Title 13 — Criminal Code

(Caution: 1998 Prop. 105 applies) Notwithstanding any other law, this article may not be enforced in any manner until any part of section 2 of S.B. 4, 88th Leg., 4th Called Sess. (2023) that was enacted in the state of Texas, or any other law of any other state similar thereto, h…

(Caution: 1998 Prop. 105 applies) A. A state or local government entity, official, employee or contractor is immune from liability for damages arising from a cause of action under the laws of this state resulting from an action taken by the state or local government entity, offic…

(Caution: 1998 Prop. 105 applies) Notwithstanding any other law, If a county or local law enforcement agency does not have the capacity to hold a person who is arrested for or convicted of an offense included in this article, the director of the state department of corrections sh…

(Rpld. 7/1/27) A. Notwithstanding any other law, a claimant may bring an action in superior court seeking compensation from this state if the claimant establishes, by a preponderance of the evidence, that all of the following apply: 1. The claimant was convicted of a felony and s…

In this chapter, unless the context otherwise requires: 1. "Abandoned property": (a) Means personal property that the owner has intentionally relinquished the right to and control over. (b) Does not include property that is obtained as a result of a peace officer requesting, requ…

The state may commence a proceeding in the superior court if the property for which forfeiture is sought is within this state at the time of the filing of the action or if the courts of this state have in personam jurisdiction of an owner of or interest holder in the property.

A. A civil action brought pursuant to this chapter may be brought in the county in which the property is seized or in any county in which an owner or interest holder is criminally convicted of the offense that gave rise to the seizure of the property. B. A claimant or defendant m…

A. Except as provided in subsections B, C and D of this section, all property, including all interests in such property, described in a statute providing for its forfeiture is subject to forfeiture if both of the following apply: 1. The owner is convicted of an offense to which f…

A. Property subject to forfeiture under this chapter may be seized for forfeiture by a peace officer: 1. On process issued pursuant to the Arizona rules of civil procedure or this title, including a seizure warrant. 2. By making a seizure for forfeiture on property seized on proc…

A. If property subject to forfeiture under section 13-4305 is seized, the property is deemed to be in the custody of the law enforcement agency making the seizure for forfeiture. The seizing agency or the attorney for the state may authorize the release of the seizure for forfeit…

A. Within sixty days after making a seizure for forfeiture or simultaneously on filing a related criminal indictment, the state shall file a notice of pending forfeiture proceeding or return the property to the person from whom it was seized. A notice of pending forfeiture procee…

A. The attorney for the state shall determine whether it is probable that the property is subject to forfeiture and, if so, may cause the commencement of further judicial forfeiture proceedings for which a notice of pending forfeiture has been filed and made by filing a complaint…

B. A person who makes a timely motion for the return of property has a right to a hearing on the motion before the resolution of any related criminal matter or forfeiture proceeding and within thirty days after the date that the motion is filed. C. At least ten days before a hear…

A. A person who claims an interest in seized property shall file an answer to the complaint of forfeiture within thirty days after service of the forfeiture complaint. The answer must include facts to support the claimant's alleged interest in the property. The clerk of court may…

A. If a forfeiture is authorized by law, it may be ordered by a court on an action in rem brought by the state pursuant to a notice of pending forfeiture or a verified complaint for forfeiture. The state may serve the complaint in the manner provided by section 13-4307 or by the …

A. Any complaint, information or indictment alleging or charging one or more offenses included in section 13-2301, subsection D, paragraph 4 or a violation of section 13-2312, or any other offense giving rise to forfeiture under this title, shall set forth with reasonable particu…

A. The court shall order the forfeiture of any other property of a claimant or an in personam civil or criminal defendant up to the value of the claimant's or defendant's property that the court finds is subject to forfeiture if any of the following circumstances apply to the pro…

A. If no claims are timely filed, the attorney for the state shall apply to the court for an order of forfeiture and allocation of forfeited property pursuant to section 13-4315. On the state's written application showing jurisdiction, notice and facts sufficient to demonstrate p…

A. Any property, including all interests in property, forfeited to the state under this title shall be transferred as requested by the attorney for the state to the seizing agency or to the agency or political subdivision employing the attorney for the state, which may do any of …

In this chapter, unless the context otherwise requires: 1. "Accused" means a person who has been arrested for committing a criminal offense and who is held for an initial appearance or other proceeding before trial. 2. "Appellate proceeding" means any contested matter before the …

A. A neighborhood association may register with the city, town or county in which the neighborhood association is located to invoke the rights that are afforded pursuant to this article. The city, town or county shall establish procedures for the registration of neighborhood asso…

A. Except as provided in sections 13-4405 and 13-4433 and section 13-4408, subsection B, 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 v…

A. If a criminal offense against a victim has been charged but the prosecution on the count or counts involving the victim has been or is being dismissed as the result of a plea agreement in which the defendant is pleading to or pled to other charges, the victim of the offenses i…

A. If a victim is physically or emotionally unable to exercise any right but is able to designate a lawful representative who is not a bona fide witness, the designated representative may exercise the same rights that the victim is entitled to exercise. The victim may revoke this…

