In this chapter, unless the context otherwise requires:
1. "Accused" means a person who has been arrested for committing a criminal offense and who is held for an initial appearance or other proceeding before trial.
2. "Appellate proceeding" means any contested matter before the state court of appeals, the state supreme court, a federal court of appeals or the United States supreme court.
3. "Arrest" means the actual custodial restraint of a person or the person's submission to custody.
4. "Court" means all state, county and municipal courts in this state.
5. "Crime victim advocate" means a person who is employed or authorized by a public or private entity to provide counseling, treatment or other supportive assistance to crime victims.
6. "Criminal offense" means conduct that gives a peace officer or prosecutor probable cause to believe that a felony, a misdemeanor, a petty offense or a violation of a local criminal ordinance has occurred.
7. "Criminal proceeding" means any hearing, argument or other matter that is scheduled by and held before a trial court but does not include any deposition, lineup, grand jury proceeding or other matter that is not held in the presence of the court.
8. "Custodial agency" means any law enforcement officer or agency, a sheriff or municipal jailer, the state department of corrections or a secure mental health facility that has custody of a person who is arrested or in custody for a criminal offense.
9. "Defendant" means a person or entity that is formally charged by complaint, indictment or information of committing a criminal offense.
10. "Final disposition" means the ultimate termination of the criminal prosecution of a defendant by a trial court, including dismissal, acquittal or imposition of a sentence.
11. "Immediate family" means a victim's spouse, parent, child, sibling, grandparent or lawful guardian.
12. "Lawful representative" means a person who is designated by the victim or appointed by the court and who acts in the best interests of the victim.
13. "Post-arrest release" means the discharge of the accused from confinement on recognizance, bond or other condition.
14. "Post-conviction release" means parole, work furlough, community supervision, probation if the court waived community supervision pursuant to section 13-603, home arrest or any other permanent, conditional or temporary discharge from confinement in the custody of the state department of corrections or a sheriff or from confinement in a municipal jail or a secure mental health facility.
15. "Post-conviction relief proceeding" means a contested argument or evidentiary hearing that is held in open court and that involves a request for relief from a conviction or sentence.
16. "Prisoner" means a person who has been convicted of a criminal offense against a victim and who has been sentenced to the custody of the sheriff, the state department of corrections, a municipal jail or a secure mental health facility.
17. "Release" means no longer in the custody of a custodial agency and includes transfer from one custodial agency to another custodial agency.
18. "Rights" means any right that is granted to the victim by the laws of this state.
19. "Victim" means a person against whom the criminal offense has been committed, including a minor, or if the person is killed or incapacitated, the person's spouse, parent, child, grandparent or sibling, any other person related to the person by consanguinity or affinity to the second degree or any other lawful representative of the person, except if the person or the person's spouse, parent, child, grandparent, sibling, other person related to the person by consanguinity or affinity to the second degree or other lawful representative is in custody for an offense or is the accused.
Notes of Decisions
Norgord v. State Ex Rel. Berning, 33 P.3d 1166 (Ariz. Ct. App. 2001).
· cites it 17× “Both the Victims’ Bill of Rights and the Act define “[v]ictim” as “a person against whom the criminal offense has been committed.” Ariz. Const, art. II, § 2.1(C); A.”
State Ex Rel. Thomas v. Klein, 150 P.3d 778 (Ariz. Ct. App. 2007).
· cites it 14× “A.R.S. § 13-4401 (2001) et seq. Accordingly, Defendant argued that the victim was no longer entitled to the protections of the Victims’ Bill of Rights and could not refuse to be deposed on that basis.”
Patterson v. Mahoney, 199 P.3d 708 (Ariz. Ct. App. 2008).
· cites it 13× “Once identified, the victim must be afforded the substantive rights guaranteed by the constitution and statute. ¶ 14 Here, the conflict is not a matter of enforcing rights, but defining who is entitled to those rights.”
Knapp v. Martone, 823 P.2d 685 (Ariz. 1992).
· cites it 12× “While the Victims' Bill of Rights itself does not define "accused," the Victims' Rights Implementation Act, A.R.S. § 13-4401(1), which became effective December 31, 1991, defines an "accused" as "a person who has been arrested for committing a criminal offense and who is held…”
State v. Lee, 245 P.3d 919 (Ariz. Ct. App. 2011).
· cites it 14× “" A.R.S. § 13-4401; see also 1991 Ariz. Sess.”
State v. Hickman, 68 P.3d 418 (Ariz. 2003).
· cites it 4× “That amendment guarantees, among other things, a victim's right to "a speedy trial or disposition and prompt and final conclusion of the case after the conviction and sentence. " Ariz. Const.”
State v. Sorkhabi, 46 P.3d 1071 (Ariz. Ct. App. 2002).
· cites it 7× “A.R.S. § 13-4401(18) is now renumbered as § 13-4401(19)(2001).”
