41-198

41-198. Domestic violence fatality review
teams; duties; membership; report; confidentiality; violation;
classification; definitions

A. A political subdivision of this state or a combination of political subdivisions
may establish a domestic violence fatality review team to:

1. Examine incidents of domestic violence related fatalities to better understand
the dynamics of these fatalities.

2. Report to the office of the attorney general its findings and recommendations as
to how incidents of domestic violence related fatalities may be prevented and how the
system can be improved. The report shall not contain any information that identifies
individuals in specific incidents of domestic violence related fatalities.

3. Determine the number and type of incidents it wishes to review.

B. A review team shall not review a death until a criminal investigation or
proceeding connected with the death is completed.

C. A review team shall designate one of its members to serve as chairperson. The
chairperson shall call meetings as necessary and is responsible for submitting the report
prescribed in subsection A, paragraph 2.

D. All information and records acquired by a review team are confidential and are
not subject to subpoena, discovery or introduction into evidence in any civil or criminal
proceeding or disciplinary action. Information that is otherwise available from other
sources is not immune from subpoena, discovery or introduction into evidence through
those sources solely because they were presented to or reviewed by a review team.

E. A Member of a review team or any person who presents information to a review
team shall not be questioned in any civil or criminal proceeding or disciplinary action
regarding the information presented. This subsection does not prevent a person from
testifying regarding information obtained independently of the review team or as to
public information.

F. Review team meetings are closed to the public and are not subject to title 38,
chapter 3, article 3.1 if the review team is reviewing a domestic violence fatality case.
All other review team meetings are open to the public.

G. The political subdivision shall establish the membership of a review team. Each
review team may be comprised of the following:

1. A representative from a county or municipal law enforcement agency.

2. A representative of a county or municipal court.

3. A representative of a county or municipal prosecutor's office.

4. A representative of a local domestic violence prevention program.

5. A victim of domestic violence.

6. A representative of a county or state public health agency.

7. A representative of the office of the county medical examiner.

8. If child protective services received a report on any person residing with the
victim before the fatality, a representative of child protective services who serves the
area covered by the review team for the duration of the review of that fatality.

9. A representative of a statewide domestic violence coalition.

H. The office of the attorney general shall receive the reports of the domestic
violence fatality review teams and distribute copies of them to the president of the
senate, the speaker of the house of representatives, the governor and the chief justice
of the supreme court, on or before January 31 of each year. Copies shall also be provided
to the secretary of state and the director of the Arizona state library, archives and
public records.

I. When a review team concludes a fatality review, it shall return all information
and records concerning the victim and the family to the agency that provided the
information or, if directed by that agency, it shall destroy that information.

J. A person who violates the confidentiality requirements of this section is guilty
of a class 2 misdemeanor.

K. For the purposes of this section:

1. "Domestic violence" has the same meaning prescribed in section 13-3601.

2. "Domestic violence related fatality" means a homicide or suicide that is
committed by a party to the domestic violence and not committed by an on-duty police
officer acting within the scope of employment.

3. "Political subdivision" means a county, city or town.