard.

D.  If the victim seeks to have a postconvictionpostadjudication release set aside pursuant to subsection C of this section, the court or department of juvenile corrections shall afford the victim a reexamination proceeding after the parties are given notice.

E.  A reexamination proceeding conducted pursuant to this section or any other proceeding that is based on the failure to perform a duty or provide a right shall commence not more than thirty days after the appropriate parties have been given notice that the victim is exercising the right to a reexamination proceeding pursuant to this section or to another proceeding based on the failure to perform a duty or provide a right. END_STATUTE

Sec. 2.  Section 13-4436, Arizona Revised Statutes, is amended to read:

START_STATUTE13-4436.  Effect of failure to comply

A.  The failure to comply with a victim's constitutional or statutory right is a ground for the victim to request a reexamination proceeding within tentwenty days of the proceeding at which the victim's right was denied or with leave of the court for good cause shown.  After the victim requests a reexamination proceeding and after the court gives reasonable notice, the court shall afford the victim a reexamination proceeding to consider the issues raised by the denial of the victim's right. Except as provided in subsection B of this section, the court shall reconsider any decision that arises from a proceeding in which the victim's right was not protected and shall ensure that the victim's rights are thereafter protected.

B.  The failure to use reasonable efforts to perform a duty or provide a right is not cause to seek to set aside a conviction after trial. The failure to afford a right under this chapter shall not provide grounds for a new trial. A victim who was given notice of a plea or sentencing proceeding may make a motion to reopen a plea or sentence only if the victim was not voluntarily absent from the proceeding and has asserted the right to be heard before or during the proceeding at issue and the right to be heard was denied and, in the case of a plea, the accused has not pled to the highest offense charged. This subsection does not affect the victims right to restitution, which the victim may seek to enforce at any time.

C.  Unless the prisoner is discharged from the prisoner's sentence, the failure to use reasonable efforts to provide notice and a right to be present or be heard pursuant to this chapter at a proceeding that involves a post‑conviction release is a ground for the victim to seek to set aside the post‑conviction release until the victim is afforded the opportunity to be present or be heard.

D.  If the victim seeks to have a post‑conviction release set aside pursuant to subsection C of this section, the court, board of executive clemency or state department of corrections shall afford the victim a reexamination proceeding after the parties are given notice.

E.  A reexamination proceeding conducted pursuant to this section or any other proceeding that is based on the failure to perform a duty or provide a right shall commence not more than thirty days after the appropriate parties have been given notice that the victim is exercising the right to a reexamination proceeding pursuant to this section or to another proceeding based on the failure to perform a duty or provide a right.END_STATUTE