reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-3989.02 - Admissibility; radio traffic records and recordings; definition

13-3989.02.
Admissibility;  radio traffic records and recordings;  definition
A. The records and recordings of public safety radio traffic calls are admissible in evidence in any action without testimony from a custodian of records if the records and recordings are accompanied by the following signed form:
The accompanying records and recordings and explanatory material are from the (name of agency) public safety answering point communications facility. This form authenticates (number) pages. These documents and tapes pertain to: case number ___________,  department report number ____________,  call receipt date and time ___________,  caller name _____________,  call origination location address ____________,  originating telephone number _____________,  dispatch time ___________,  arrival time _______________.
Signed:__________________ custodian of records.
B. Radio records and recordings and any copies of the records and recordings that comply with subsection A of this section are deemed to be authenticated pursuant to rule 901(b)(10) of the Arizona rules of evidence.
C. This section does not affect the confidentiality of medical records under section 12-2292.
D. For the purposes of this section,  " records and recordings"  includes radio calls,  data compilation from and copies of radio traffic records and recordings and accompanying explanatory materials.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-3990 - Notice of conviction of teachers

13-3990.
Notice of conviction of teachers
A. On the conviction of a person of an offense in this title or of any felony,  if the person is certified to teach by the state board of education or is teaching in a community college district or charter school,  the court or,  if directed by the court,  the clerk of the court shall provide the convicted person's name,  case number,  date of conviction and crime convicted of and,  if known,  the convicted person's social security number,  date of birth,  address and license or registration number to the state board of education,  to the community college district or to the charter school.
B. On request of an entity listed in subsection A of this section,  the court or,  if directed by the court,  the clerk of the court shall provide the requesting entity with a copy of the convicted person's judgment and sentence and of the opinion of the court,  if any opinion is filed.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-3995 - Hearing on motion of the secure mental health facility; expedited hearing; return to hospitalization

13-3995.
Hearing on motion of the secure mental health facility;  expedited hearing;  return to hospitalization
A. On the request of the secure mental health facility,  the court shall grant a hearing to monitor a person's progress on conditional release. The secure mental health facility shall include in the request the specific reasons for requesting the hearing and any records,  under seal,  of communications and reports that support the need for the hearing. On the request of the person or the secure mental health facility,  the court shall order the person's outpatient treatment supervisor to provide a mental health report to the court and the parties not later than fourteen days before the hearing.
B. If sufficient cause exists,  the secure mental health facility may request an expedited hearing. If requested,  the court shall set an expedited hearing to monitor a person's progress or mental health. The secure mental health facility must include in the request for the hearing the specific reasons for the expedited hearing and include records,  under seal,  of all communications and reports that support the need for the expedited hearing. The court may order an expedited mental health report from the person's outpatient treatment supervisor.
C. If a person is conditionally released to the community and the secure mental health facility has reason to believe that the person has violated the conditional release order or that the person's mental health has deteriorated,  the chief medical officer or the chief medical officer's designee may order the person's return to hospitalization. Before ordering a person's return to hospitalization,  the chief medical officer or the chief medical officer's designee shall consult with the outpatient treatment supervisor or the outpatient treatment supervisor's designee to determine if rehospitalization is necessary to protect the safety of the public or the person. With sufficient cause,  the chief medical officer or the chief medical officer's designee may waive the requirement to consult with the outpatient treatment supervisor or the outpatient treatment supervisor's designee and may issue the return order immediately. If the return order is issued before a consultation occurs,  the chief medical officer or the chief medical officer's designee shall consult with the outpatient treatment supervisor or the treatment supervisor's designee as soon as possible after the order is issued. The court shall be notified immediately and must set a hearing pursuant to section 13-3998.
D. All monthly monitoring reports regarding a person who is on conditional release shall be reviewed by the outpatient treatment supervisor,  and the outpatient treatment supervisor shall notify the court and the secure mental health facility of any changes in the person's condition.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-3997 - Hearing on motion of a person under the jurisdiction of the court