A corporation, partnership, association or other legal entity which, except for its status as an artificial entity, would be included in the definition of victim in section 13-4401, shall be afforded the following rights: 1. The prosecutor shall, within a reasonable time after ar…

A. As soon after the detection of a criminal offense as the victim may be contacted without interfering with an investigation or arrest, the law enforcement agency that has responsibility for investigating the criminal offense shall provide electronic forms, pamphlets, informatio…

A. Beginning on the effective date of this section, on the issuance of an arrest warrant, the court issuing the warrant shall state in the warrant whether the person named in the warrant is to be arrested for or is to be charged with committing a criminal offense as defined in se…

On becoming aware of the date, time and place of the initial appearance of the accused, the law enforcement agency shall inform the victim of that information unless the accused appeared in response to a summons or writ of habeas corpus. In that case, the prosecutor's office shal…

On the request of the victim, the custodial agency shall provide a copy of the terms and conditions of release to the victim unless the accused appeared in response to a summons. In that case, on request of the victim, the prosecutor's office, on receiving such information, shall…

A. Within seven days after the prosecutor charges a criminal offense by complaint, information or indictment and the accused is in custody or has been served a summons, the prosecutor's office shall give the victim notice of the following: 1. The victim's rights under the victims…

A. Except as provided in subsection B, the court shall provide notice of criminal proceedings, for criminal offenses filed by information, complaint or indictment, except initial appearances and arraignments, to the prosecutor's office at least five days before a scheduled procee…

A. The prosecutor's office, on request, shall give to the victim within fifteen days after the conviction or acquittal or dismissal of the charges against the defendant notice of the criminal offense for which the defendant was convicted or acquitted or the dismissal of the charg…

A. Within fifteen days after sentencing the prosecutor's office shall, on request, notify the victim of the sentence imposed on the defendant. B. The prosecutor's office shall provide the victim with a form that allows the victim to request post-conviction notice of all post-conv…

A. Within fifteen days after a defendant is sentenced to the state department of corrections, the prosecutor's office shall notify the victim of the right of the victim, any member of the victim's family or any member of the victim's household, to request not to receive any commu…

A. The sheriff or municipal jailer, on request, shall notify the victim and the prosecutor's office of the release of the accused. B. The custodial agency shall immediately give notice to a victim and the prosecutor's office of an escape by, and again on the subsequent rearrest o…

A. If the victim has made a request for post-conviction notice, the director of the state department of corrections shall mail to the victim the following information about a prisoner in the custody of the department of corrections: 1. Within thirty days after the request, notice…

A. The victim has the right to be present and be heard at any proceeding in which postconviction release from confinement is being considered pursuant to section 31-233, 31-411 or 41-1604.13. B. If the victim has made a request for postconviction notice, the board of executive cl…

A. On request of a victim who has provided an address or other contact information, the court or, if the case is in the superior court, the probation department shall notify the victim of any of the following: 1. A probation revocation disposition proceeding or any proceeding in …

A. If the victim has made a request for notice, a mental health treatment agency shall mail to the victim at least ten days before the release or discharge of the person accused or convicted of committing a criminal offense against the victim, notice of the release or discharge o…

A. The victim shall provide to and maintain with the agency that is responsible for providing notice to the victim a request for notice on a form that is provided by that agency or the investigating law enforcement agency. The form shall include a telephone number and address. If…

This chapter shall be liberally construed to preserve and protect the rights to which victims are entitled.

A. On request of the victim, the prosecuting attorney shall confer with the victim about the disposition of a criminal offense, including the victim's views about a decision not to proceed with a criminal prosecution, dismissal, plea or sentence negotiations and pretrial diversio…

The victim has the right to be present throughout all criminal proceedings in which the defendant has the right to be present.

The victim has the right to be heard at the initial appearance of the person suspected of committing the criminal offense against the victim.

The victim has the right to be heard at any proceeding in which the court considers the post-arrest release of the person accused of committing a criminal offense against the victim or the conditions of that release.

A. On request of the victim, the victim has the right to be present and be heard at any proceeding in which a negotiated plea for the person accused of committing the criminal offense against the victim will be presented to the court. B. The court shall not accept a plea agreemen…

A. The victim may submit a written impact statement or make an oral impact statement to the probation officer for the officer's use in preparing a presentence report. B. The probation officer shall consider the economic, physical and psychological impact that the criminal offense…

If the presentence report is available to the defendant, the court shall permit the victim to inspect the presentence report, except those parts excised by the court or made confidential by law. If the probation department excises any portion of the presentence report, it shall i…

A. The victim may present evidence, information and opinions that concern the criminal offense, the defendant, the sentence or the need for restitution at any aggravation, mitigation, presentencing or sentencing proceeding. B. At any disposition proceeding the victim has the righ…

In any proceeding in which the victim has the right to be heard pursuant to article II, section 2.1, Constitution of Arizona, or this chapter, the victim's right to be heard is exercised not as a witness, the victim's statement is not subject to disclosure to the state or the def…