Ariz. Rev. Stat. » Title 13
Arizona Revised Statutes

Ariz. Rev. Stat. § 13-4402 (2026)

Implementation of rights and duties

✓ current as of May 2026
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A. Except as provided in sections 13-4405 and 13-4433 and section 13-4408, subsection B, the rights and duties that are established by this chapter arise on the arrest or formal charging of the person or persons who are alleged to be responsible for a criminal offense against a victim. The rights and duties continue to be enforceable pursuant to this chapter until the final disposition of the charges, including acquittal or dismissal of the charges, all post-conviction release and relief proceedings and the discharge of all criminal proceedings relating to restitution. If a defendant is ordered to pay restitution to a victim, the rights and duties continue to be enforceable by the court until restitution is paid.

B. If a defendant's conviction is reversed and the case is returned to the trial court for further proceedings, the victim has the same rights that were applicable to the criminal proceedings that led to the appeal or other post-conviction relief proceeding.

C. After the final termination of a criminal prosecution by dismissal with prejudice or acquittal, a person who has received notice and the right to be present and heard pursuant to the victims' rights act, article II, section 2.1, Constitution of Arizona, any implementing legislation or court rule is no longer entitled to such rights.

Notes of Decisions
Cited in 20 cases (6 in the last 5 years), 2002–2022 · leading case: State of Arizona v. Amiel Proto, 58 P.3d 33 (Ariz. Ct. App. 2002).
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State of Arizona v. Amiel Proto, 58 P.3d 33 (Ariz. Ct. App. 2002). · cites it 12× “But, A.R.S. § 13-4402(A) provides: “Except as provided in §§ 13-4404 2 and 13-4405, 3 the rights and duties that are established by this chapter arise on the arrest or formal charging of the person or persons who are alleged to be responsible for a criminal offense against a…”
State v. Nichols, 233 P.3d 1148 (Ariz. Ct. App. 2010). · cites it 4× “Such rights cease to exist only "[a]fler the final termination of a criminal prosecution by dismissal with prejudice or acquittal.”
State v. Lee, 245 P.3d 919 (Ariz. Ct. App. 2011). · cites it 4× “, defines the notice to which a victim is entitled, including notice of the right "to be treated with fairness, respect and dignity and to be free of intimidation, harassment or abuse throughout the criminal or juvenile justice process.”
J.D. M.M. v. Hon. hegyi/t.D./state of Arizona, 335 P.3d 1118 (Ariz. 2014). · cites it 5× “For example, a Senate Fact Sheet suggests that the legislation would extend the victim’s “right to refuse an interview” — a right that continues until the charges are finally resolved, A.R.S. § 13-4402(A) — to the parent, but then states that the provision “[a]llows a parent or…”
Beth Fay v. Hon. fox/state/jordan Hanson, 494 P.3d 1105 (Ariz. 2021). · cites it 2× “The trial court initially denied Hanson’s Motion to Strike, finding that pursuant to A.R.S. § 13-4402(A), a victim’s right relating to restitution continues to be enforceable by the court until restitution is paid.”
State v. Leonardo, 250 P.3d 1222 (Ariz. Ct. App. 2011). · cites it 2× “Pursuant to A.R.S. § 13-4402(A), this right, along with the other rights provided to victims under the VBR, “continue[s] to be enforceable .”
State Ex Rel. Romley v. Dairman, 95 P.3d 548 (Ariz. Ct. App. 2004). · cites it 2× “¶ 20 As set forth in A.R.S. § 13-4402(A) (2001), “the rights and duties that are established by this chapter [victims’ rights] arise on the arrest or formal charging of the person or persons who are alleged to be responsible for a criminal offense against a victim .”
J.D. v. Hegyi, 320 P.3d 826 (Ariz. Ct. App. 2014). · cites it 3× “Under A.R.S. § 13-4402(A), victims’ rights arise on the arrest of the defendant and “continue to be enforceable pursuant to [the Victims’ Rights Implementation Act] until the final disposition of the charges.”
State v. Hamilton, 468 P.3d 1264 (Ariz. Ct. App. 2020). · cites it 2× “” A.R.S. § 13-4402(A) (emphasis added); see State v.”
Jarron Smith v. Town of Marana, 524 P.3d 254 (Ariz. Ct. App. 2022). “2018); § 13-4402(A) (rights and duties established by § 13-4401 through 13-4408 “arise on the arrest or formal charging of the person or persons who are alleged to be responsible for a criminal offense against a victim”).”
State v. Lucas, 321 P.3d 428 (Ariz. Ct. App. 2014). · cites it 3× “See A.R.S. § 13-4402(A) (the rights the Crime Victims’ Rights statutes establish “arise on the arrest or formal charging” of the defendant and “continue to be enforceable .”
Burns v. Shinn (D. Ariz. 2021). · cites it 8× “39 (a)(3) (“A victim retains the rights provided in these rules until the rights are no longer 21 enforceable under A.R.S. §§ 13-4402, 13-4402.01, and 13-4433.”
Show all 20 citing cases →
— Ariz. Rev. Stat. § 13-4402(A) — 19 cases
State of Arizona v. Amiel Proto, 58 P.3d 33 (Ariz. Ct. App. 2002). “But, A.R.S. § 13-4402(A) provides: “Except as provided in §§ 13-4404 2 and 13-4405, 3 the rights and duties that are established by this chapter arise on the arrest or formal charging of the person or persons who are alleged to be responsible for a criminal offense against a…”
J.D. M.M. v. Hon. hegyi/t.D./state of Arizona, 335 P.3d 1118 (Ariz. 2014). “For example, a Senate Fact Sheet suggests that the legislation would extend the victim’s “right to refuse an interview” — a right that continues until the charges are finally resolved, A.R.S. § 13-4402(A) — to the parent, but then states that the provision “[a]llows a parent or…”
State v. Nichols, 233 P.3d 1148 (Ariz. Ct. App. 2010). “Such rights cease to exist only "[a]fler the final termination of a criminal prosecution by dismissal with prejudice or acquittal.”
Beth Fay v. Hon. fox/state/jordan Hanson, 494 P.3d 1105 (Ariz. 2021). “The trial court initially denied Hanson’s Motion to Strike, finding that pursuant to A.R.S. § 13-4402(A), a victim’s right relating to restitution continues to be enforceable by the court until restitution is paid.”
State v. Leonardo, 250 P.3d 1222 (Ariz. Ct. App. 2011). “Pursuant to A.R.S. § 13-4402(A), this right, along with the other rights provided to victims under the VBR, “continue[s] to be enforceable .”
— Ariz. Rev. Stat. § 13-4402(C) — 2 cases
State v. Nichols, 233 P.3d 1148 (Ariz. Ct. App. 2010). “Such rights cease to exist only "[a]fler the final termination of a criminal prosecution by dismissal with prejudice or acquittal.”
State of Arizona v. Robert Arthur Ergonis (Ariz. Ct. App. 2010).
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