8-416. Standing to invoke rights; recovery of
damages; right to counsel
A. The victim has standing to seek an order, to bring a special action or to file a
notice of appearance in an appellate proceeding seeking to enforce any right or to
challenge an order denying any right guaranteed to victims under the victims' bill of
rights, article II, section 2.1, Constitution of Arizona, this article or court
rules. In asserting any right, the victim has the right to be represented by personal
counsel at the victim's expense.
B. A victim has the right to recover damages from a governmental entity responsible
for the intentional, knowing or grossly negligent violation of the victim's rights under
the victims' bill of rights, article II, section 2.1, Constitution of Arizona, any
implementing legislation or court rule. Nothing in this section alters or abrogates any
provision for immunity provided for under common law or statute.
C. At the request of the victim, the prosecutor may assert any right to which the
victim is entitled.
D. On the filing of a notice of appearance and if present, counsel for the victim
shall be included in all bench conferences and in chambers meetings and sessions with the
trial court that directly involve a victim's right enumerated in article II, section 2.1,
Constitution of Arizona.
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