Title 13 — Criminal Code

If the officer or person to whom the writ is directed refuses, after service thereof, to obey it, the court or judge shall, upon affidavit, issue an attachment against such person, directed to the sheriff, commanding him forthwith to apprehend the person, and bring him immediatel…

A. The person upon whom the writ is served shall state in his return, plainly and unequivocally whether or not he has the party in his custody or under his power or restraint and if so, by what authority, and the cause of such imprisonment or restraint, setting forth such authori…

A. The person upon whom the writ is served shall bring the body of the party in his custody or under his restraint before the court or judge according to the command of the writ. B. When from sickness or infirmity of the person directed to be produced, the person cannot without d…

A. The court or judge to whom the writ is returned shall, immediately after the return thereof, hear and examine the return, and such other matters as may be properly submitted. B. The petitioner may controvert the return, or object to the sufficiency thereof, or allege any fact …

A. If no legal cause is shown for the imprisonment or restraint, or for continuation thereof, the party shall be discharged from custody or restraint. B. If the time during which the party may be legally detained in custody has not expired and he is detained in custody by virtue …

If it appears, on the return of the writ, that the prisoner is in custody by virtue of process from any court of this state, or judge or officer thereof, the prisoner shall be discharged in any one of the following cases subject to the restrictions of section 13-4131: 1. When the…

If a person is committed or is in the custody of any officer on any charge by virtue of a warrant or commitment of a justice of the peace, such person shall not be discharged from imprisonment or custody on the ground of a mere defect of form in the warrant or commitment.

If it appears to the court or judge that the party is guilty of a criminal offense, or should not be discharged, the court or judge, although the charge is defectively set forth in the process or warrant of commitment, shall cause the witnesses to be subpoenaed to attend at the t…

When a person is imprisoned or detained in custody on any criminal charge for want of bail, such person shall be entitled to a writ of habeas corpus for the purpose of giving bail, upon averring that fact in his petition and without alleging that he is illegally confined. The cou…

A. If a party brought before the court or judge on the return of the writ, is not entitled to discharge or to bail, the court or judge shall remand him to the custody or restraint from which he is taken, if the person under whose custody or restraint he was is legally entitled th…

Until judgment is given on the return, the court or judge may commit the party to the custody of the sheriff of the county or place him in such care, or under such custody, as his age or circumstances may require.

No writ of habeas corpus shall be disobeyed for defect of form, if it sufficiently appears therefrom who has custody of, or who restrains the party imprisoned or restrained, the officer or person detaining him, and the court or judge before whom he is to be brought.

A person who has been discharged by order of the court or judge upon habeas corpus shall not be again imprisoned, restrained or kept in custody for the same cause, except: 1. If he was discharged from custody on a criminal charge, and is afterwards committed for the same offense …

A. When it appears from a petition, supported by satisfactory proof or affidavit, presented to a court or judge authorized to grant a writ of habeas corpus, that a person is illegally held in custody, confinement or restraint, and that there is good reason to believe that such pe…

A. The officer to whom the warrant authorized by section 13-4140 is delivered shall execute the warrant by bringing the person therein named before the court or judge who ordered the issuance of such warrant. B. The person alleged to have such party under illegal confinement or r…

A. Any writ or process authorized by this article may be issued and served on any day or at any time. B. The writs, processes, warrants and subpoenas shall be issued by the clerk of the court, and, except subpoenas, sealed with the seal of such court, and shall be served and retu…

No fee or compensation of any kind shall be charged or received by any officer for duties performed or services rendered in habeas corpus proceedings.

The writ of habeas corpus shall be substantially in the following form: "The state of Arizona - - To the sheriff of the county of ....... (or to 'A. B.'): We command you that you have the body of C.D., by you imprisoned and detained, as it is said, together with the time and caus…

An officer or person to whom a writ of habeas corpus is directed, who, after service thereof, neglects or refuses to obey the command thereof, or who, either solely or as a member of a court, knowingly and unlawfully recommits, imprisons or restrains of his liberty, for the same …

A person having in his custody, or under his restraint or power, any person for whom a writ of habeas corpus has been issued, who, with intent to elude the service of such writ, or to avoid the effect thereof, transfers such person to the custody of another, or places him under t…

In this article, unless the context otherwise requires: 1. "Accused" means a person who has been arrested for a felony committed in the state of Arizona and either has been bound over for trial pursuant to a finding by a magistrate during a preliminary hearing of probable cause o…

A. Every contract, whether written or oral, express or implied, with an accused with respect to the reenactment, description or depiction of a crime by movie, book, article, radio or television presentation, internet or on-line presentation or depiction, live entertainment or exp…

A. Notwithstanding any other law, the appropriate governmental entity shall retain all identified biological evidence that is secured in connection with a felony sexual offense or homicide for: 1. The period of time that a person who was convicted of a felony sexual offense or ho…

Subject to the limitations of section 13-4232, any person who has been convicted of or sentenced for a criminal offense may, without payment of any fee, institute a proceeding to secure appropriate relief on any of the following grounds: 1. The conviction or the sentence was in v…