13-3997.
Hearing on motion of a person under the jurisdiction of the court
A. A person who is under the jurisdiction of the court may request and the court shall grant a hearing not sooner than one hundred twenty days after the person is committed to a secure mental health facility. After the initial hearing or any subsequent hearing,  a person may request and the court shall grant a hearing not sooner than twenty months after the previous hearing.
B. The court,  with sufficient cause,  may grant a motion for a hearing by the person at any time.
C. If the person is requesting a change in conditional release status,  the request must include a proposed form of order and may be accompanied by a mental health report.
D. If the person is conditionally released to the community and believes that rehospitalization is necessary to protect the person's safety or the safety of the public,  the person may present himself to the outpatient treatment supervisor and request that the outpatient treatment supervisor consult with the secure mental health facility and request that the chief medical officer for the secure mental health facility sign an order for immediate readmission to the secure mental health facility. The court shall set a hearing pursuant to section 13-3998. The inpatient and outpatient treatment supervisors shall submit a mental health report to the court within seven days after the person is readmitted.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-3998 - Return of person under jurisdiction to secure mental health facility; hearing; procedures

13-3998.
Return of person under jurisdiction to secure mental health facility;  hearing;  procedures
A. A written order of the court or the chief medical officer or the chief medical officer's designee is sufficient for a law enforcement officer to take a person into custody and to transport the person to a secure mental health facility. A copy of the return order must be immediately provided to the parties and the court. The sheriff or other peace officer shall execute the order and immediately notify the court of the person's return to the secure mental health facility.
B. Within twenty-four hours after a return order is issued,  the entity that ordered the return shall provide to the parties all information and evidence that was considered when ordering the person's return.
C. Within seven days after returning the person to the secure mental health facility pursuant to section 13-3995,  13-3996 or 13-3997,  the court shall hold a hearing to determine if the return was supported by sufficient cause. If the person's return was:
1. Not supported by sufficient cause,  the court shall order the person's immediate release under the previously imposed conditional release terms. The court,  with sufficient cause,  may amend the person's conditional release terms.
2. Supported by sufficient cause,  the court may amend the conditional release terms and release the person if the court finds by clear and convincing evidence that the safety of the community and the person is protected by the original or the amended conditional release terms.
3. Supported by sufficient cause and the court determines that the person is in need of further evaluation or treatment,  the court may suspend the terms of conditional release and set another hearing within ninety days. The inpatient treatment supervisor shall consult with the outpatient treatment supervisor and submit a mental health report to the court by a date set by the court. The mental health report must contain a recommendation to either terminate,  amend or reinstate the person's conditional release and include a proposed form of order.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-3999 - Hearing on expiration of jurisdiction

13-3999.
Hearing on expiration of jurisdiction
A. At least thirty days before the expiration of jurisdiction over a person pursuant to section 13-502,  the court shall set an expiration hearing and order the treatment supervisor to provide to the court and the parties a mental health report. The mental health report must include an evaluation of whether the person may be a danger to self or others or has a persistent and acute or grave disability and whether the person meets the criteria for involuntary hospitalization pursuant to title 36,  chapter 5.
B. At an expiration hearing and based on the evidence presented,  the court may allow jurisdiction to expire without further action or may order the county attorney of the committing county to begin proceedings for court-ordered evaluation pursuant to title 36,  chapter 5.
C. If the court orders an evaluation for a person who resides in the community,  the order must require the person's appearance at a specified time and location and participation in the evaluation before the expiration of jurisdiction. The treatment supervisor shall assist the person with securing transportation to the location of the evaluation.
D. If the court orders an evaluation for a person who resides in a secure mental health facility,  the court must order the sheriff of the committing county to transport the person at a specified time and location so that the person may participate in the evaluation before the expiration of supervisory jurisdiction over the person.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4000 - Independent qualified expert; evaluation

13-4000.
Independent qualified expert;  evaluation
A. Before any hearing,  either party may retain an independent qualified expert to evaluate the person and make recommendations to the court.
B. The county of the committing court shall pay all costs associated with the evaluation if the person is indigent.
C. If the person retains a qualified expert,  the qualified expert shall provide to the state's expert,  on request,  all records considered or generated by the qualified expert.
D. If the person retains a qualified expert,  the person must submit to the state's evaluation,  if requested,  or is precluded from presenting the person's own qualified expert opinion.
E. If providing testimony,  an independent qualified expert who is retained by either party must provide a written report to the remaining parties at least fourteen days before a hearing. If requested,  the qualified expert must be available for an interview or deposition by the opposing party.
F. Any party may request and the court,  with sufficient cause,  shall grant a continuance for a hearing to accommodate a reasonable request to obtain a qualified expert evaluation. A hearing that is requested pursuant to section 13-3998,  subsection C may not be continued at the state's request.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4001 - Transferring jurisdiction of a person from the psychiatric security review board to superior court; procedures