State v. Leal, 455 P.3d 327 (Ariz. Ct. App. 2019).
· cites it 6× “See A.R.S. §§ 13-4401 to -4443. That fact, however, does not mean the restitution order was improper.”
State v. Connor, 161 P.3d 596 (Ariz. Ct. App. 2007).
· cites it 3× “1; A.R.S. §§ 13-4401, -4438 (2002), the records were subject to the physician-patient and other statutory privileges, and the records were not material to Defendant’s self-defense claim and would not be admissible at trial.”
State v. Guadagni, 178 P.3d 473 (Ariz. Ct. App. 2008).
· cites it 6× “1(C); A.R.S. § 13-4401(19). A crime, in turn, is any felony or misdemeanor, AR.”
State v. Bible, 858 P.2d 1152 (Ariz. 1993).
· cites it 2× “1; A.R.S. §§ 13-4401 to 13-4437. It is equally clear, however, that these rights do not, and cannot, conflict with a defendant’s right to a fair trial.”
— Ariz. Rev. Stat. § 13-4401(1) — 3 cases
Knapp v. Martone, 823 P.2d 685 (Ariz. 1992).
“While the Victims' Bill of Rights itself does not define "accused," the Victims' Rights Implementation Act, A.R.S. § 13-4401(1), which became effective December 31, 1991, defines an "accused" as "a person who has been arrested for committing a criminal offense and who is held…”
— Ariz. Rev. Stat. § 13-4401(10) — 3 cases
— Ariz. Rev. Stat. § 13-4401(11) — 1 case
— Ariz. Rev. Stat. § 13-4401(14) — 2 cases
— Ariz. Rev. Stat. § 13-4401(15) — 1 case
— Ariz. Rev. Stat. § 13-4401(18) — 4 cases
State v. Sorkhabi, 46 P.3d 1071 (Ariz. Ct. App. 2002).
“A.R.S. § 13-4401(18) is now renumbered as § 13-4401(19)(2001).”
— Ariz. Rev. Stat. § 13-4401(19) — 41 cases
Patterson v. Mahoney, 199 P.3d 708 (Ariz. Ct. App. 2008).
“Once identified, the victim must be afforded the substantive rights guaranteed by the constitution and statute. ¶ 14 Here, the conflict is not a matter of enforcing rights, but defining who is entitled to those rights.”
Norgord v. State Ex Rel. Berning, 33 P.3d 1166 (Ariz. Ct. App. 2001).
“Both the Victims’ Bill of Rights and the Act define “[v]ictim” as “a person against whom the criminal offense has been committed.” Ariz. Const, art. II, § 2.1(C); A.”
State v. Leal, 455 P.3d 327 (Ariz. Ct. App. 2019).
“See A.R.S. §§ 13-4401 to -4443. That fact, however, does not mean the restitution order was improper.”
— Ariz. Rev. Stat. § 13-4401(19)(2001) — 2 cases
State v. Connor, 161 P.3d 596 (Ariz. Ct. App. 2007).
“1; A.R.S. §§ 13-4401, -4438 (2002), the records were subject to the physician-patient and other statutory privileges, and the records were not material to Defendant’s self-defense claim and would not be admissible at trial.”
State v. Sorkhabi, 46 P.3d 1071 (Ariz. Ct. App. 2002).
“A.R.S. § 13-4401(18) is now renumbered as § 13-4401(19)(2001).”
— Ariz. Rev. Stat. § 13-4401(4) — 1 case
— Ariz. Rev. Stat. § 13-4401(6) — 9 cases
Norgord v. State Ex Rel. Berning, 33 P.3d 1166 (Ariz. Ct. App. 2001).
“Both the Victims’ Bill of Rights and the Act define “[v]ictim” as “a person against whom the criminal offense has been committed.” Ariz. Const, art. II, § 2.1(C); A.”
State Ex Rel. Thomas v. Klein, 150 P.3d 778 (Ariz. Ct. App. 2007).
“A.R.S. § 13-4401 (2001) et seq. Accordingly, Defendant argued that the victim was no longer entitled to the protections of the Victims’ Bill of Rights and could not refuse to be deposed on that basis.”
State v. Sorkhabi, 46 P.3d 1071 (Ariz. Ct. App. 2002).
“A.R.S. § 13-4401(18) is now renumbered as § 13-4401(19)(2001).”
State v. Guadagni, 178 P.3d 473 (Ariz. Ct. App. 2008).
“1(C); A.R.S. § 13-4401(19). A crime, in turn, is any felony or misdemeanor, AR.”
— Ariz. Rev. Stat. § 13-4401(6)(a) — 1 case
— Ariz. Rev. Stat. § 13-4401(7) — 4 cases
— Ariz. Rev. Stat. § 13-4401(9) — 1 case
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