Title 13 — Criminal Code

A. The victim has the right to be present and be heard at any probation revocation disposition proceeding or any proceeding in which the court is requested to terminate the probation or intensive probation of a person who is convicted of committing a criminal offense against the …

A. It is at the victim's discretion to exercise the victim's rights under this chapter to be present and heard at a court proceeding, and the absence of the victim at the court proceeding does not preclude the court from going forth with the proceeding. B. Except as provided in s…

A. On request of the victim and after consultation with the prosecuting attorney, the law enforcement agency responsible for investigating the criminal offense shall return to the victim any property belonging to the victim that was taken during the course of the investigation or…

A. A crime victim advocate shall not disclose as a witness or otherwise any communication made by or with the victim, including any communication made to or in the presence of others, unless the victim consents in writing to the disclosure. B. Unless the victim consents in writin…

Before, during and immediately after any court proceeding, the court shall provide appropriate safeguards to minimize the contact that occurs between the victim, the victim's immediate family and the victim's witnesses and the defendant, the defendant's immediate family and defen…

If the prosecutor decides not to move to revoke the bond or personal recognizance of the defendant, the prosecutor shall inform the victim that the victim may petition the court to revoke the bond or personal recognizance of the defendant based on the victim's notarized statement…

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 in…

A. The victim has the right at any court proceeding not to testify regarding any identifying or locating information unless the victim consents or the court orders disclosure on finding that a compelling need for the information exists. A court proceeding on the motion shall be i…

A. In any criminal proceeding, the court, prosecutor and law enforcement officials shall take appropriate action to ensure a speedy trial for the victim. B. The prosecutor shall make reasonable efforts to notify a victim of any request for a continuance, except that if the victim…

A. The failure to comply with a victim's constitutional or statutory right is a ground for the victim to request a reexamination proceeding within ten days of the proceeding at which the victim’s right was denied or with leave of the court for good cause shown. After the victim r…

A. The rights enumerated in the victims' bill of rights, article II, section 2.1, Constitution of Arizona, any implementing legislation or court rules belong to the victim. The victim has standing to seek an order, to bring a special action or to file a notice of appearance in a …

In order to assure that any victim who comes before the court has been advised of the victim's constitutional rights, the following statement shall be prominently posted in each superior, justice of the peace and municipal court in this state and shall be read out loud by a judge…

1. Exercise the employee's right to be present at a proceeding pursuant to sections 13-4414, 13-4420, 13-4421, 13-4422, 13-4423, 13-4426, 13-4427 and 13-4436. 2. Obtain or attempt to obtain an order of protection, an injunction against harassment or any other injunctive relief to…

A. The victim has the right to be present and be heard at any proceeding in which a person's factual innocence is being considered pursuant to section 12-771. B. The prosecuting agency shall provide written notice of the following to the victim: 1. The date, time and location of …

A. A victim has the right to be present and be heard at any proceeding in which the defendant has filed a petition pursuant to section 13-925 to restore the defendant's right to possess a firearm. B. If the victim has made a request for postconviction notice, the attorney for the…

A. The court shall allow a victim who is under eighteen years of age to have a facility dog, if available, accompany the victim while testifying in court. A party seeking the use of a facility dog must file a notice with the court that includes the certification of the facility d…

To preserve and protect the rights of crime victims to justice, due process and other rights established for victims, it is the policy of this state that, following the final disposition of any criminal proceeding, the court may notify the victim that civil remedies may be availa…

In this chapter, unless the context otherwise requires: 1. "Clinical liaison" means a mental health expert or any other individual who has experience and training in mental health or developmental disabilities and who is qualified and appointed by the court to aid in coordinating…

A. A person shall not be tried, convicted, sentenced or punished for an offense if the court determines that the person is incompetent to stand trial. B. The prosecutor or defense attorney may file any pretrial motion at any time while the defendant is incompetent to stand trial.…

A. At any time after the prosecutor charges a criminal offense by complaint, information or indictment, any party or the court on its own motion may request in writing that the defendant be examined to determine the defendant's competency to stand trial, to enter a plea or to ass…

A. Notwithstanding any law to the contrary, if the court finds that a person has been previously adjudicated incompetent to stand trial pursuant to this chapter, the court may hold a hearing to dismiss any misdemeanor charge against the incompetent person. The court shall give te…

A. If the court determines pursuant to section 13-4503 that reasonable grounds exist for a competency examination, the court shall: 1. If the defendant is charged with only a misdemeanor, appoint one or more mental health experts to examine the defendant. 2. If the defendant is c…

A. On request of the court or any party, with the consent of the defendant and after a determination that a reasonable basis exists to support the plea of insanity, the mental health expert who is appointed pursuant to section 13-4505 shall provide a screening report that include…

A. The court shall set and may change the conditions under which the examination is conducted. B. The defense attorney shall be available to the mental health expert conducting the examination. C. A proceeding to determine if a defendant is competent to stand trial shall not dela…

A. The privilege against self-incrimination applies to any examination that is ordered by the court pursuant to this chapter. B. Any evidence or statement that is obtained during an examination is not admissible at any proceeding to determine a defendant's guilt or innocence unle…

A. An expert who is appointed pursuant to section 13-4505 shall submit a written report of the examination to the court within ten working days after the examination is completed. The report shall include at least the following information: 1. The name of each mental health exper…