A. A defendant is precluded from relief under this article based on any ground: 1. Still raisable on direct appeal or on a post-trial motion. 2. Finally adjudicated on the merits on appeal or in any previous collateral proceeding. 3. That was waived at trial, on appeal or in any …

A proceeding pursuant to this article is a part of the original criminal action and not a separate action. It displaces and incorporates all trial court post-trial remedies except post-trial motions and habeas corpus. If a defendant applies for a writ of habeas corpus in a court …

A. A proceeding is commenced by timely filing a notice of postconviction relief with the clerk of the court in which the conviction occurred. The clerk of the trial court shall provide notice forms for commencement of first and successive postconviction relief proceedings. The no…

A. In any post-conviction relief proceeding in a capital case in which an extension of the time to file a brief is requested, the victim, after filing a notice of appearance, has a right to respond to the request for extension within ten days after the filing of the request. B. O…

The defendant shall include every ground known to the defendant for vacating, reducing, correcting or otherwise changing all judgments or sentences imposed and shall verify under oath that the petition contains all such grounds. Facts within the defendant's personal knowledge sha…

A. Forty-five days after the filing of the petition, the state shall file with the court a response. Affidavits, the record and other evidence that are available to the state and that contradict the allegations of the petition shall be attached to the response. On a showing of go…

The court at any time may hold an informal conference to expedite the proceeding, at which the defendant need not be present if he is represented by counsel who is present.

A. The defendant is entitled to a hearing to determine issues of material fact, with the right to be present and to subpoena witnesses. If facilities are available, the court may, in its discretion, order the hearing to be held at the place of confinement, giving at least fifteen…

A. Any party aggrieved by a final decision of the trial court in these proceedings may, within fifteen days after the ruling of the court, move the court for a rehearing setting forth in detail the grounds for believing that the court erred. A response shall be filed within fifte…

A. At any time, a person who was convicted of and sentenced for a felony offense and who meets the requirements of this section may request the forensic deoxyribonucleic acid testing of any evidence that is in the possession or control of the court or the state, that is related t…

1. Forensically tested using a technique that was not available at the time of sentencing and that has become widely accepted in the scientific community through advances in technology. 2. Uploaded to searchable local, state or national databases that are subject to the standards…

A. This article applies to the testimony or statements of a minor in criminal proceedings involving acts committed against the minor or involving acts witnessed by the minor whether or not those acts are charged and in civil proceedings including proceedings involving a dependenc…

A. The recording of an oral statement of a minor made before a proceeding begins is admissible into evidence if all of the following are true: 1. No attorney for either party was present when the statement was made. 2. The recording is both visual and aural and is recorded on fil…

A. The court, on motion of the prosecution, may order that the testimony of the minor be taken in a room other than the courtroom and be televised by closed circuit equipment in the courtroom to be viewed by the court and the finder of fact in the proceeding. Only the attorneys f…

[Repealed or reserved.]

A. If a prosecutor charges a criminal offense by complaint, the prosecutor may attach an affidavit of a law enforcement officer or employee that swears on information and belief to the accuracy of the complaint in lieu of making an oath before a magistrate. B. For the purposes of…

A. A law enforcement agency that has a cold case shall establish and maintain a cold case register. The cold case register shall consist of the names of any victim, victim's family member or other lawful representative of a victim of a cold case who requests that the person's nam…

A. A peace officer, county enforcement agent or animal control officer who lawfully seizes an animal pursuant to section 13-2910 shall affix a notice of seizure in a conspicuous place where the animal was found or personally deliver the notice of seizure to the owner or keeper of…

In this article, unless the context otherwise requires: 1. "Cell site simulator device" means a portable device that transmits or receives radio waves to identify, locate or track the movements of a communications device. 2. "Cell site simulator device search warrant" means an or…

Except as otherwise provided in this article, article 8 of this chapter applies to the use of tracking device search warrants and cell site simulator device search warrants.

A. A tracking device search warrant may not be issued except on probable cause, supported by affidavit or oath, naming or particularly describing the person, or particularly describing the property, to be tracked. If the magistrate is satisfied that probable cause exists for the …

A. A cell site simulator device search warrant may not be issued except on probable cause, supported by affidavit or oath, naming or particularly describing the person using the communications device to be identified. If the magistrate is satisfied that probable cause exists for …

(Caution: 1998 Prop. 105 applies) In this article, unless the context otherwise requires: 1. "Alien" means a person who is not a citizen or national of the United States as described in 8 United States code section 1101. 2. "Port of entry" means a port of entry in the United Stat…

(Caution: 1998 Prop. 105 applies) A. It is unlawful for a person who is an alien to enter or attempt to enter this state directly from a foreign nation at any location other than a lawful port of entry. B. It is an affirmative defense to a violation of subsection A of this sectio…

(Caution: 1998 Prop. 105 applies) A. A person who is an alien commits refusal to comply with an order to return to a foreign nation if all of the following occur: 1. The person is charged with or convicted of an offense under this article. 2. A court, as applicable, issues an ord…

(Caution: 1998 Prop. 105 applies) A. At any time before a person is convicted of or adjudicated for a violation of section 13-4295.01, a court may dismiss the charge pending against the person and issue a written order in accordance with subsection B of this section. B. A written…