13-4433

13-4433. Victim's right to refuse an
interview; applicability

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. For the purposes of this section, a peace officer shall not be considered a
victim if the act that would have made the officer a victim occurs while the peace
officer is acting in the scope of the officer's official duties.

H. This section applies to the parent or legal guardian of a minor child who
exercises victims' rights on behalf of the minor child.