13-4001.
Transferring jurisdiction of a person from the psychiatric security review board to superior court;  procedures
A. If the board orders a person to be transferred to the superior court pursuant to section 13-3994,  the person's case shall be transferred to the committing court for suspension or imposition of sentence and a judicial review of the transfer,  or both.
B. Within twenty days after the board orders a person's transfer to the superior court,  the person may request a judicial review. A petition for judicial review shall be filed with the committing court and served on the board,  the secure mental health facility and the state.
C. At the judicial review hearing,  the treatment supervisor has the burden to prove by clear and convincing evidence that the transfer is appropriate. The issues of the review are limited to the following:
1. Whether the person needs ongoing treatment for a mental disease or defect.
2. Whether the person is dangerous to self or others.
3. Whether the person's offense is eligible for commitment to the state department of corrections.
D. If the court finds the transfer is appropriate,  the court shall suspend the person's sentence and place the person on supervised probation for the remainder of the commitment term or impose the sentence and order the person to be imprisoned in the state department of corrections for the remainder of the commitment term.
E. All time spent under the board's jurisdiction and any time spent incarcerated shall be credited against any sentence imposed.
F. If the court finds the transfer is not supported by the evidence,  the court shall transfer jurisdiction over the person back to the board pursuant to section 13-3994.
G. At the time of sentencing or placement on probation,  the court shall notify the person in writing of the person's appeal rights under rule 31,  Arizona rules of criminal procedure.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4011 - Costs of criminal action on removal before trial

13-4011.
Costs of criminal action on removal before trial
When a criminal action is removed to another county before trial,  the costs of removal and trial shall be a charge against the county in which the indictment or information is filed. The judge of the court in the county to which the action is removed shall certify the amount of the cost incurred,  giving the items thereof,  to the clerk of the board of supervisors of the county from which removed,  and the board shall audit and allow the amount certified and transmit a warrant therefor to the treasurer of the county to which the action was removed.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4012 - Costs of transmittal of records of prosecution to another county upon discovery that trial court is without jurisdiction

13-4012.
Costs of transmittal of records of prosecution to another county upon discovery that trial court is without jurisdiction
The expenses of transmitting to the county attorney of another county a certified copy of the indictment or information and all papers filed in an action,  pursuant to suspension of proceedings in a criminal action,  upon discovery during the trial that the court in which the trial was being conducted was without jurisdiction of the offense charged,  shall be a charge upon the county to which such papers are transmitted.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4013 - Counsel assigned in criminal proceeding or insanity hearings; investigators and expert witnesses; compensation

13-4013.
Counsel assigned in criminal proceeding or insanity hearings;  investigators and expert witnesses;  compensation
A. If counsel is appointed by the court and represents the defendant in either a criminal proceeding or insanity hearing,  counsel shall be paid by the county in which the court presides,  except that in those matters in which a public defender is appointed,  no compensation shall be paid by the county. Compensation for services rendered to the defendant shall be in an amount that the court in its discretion deems reasonable,  considering the services performed.
B. If a person is charged with a felony offense the court may on its own initiative and shall on application of the defendant and a showing that the defendant is financially unable to pay for such services appoint investigators and expert witnesses as are reasonably necessary to adequately present a defense at trial and at any subsequent proceeding.
C. Compensation for investigators and expert witnesses who are appointed pursuant to subsection B of this section shall be at such rates as the county contracts for such services. If a necessary expert witness represents a discipline or has a skill that is not then the subject of a county contract,  the county may either promptly procure those services pursuant to section 11-254.01 or ask the court to establish a reasonable fee for that witness. If no investigator or expert witness who is under contract with the county to provide services is available and the defendant is unable to obtain such services at the county rate,  the court shall establish a reasonable fee for the expert witness or investigator providing the service.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4014 - Fees for expert witnesses in sanity hearing; fees of physician examining defendant alleging pregnancy as cause for not pronouncing sentence

