A. Unless the victim consents, the victim shall not be compelled to submit to an interview on any matter, including any charged criminal offense witnessed by the victim and that occurred on the same occasion as the offense against the victim, or filed in the same indictment or information or consolidated for trial, that is conducted by the defendant, the defendant's attorney or an agent of the defendant.
B. The defendant, the defendant's attorney or an agent of the defendant shall only initiate contact with the victim through the prosecutor's office. The prosecutor's office shall promptly inform the victim of the defendant's request for an interview and shall advise the victim of the victim's right to refuse the interview.
C. The prosecutor shall not be required to forward any correspondence from the defendant, the defendant's attorney or an agent of the defendant to the victim or the victim's representative.
D. If the victim consents to an interview, the prosecutor's office shall inform the defendant, the defendant's attorney or an agent of the defendant of the time and place the victim has selected for the interview. If the victim wishes to impose other conditions on the interview, the prosecutor's office shall inform the defendant, the defendant's attorney or an agent of the defendant of the conditions. The victim has the right to terminate the interview at any time or to refuse to answer any question during the interview. The prosecutor has standing at the request of the victim to protect the victim from harassment, intimidation or abuse and, pursuant to that standing, may seek any appropriate protective court order.
E. Unless otherwise directed by the victim, the prosecutor may attend all interviews. If a transcript or tape recording of the interview is made and on request of the prosecutor, the prosecutor shall receive a copy of the transcript or tape recording at the prosecutor's expense.
F. If the defendant or the defendant's attorney comments at trial on the victim's refusal to be interviewed, the court shall instruct the jury that the victim has the right to refuse an interview under the Arizona Constitution.
G. This section applies to the parent or legal guardian of a minor child who exercises victims' rights on behalf of the minor child. Notwithstanding subsection E of this section, the defendant, the defendant's attorney or an agent of the defendant may not interview a minor child who has agreed to an interview, even if the minor child's parent or legal guardian initiates contact with the defendant, the defendant's attorney or an agent of the defendant, unless the prosecutor has actual notice at least five days in advance and the minor child is informed that the prosecutor may be present at the interview.
H. Except in cases involving a dismissal with prejudice or an acquittal, the right of a victim and a victim's representative to refuse an interview, a deposition or any other discovery request related to the criminal case involving the victim by the defendant, the defendant's attorney or any other person acting on behalf of the defendant remains enforceable beyond a final disposition of the charges. This subsection does not require any other right enumerated in article II, section 2.1, Constitution of Arizona, to remain enforceable beyond a final disposition as prescribed in section 13-4402, subsection A.
Notes of Decisions
Cited in
56
cases (
16 in the last 5 years), 1994–2025 · leading case:
State v. Riggs, 942 P.2d 1159 (Ariz. 1997).
State v. Riggs, 942 P.2d 1159 (Ariz. 1997).
· cites it 42× “But these concerns can be addressed pretrial or during trial outside the presence of the jury.”
Lincoln v. Holt, 156 P.3d 438 (Ariz. Ct. App. 2007).
· cites it 38× “A.R.S. § 13-4433. Another statutory provision critical to our construction of § 13-4433(H) is A.”
State v. Roscoe, 912 P.2d 1297 (Ariz. 1996).
· cites it 13× “See AR.S. § 13-4433. Following that enactment this court amended Rule 39 to conform to the Act.”
Champlin v. Sargeant, 965 P.2d 763 (Ariz. 1998).
· cites it 16× “§ 13-4433(A)) to provide crime victims with “basic rights of respect, protection, participation and healing of their ordeals.”
State v. Lee, 245 P.3d 919 (Ariz. Ct. App. 2011).
· cites it 17× “And only the statute setting forth the conduct for a victim's rights representative for minors or vulnerable adults mentions civil proceedings at all.”
Ariz. Attorneys for Crim. Just. v. Ducey, 373 F. Supp. 3d 1242 (D. Ariz. 2019).
· cites it 24× “Logan, United States District Judge *1245 On May 8, 2017, Plaintiffs, individual criminal-defense lawyers, investigators, and non-profit organization Arizona Attorneys for Criminal Justice, initiated this action (the "Original Complaint") challenging the constitutionality of…”
State v. Krum, 903 P.2d 596 (Ariz. 1995).
· cites it 8× “1; A.R.S. § 13-4433 (Supp.1994). Chief among them is the right to refuse to submit “to an interview on any matter .”
State v. Sarullo, 199 P.3d 686 (Ariz. Ct. App. 2008).