A. Within thirty days after the report is submitted, the court shall hold a hearing to determine a defendant's competency to stand trial. The parties may introduce other evidence regarding the defendant's mental condition or may submit the matter by written stipulation on the exp…

If the court finds that a defendant is incompetent to stand trial, the court shall determine: 1. If the defendant is incompetent to refuse treatment, including medication, and should be subject to involuntary treatment. 2. The maximum sentence the defendant could have received pu…

A. The court may order a defendant to undergo out of custody competency restoration treatment. If the court determines that confinement is necessary for treatment, the court shall commit the defendant for competency restoration treatment to the competency restoration treatment pr…

A. If the court enters a treatment order pursuant to this chapter, the court shall appoint a clinical liaison to coordinate the continuity of care following restoration. The clinical liaison may not be the defendant's treatment supervisor. The clinical liaison shall be familiar w…

A. The person who supervises the treatment of a defendant who has been ordered to undergo treatment pursuant to section 13-4512 shall submit a written report to the court which shall make the report available to the prosecutor, the defense attorney and the clinical liaison as fol…

A. An order or combination of orders that is issued pursuant to section 13-4512 or 13-4514 shall not be in effect for more than twenty-one months or the maximum possible sentence the defendant could have received pursuant to section 13-702, section 13-703, section 13-704, subsect…

A. The court shall notify the central state repository established by section 41-1750 of any commitment that is ordered or any release that is authorized under this chapter and of any determination that a defendant has regained competency to stand trial. B. The court and the depa…

A. If the court finds that a defendant is incompetent to stand trial and that there is no substantial probability that the defendant will regain competency within twenty-one months after the date of the original finding of incompetency, any party may request that the court: 1. Re…

A. If the county attorney receives a report that determines a defendant is incompetent to stand trial, the county attorney may request that the defendant be screened to determine if the defendant may be a sexually violent person, if both: 1. The report concludes that there is no …

If a defendant is committed to the state hospital for the reason that he is insane or mentally defective to the extent that he is unable to understand the proceedings against him or to assist in his defense, if charged with a crime, or for the reason that he is found insane after…

When a defendant in a criminal action, any time prior to pronouncement of sentence, is committed to the state hospital, the expenses of transporting him to and from the hospital and of maintaining him while confined therein shall be a charge against the county in which the indict…

B. If the court does find the proof is evident or the presumption great pursuant to subsection A of this section, the court shall hold a trial within one hundred twenty days after the court issued the order pursuant to section 13-4517, subsection A, paragraph 4 to determine if th…

In this chapter, unless the context otherwise requires: 1. "Chop shop" means any building, lot or other premises in which one or more persons alters, destroys, disassembles, dismantles, reassembles or stores at least one motor vehicle or watercraft or two or more motor vehicle or…

A. A person shall not knowingly: 1. Own or operate a chop shop. 2. Transport a motor vehicle or motor vehicle part to or from a chop shop. 3. Sell or transfer to or purchase or receive from a chop shop a motor vehicle or motor vehicle part. 4. Remove, destroy, deface or otherwise…

A. The following items used or intended for use in violation of section 13-4702 are subject to seizure and forfeiture pursuant to chapter 39 of this title: 1. A motor vehicle or motor vehicle part. 2. Any tool, instrument or other implement. 3. Real property. B. The following pro…

In this chapter, unless the context otherwise requires: 1. "Acquire" means to electronically capture, record, reveal or otherwise access by means of any instrument, device or equipment a cellular or wireless telephone's electronic serial number or mobile identification number wit…

A. It is unlawful for a person to knowingly do any of the following: 1. Possess a cloned cellular or wireless telephone. 2. Possess an instrument that is capable of acquiring electronic serial number and mobile identification number combinations with the intent to clone a cellula…

In this chapter, unless the context otherwise requires: 1. "Armed nuclear security guard" means a security guard who works at a commercial nuclear generating station, who is employed as part of the security plan approved by the nuclear regulatory commission and who meets the requ…

A. A person commits criminal trespass on a commercial nuclear generating station by knowingly either: 1. Entering or remaining unlawfully in or on a commercial nuclear generating station. 2. Entering or remaining unlawfully within a structure or fenced yard of a commercial nuclea…

A. An armed nuclear security guard is justified in using physical force against another person at a commercial nuclear generating station or structure or fenced yard of a commercial nuclear generating station if the armed nuclear security guard reasonably believes that such force…

A. An armed nuclear security guard, with reasonable belief, may detain in or on a commercial nuclear generating station or a structure or fenced yard of a commercial nuclear generating station in a reasonable manner and for a reasonable time any person who is suspected of committ…

In this chapter, unless the context otherwise requires: 1. "Enter" means the intrusion of any part of any instrument or any part of a person's body inside of a military reservation or facility or a structure or fenced yard of a military reservation or facility. 2. "Entering or re…

A. A person commits criminal trespass on a military reservation or facility by knowingly entering or remaining unlawfully within a structure or fenced yard of a military reservation or facility. B. Criminal trespass on a military reservation or facility is a class 6 felony.

A. If the state has filed a notice of intent to seek the death penalty and the defendant is: 1. Convicted of first degree murder pursuant to section 13-1105, subsection A, paragraph 1 or 3 and was at least eighteen years of age at the time of the commission of the offense, the de…