13-4014.
Fees for expert witnesses in sanity hearing;  fees of physician examining defendant alleging pregnancy as cause for not pronouncing sentence
A. When expert witnesses are appointed by the court in the conduct of a sanity hearing before or during the trial of a criminal action,  or prior to pronouncing sentence upon a person convicted of crime,  they shall be allowed such fees as the court in its discretion deems reasonable,  having regard to the services performed by the witnesses. The fees so allowed shall be paid by the county where the indictment was found or the information filed.
B. Physicians appointed by the court to examine a defendant who alleges pregnancy as a cause for not pronouncing sentence shall be allowed fees the court deems reasonable. Such fees shall be paid by the county in which the indictment was found or the information filed.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4021 - Competency to be executed; definition

13-4021.
Competency to be executed;  definition
A. A person who is sentenced to death shall not be executed as long as he is mentally incompetent to be executed.
B. As used in this article,  " mentally incompetent to be executed"  means that due to a mental disease or defect a person who is sentenced to death is presently unaware that he is to be punished for the crime of murder or that he is unaware that the impending punishment for that crime is death.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4023 - Recovery of competency

13-4023.
Recovery of competency
A. Within sixty days after a prisoner is committed for restoration to competency treatment,  the chief medical officer of the state hospital shall file with the superior court a report setting forth the treatment being provided,  the status of the prisoner and the prognosis as to when the prisoner will be competent. The chief medical officer shall provide copies of the report to all of the parties and to the Arizona supreme court. The chief medical officer shall update the report every sixty days until the prisoner is determined to be competent to be executed.
B. After a prisoner recovers competency to be executed,  the chief medical officer of the state hospital shall certify to the Arizona supreme court that the prisoner is competent. The Arizona supreme court shall order that the execution be conducted according to the original warrant,  if unexpired,  or shall issue a new warrant appointing a time for execution of the judgment.
C. After a prisoner recovers competency and within ten days after a warrant is issued,  the superior court shall appoint psychological experts pursuant to rule 11.3,  Arizona rules of criminal procedure to assess the prisoner's competency to be executed. After considering the written opinions of the appointed experts,  if the superior court believes that there is a significant question about the prisoner's competency to be executed,  the superior court shall conduct a competency hearing to address that issue. If the prisoner and the state agree,  the superior court may determine the issue of competency without a hearing and based on the submitted reports.
D. On the request of a party,  the superior court may appoint psychological experts after a prisoner's competency has been certified and before a warrant has been issued.
E. The prisoner may waive the appointment of experts pursuant to this section.
F. Within five days after the superior court determines a prisoner's competency to be executed,  a party may file with the supreme court a petition for special action to obtain review of the superior court's decision.
G. The costs incurred by the county in appointing experts under this section shall be paid pursuant to section 13-4022.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4024 - Untimely or successive motions

13-4024.
Untimely or successive motions
A. A motion for an examination under section 13-4022 that is filed fewer than twenty days before a scheduled execution is untimely and shall not be considered by the court unless it is accompanied by both of the following:
1. At least one affidavit from a licensed physician or licensed psychologist who has examined the prisoner that states the physician's or psychologist's opinion that the prisoner is not competent to be executed.
2. A statement that establishes good cause for the failure to file the motion in a timely manner.
B. A motion that is filed fewer than twenty days before a scheduled execution shall be served on the state department of corrections and the attorney representing the state in the criminal proceeding. The filing of an untimely motion constitutes consent by the prisoner to be evaluated by a mental health expert who is designated by the state department of corrections. The mental health expert shall report the expert's findings to the superior court and the parties as expediently as practicable. If the prisoner fails to cooperate with an evaluation,  the court shall dismiss the motion.
C. If the superior court denies a motion for an examination under section 13-4022 or determines that the prisoner is competent for execution,  no further hearings on competency may be granted unless the successive motion is accompanied by an affidavit from a physician who is licensed pursuant to title 32,  chapter 13 or 17 or a psychologist who is licensed pursuant to title 32,  chapter 19.1 and who has examined the prisoner and the affidavit shows a substantial change of circumstances since the previous motion for hearing was denied or the prior determination of competency was made and the showing is sufficient to raise a significant question about the prisoner's competency to be executed.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4025 - Procedure upon discovery that prisoner under death sentence may be pregnant; examination