· cites it 6× “had the right to refuse to submit to an interview conducted by Sarullo or his attorney, see A.R.S. § 13-4433, and the trial court did not err in denying Sarullo’s motion to depose her.”
J.D. v. Hegyi, 320 P.3d 826 (Ariz. Ct. App. 2014).
· cites it 25× “2007) (holding that a parent who exercises a minor’s right to refuse an interview under § 13-4433 may also exercise that right on the parent’s own behalf).”
State v. Riggs, 925 P.2d 714 (Ariz. Ct. App. 1996).
· cites it 14× “The state argues that the ruling was proper given the implications of A.R.S. § 13-4433(E). This statute provides that, if a defendant comments at trial on the victim's refusal to be interviewed, the jury is to be instructed that the victim has the right to refuse an interview,…”
— Ariz. Rev. Stat. § 13-4433(A) — 20 cases
Champlin v. Sargeant, 965 P.2d 763 (Ariz. 1998).
“§ 13-4433(A)) to provide crime victims with “basic rights of respect, protection, participation and healing of their ordeals.”
State v. Lee, 245 P.3d 919 (Ariz. Ct. App. 2011).
“And only the statute setting forth the conduct for a victim's rights representative for minors or vulnerable adults mentions civil proceedings at all.”
State v. Krum, 903 P.2d 596 (Ariz. 1995).
“1; A.R.S. § 13-4433 (Supp.1994). Chief among them is the right to refuse to submit “to an interview on any matter .”
State v. Sarullo, 199 P.3d 686 (Ariz. Ct. App. 2008).
“had the right to refuse to submit to an interview conducted by Sarullo or his attorney, see A.R.S. § 13-4433, and the trial court did not err in denying Sarullo’s motion to depose her.”
— Ariz. Rev. Stat. § 13-4433(B) — 18 cases
Ariz. Attorneys for Crim. Just. v. Ducey, 373 F. Supp. 3d 1242 (D. Ariz. 2019).
“Logan, United States District Judge *1245 On May 8, 2017, Plaintiffs, individual criminal-defense lawyers, investigators, and non-profit organization Arizona Attorneys for Criminal Justice, initiated this action (the "Original Complaint") challenging the constitutionality of…”
State v. Krum, 903 P.2d 596 (Ariz. 1995).
“1; A.R.S. § 13-4433 (Supp.1994). Chief among them is the right to refuse to submit “to an interview on any matter .”
— Ariz. Rev. Stat. § 13-4433(C) — 1 case
— Ariz. Rev. Stat. § 13-4433(D) — 2 cases
— Ariz. Rev. Stat. § 13-4433(E) — 3 cases
State v. Riggs, 942 P.2d 1159 (Ariz. 1997).
“But these concerns can be addressed pretrial or during trial outside the presence of the jury.”
State v. Riggs, 925 P.2d 714 (Ariz. Ct. App. 1996).
“The state argues that the ruling was proper given the implications of A.R.S. § 13-4433(E). This statute provides that, if a defendant comments at trial on the victim's refusal to be interviewed, the jury is to be instructed that the victim has the right to refuse an interview,…”
— Ariz. Rev. Stat. § 13-4433(F) — 4 cases
State v. Roscoe, 912 P.2d 1297 (Ariz. 1996).
“See AR.S. § 13-4433. Following that enactment this court amended Rule 39 to conform to the Act.”
— Ariz. Rev. Stat. § 13-4433(G) — 5 cases
J.D. v. Hegyi, 320 P.3d 826 (Ariz. Ct. App. 2014).
“2007) (holding that a parent who exercises a minor’s right to refuse an interview under § 13-4433 may also exercise that right on the parent’s own behalf).”
Lincoln v. Holt, 156 P.3d 438 (Ariz. Ct. App. 2007).
“A.R.S. § 13-4433. Another statutory provision critical to our construction of § 13-4433(H) is A.”
— Ariz. Rev. Stat. § 13-4433(H) — 9 cases
Lincoln v. Holt, 156 P.3d 438 (Ariz. Ct. App. 2007).
“A.R.S. § 13-4433. Another statutory provision critical to our construction of § 13-4433(H) is A.”
J.D. v. Hegyi, 320 P.3d 826 (Ariz. Ct. App. 2014).
“2007) (holding that a parent who exercises a minor’s right to refuse an interview under § 13-4433 may also exercise that right on the parent’s own behalf).”
— Ariz. Rev. Stat. § 13-4433(a) — 1 case
— Ariz. Rev. Stat. § 13-4433(f) — 1 case
State v. Riggs, 942 P.2d 1159 (Ariz. 1997).
“But these concerns can be addressed pretrial or during trial outside the presence of the jury.”
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