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

Ariz. Rev. Stat. § 13-4426.01 (2026)

Sentencing; victims' right to be heard

✓ current as of May 2026
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In any proceeding in which the victim has the right to be heard pursuant to article II, section 2.1, Constitution of Arizona, or this chapter, the victim's right to be heard is exercised not as a witness, the victim's statement is not subject to disclosure to the state or the defendant or submission to the court and the victim is not subject to cross-examination. The state and the defense shall be afforded the opportunity to explain, support or deny the victim's statement.

Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 2005–2026 · leading case: State Ex Rel. Thomas v. Foreman, 118 P.3d 1117 (Ariz. Ct. App. 2005).
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State Ex Rel. Thomas v. Foreman, 118 P.3d 1117 (Ariz. Ct. App. 2005). · cites it 23× “He then requested the court to declare A.R.S. § 13-4426.01 unconstitutional. After oral argument, the trial court agreed and found that the statute conflicted with the Sixth, Eighth, and Fourteenth Amendments.”
State of Arizona v. Edward James Rose, 297 P.3d 906 (Ariz. 2013). · cites it 6× “And, recognizing the confines of A.R.S. § 13-4426.01 but also a defendant’s constitutional rights, we encourage judges, in their sound discretion, to screen and, if necessary, limit an orchestrated, overly dramatic VIE presentation “that is so unduly prejudicial that it renders…”
State v. Martinez, 189 P.3d 348 (Ariz. 2008). · cites it 4× “See A.R.S. § 13-4426.01 (Supp. 2007) (“[T]he victim’s right to be heard is exercised not as a witness, the victim’s statement is not subject to disclosure to the state or the defendant or submission to the court[,] and the victim is not subject to cross-examination.”
State v. Quijada, 439 P.3d 815 (Ariz. Ct. App. 2019). · cites it 2× “2017) (victims’ right to be heard without being subject to cross-examination under A.R.S. § 13-4426.01 afforded victims the right to submit victim impact statements during pretrial bond-eligibility hearing without being forced to undergo cross- examination); Mendez v.”
State v. Wein, 396 P.3d 608 (Ariz. Ct. App. 2017). · cites it 2× “1 In exercising that right, A.R.S. § 13-4426.01 (2010) pronounces that victims are not subject to cross-examination.”
State v. Martinez (Ariz. Ct. App. 2018). · cites it 2× “A.R.S. § 13-4426.01; see also A.R.S. § 13-4401(19) (defining “victim” to include family members of a deceased victim).”
State v. Mayo (Ariz. Ct. App. 2026). · cites it 2× “” A.R.S. § 13-4426.01. The defense, however, must “be afforded the opportunity to explain, support or deny the victim’s statement.”
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