13-4025.
Procedure upon discovery that prisoner under death sentence may be pregnant;  examination
If,  after delivery to the superintendent of the state prison of a female prisoner under a sentence of death,  there is reason at any time prior to execution of such sentence to believe that she is pregnant,  the superintendent shall give notice of such fact to the county attorney of the county in which the prison is located,  who shall immediately file in the superior court of such county a petition,  setting forth the conviction and sentence and the fact that the prisoner is believed to be pregnant,  and requesting that the question of pregnancy be determined. The court shall immediately summon three disinterested physicians to inquire into the alleged pregnancy and to report thereon. If the court,  after hearing the report of the physicians,  decides that the defendant is pregnant,  it shall make a written finding thereof and enter it upon the minutes.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4026 - Proceedings subsequent to examination for pregnancy

13-4026.
Proceedings subsequent to examination for pregnancy
A. If it is determined that the female prisoner is not pregnant,  the superintendent shall execute the sentence.
B. If it is determined that she is pregnant,  the superintendent shall suspend the execution of the sentence and transmit a certified copy of the finding to the governor.
C. When the governor receives from the superintendent a certificate that the defendant is no longer pregnant,  he shall issue to the superintendent his warrant,  appointing a day for the execution of the sentence.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4031 - Right of appeal

13-4031.
Right of appeal
The state,  or any party to a prosecution by indictment,  information or complaint,  may appeal as prescribed by law and in the manner provided by the rules of criminal procedure,  except criminal actions involving crimes for which a sentence of death has actually been imposed may only be appealed to the supreme court.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4032 - Appeal by state

13-4032.
Appeal by state
An appeal may be taken by the state from:
1. An order dismissing an indictment,  information or complaint or count of an indictment,  information or complaint.
2. An order granting a new trial.
3. A ruling on a question of law adverse to the state when the defendant was convicted and appeals from the judgment.
4. An order made after judgment affecting the substantial rights of the state or a victim,  except that the state shall only take an appeal on an order affecting the substantial rights of a victim at the victim's request.
5. A sentence on the grounds that it is illegal,  or if the sentence imposed is other than the presumptive sentence authorized by section 13-702,  section 13-703,  section 13-704 or section 13-706,  subsection A.
6. An order granting a motion to suppress the use of evidence.
7. A judgment of acquittal of one or more offenses charged in an indictment,  information or complaint or count of an indictment,  information or complaint that is entered after a verdict of guilty on the offense or offenses.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4033 - Appeal by defendant

13-4033.
Appeal by defendant
A. An appeal may be taken by the defendant only from:
1. A final judgment of conviction or verdict of guilty except insane.
2. An order denying a motion for a new trial.
3. An order made after judgment affecting the substantial rights of the party.
4. A sentence on the grounds that it is illegal or excessive.
5. An order that denied the defendant's eligibility to petition the court to seal the defendant's case records pursuant to section 13-911 if the sole basis for the appeal is the defendant's eligibility to petition the court.
B. In noncapital cases a defendant may not appeal from a judgment or sentence that is entered pursuant to a plea agreement or an admission to a probation violation.
C. A defendant may not appeal under subsection A,  paragraph 1 or 2 of this section if the defendant's absence prevents sentencing from occurring within ninety days after conviction and the defendant fails to prove by clear and convincing evidence at the time of sentencing that the absence was involuntary.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4034 - Expense of record or transcript upon appeal by indigent as county charge

13-4034.
Expense of record or transcript upon appeal by indigent as county charge
The expense of a certified copy of the record on appeal or of the reporter's transcript,  or both,  when appellant files an affidavit that he is without means or wholly unable to pay for such copies,  and such affidavit is found true,  shall be a charge upon the county in which the appellant was convicted.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4036 - Power of supreme court on appeal from judgment of conviction

13-4036.
Power of supreme court on appeal from judgment of conviction
The supreme court may reverse,  affirm or modify the judgment appealed from,  and may grant a new trial or render any judgment or make any order which is consistent with the justice and the rights of the state and the defendant. On an appeal from an order made after judgment,  it may set aside,  affirm or modify the order or any proceeding subsequent to or dependent upon such order.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4037 - Power of supreme court to correct and reduce sentence upon appeal by defendant

