13-4402. Implementation of rights and
duties
A. Except as provided in sections 13-4404 and 13-4405, 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 until restitution is paid or a
criminal restitution order is entered in favor of the victim pursuant to section 13-805.
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.
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