13-4037.
Power of supreme court to correct and reduce sentence upon appeal by defendant
A. Upon an appeal by the defendant either from a judgment of conviction or from sentence,  if an illegal sentence has been imposed upon a lawful verdict or finding of guilty by the trial court,  the supreme court shall correct the sentence to correspond to the verdict or finding. The sentence as corrected shall be enforced by the court from which the appeal was taken.
B. Upon an appeal from the judgment or from the sentence on the ground that it is excessive,  the court shall have the power to reduce the extent or duration of the punishment imposed,  if,  in its opinion,  the conviction is proper,  but the punishment imposed is greater than under the circumstances of the case ought to be inflicted. In such a case,  the supreme court shall impose any legal sentence,  not more severe than that originally imposed,  which in its opinion is proper. Such sentence shall be enforced by the court from which the appeal was taken.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4038 - Power of supreme court on appeal by state

13-4038.
Power of supreme court on appeal by state
Upon an appeal by the state from any order the supreme court may affirm or reverse such order. Upon an appeal from a sentence on the ground that it is illegal the court shall either approve such sentence or if it decides that the sentence is illegal shall correct the sentence to correspond to the verdict. The sentence as approved or corrected shall be enforced by the court from which the appeal was taken.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4040 - Divestiture of jurisdiction of supreme court after remission of minute entry and decision; exception

13-4040.
Divestiture of jurisdiction of supreme court after remission of minute entry and decision;  exception
After a certified copy of the minute entry and a copy of the decision of the supreme court in a criminal appeal has been remitted to the trial court from which the appeal was taken,  the supreme court shall have no further jurisdiction of the appeal,  or of the proceedings thereon. All orders which may be necessary to carry the decision of the supreme court into effect shall be made by the court to which the copy of the minute entry and decision is remitted,  except when a judgment or sentence of death has been affirmed on appeal after the time appointed for the execution of the sentence and the supreme court has fixed a new time for execution and issued a warrant to the director of the department of corrections to execute the sentence at the time designated in the warrant.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4042 - Appellate proceedings; request for extension; victim notification

13-4042.
Appellate proceedings;  request for extension;  victim notification
A. In any appellate 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. On the filing of a notice of appearance,  the victim shall serve a copy on the state and the defendant.
C. The victim may exercise the right to respond through the state.
D. The party that requests the extension shall provide notice of the request to the victim in a manner prescribed by the court.
E. This section does not provide any party or the victim with a right to oral argument.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4051 - Entry on records; stipulation; court order

13-4051.
Entry on records;  stipulation;  court order
A. Any person who is wrongfully arrested,  indicted or otherwise charged for any crime may petition the superior court for entry on all court records,  police records and any other records of any other agency relating to such arrest or indictment a notation that the person has been cleared.
B. After a hearing on the petition,  if the judge believes that justice will be served by such entry,  the judge shall issue the order requiring the entry that the person has been cleared on such records,  with accompanying justification therefor,  and shall cause a copy of such order to be delivered to all law enforcement agencies and courts. The order shall further require that all law enforcement agencies and courts shall not release copies of or provide access to such records to any person except on order of the court.
C. Any person who has notice of such order and fails to comply with the court order issued pursuant to this section shall be liable to the person for damages from such failure.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4062 - Anti-marital fact privilege; other privileged communications

13-4062.
Anti-marital fact privilege;  other privileged communications
A person shall not be examined as a witness in the following cases:
1. A husband for or against his wife without her consent,  nor a wife for or against her husband without his consent,  as to events occurring during the marriage,  nor can either,  during the marriage or afterwards,  without consent of the other,  be examined as to any communication made by one to the other during the marriage. These exceptions do not apply in a criminal action or proceeding for a crime committed by the husband against the wife,  or by the wife against the husband,  nor in a criminal action or proceeding against the husband for abandonment,  failure to support or provide for or failure or neglect to furnish the necessities of life to the wife or the minor children. Either spouse may be examined as a witness for or against the other in a prosecution for an offense listed in section 13-706,  subsection F,  paragraph 1,  for bigamy or adultery,  committed by either spouse,  or for sexual assault committed by the husband if either of the following occurs:
(a) Before testifying,  the testifying spouse makes a voluntary statement to a law enforcement officer during an investigation of the offense or offenses about the events that gave rise to the prosecution or about any statements made to the spouse by the other spouse about those events.
(b) Either spouse requests to testify.
2. An attorney,  without consent of the attorney's client,  as to any communication made by the client to the attorney,  or the attorney's advice given in the course of professional employment.
3. A clergyman or priest,  without consent of the person making the confession,  as to any confession made to the clergyman or priest in his professional character in the course of discipline enjoined by the church to which the clergyman or priest belongs.
4. A physician or surgeon,  without consent of the physician's or surgeon's patient,  as to any information acquired in attending the patient which was necessary to enable the physician or surgeon to prescribe or act for the patient.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4063 - Competency of female concerned in certain offenses; effect of marriage to accused

13-4063.
Competency of female concerned in certain offenses;  effect of marriage to accused
In a prosecution for rape,  abduction,  seduction,  pandering,  receiving earnings of a prostitute,  transporting a female for immoral purposes,  forcing a woman to marry,  defiling a woman,  inveigling or enticing a female into a house of ill-fame or to have illicit carnal relation with a man,  the female concerned in the offense is a competent witness to testify to any and all matters,  including conversations with the accused,  or by him with third persons in her presence,  notwithstanding her having married the accused either before or after the commission of the offense charged.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4064 - Order compelling person to testify or produce evidence; immunity from use of such evidence; contempt

13-4064.
Order compelling person to testify or produce evidence;  immunity from use of such evidence;  contempt
In any criminal proceeding before a court or grand jury,  if a person refuses to answer a question or produce evidence of any other kind on the ground that he may be incriminated thereby and if the prosecuting attorney,  in writing,  requests the court to order that person to answer the question or produce the evidence,  the court may so order and that person shall comply with the order. When the court denies such a request,  the court shall state its reasons for denial in writing. After complying,  such testimony or evidence,  or any information directly or indirectly derived from such testimony or evidence,  shall not be used against the person in any proceeding or prosecution for a crime or offense concerning which he gave answer or produced evidence under court order. However,  he may nevertheless be prosecuted or subjected to penalty or forfeiture for any perjury,  false swearing or contempt committed in answering,  or failing to answer,  or in producing,  or failing to produce,  evidence in accordance with the order. If a person refuses to testify after being granted immunity and after being ordered to testify as aforesaid,  he may be adjudged in contempt and committed to the county jail. If the grand jury before which he was ordered to testify has been dissolved,  he may then purge himself by testifying before the court.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4065 - Prohibition on psychological or psychiatric examination to determine credibility

13-4065.
Prohibition on psychological or psychiatric examination to determine credibility
Except on agreement of the parties or as provided in section 13-3993 or 13-4000,  the court shall not order an adult or child victim or witness in a prosecution for any offense in violation of chapter 14 of this title,  a dangerous crime against children in the first or second degree or child abuse to submit to a psychological or psychiatric examination for the purpose of assessing the witness' or victim's credibility.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4066 - Privileged communication; sex offender treatment; exception

13-4066.
Privileged communication;  sex offender treatment;  exception
A. Any statement that is made by a person who undergoes sex offender treatment that is ordered by the court or that is provided by the state department of corrections or the department of juvenile corrections to a person who is convicted of an offense listed in chapter 14 or 35.1 of this title and any evidence that results from that treatment is not admissible against the person in any criminal or juvenile delinquency proceeding unless the person consents,  except that the statement or evidence may be used pursuant to rule 404 (b) and (c),  Arizona rules of evidence.
B. This section does not apply if there is a reasonable belief that the person has committed a new violation of chapter 14 or 35.1 of this title during the course of the person's treatment. A treatment provider who complies with this subsection does not violate any privilege established by law.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4071 - Subpoena; issuance; duty of clerk

13-4071.
Subpoena;  issuance;  duty of clerk
A. The process by which attendance of a witness before a court or magistrate is required is a subpoena.
B. The subpoena may be signed and issued:
1. By a magistrate before whom a complaint is laid for witnesses,  either on behalf of the state or the defendant.
2. By the county attorney,  attorney general,  municipal prosecutor or city prosecutor for witnesses to appear before the grand jury,  or for witnesses on a complaint,  indictment or information to appear before the court in which the complaint,  indictment or information is to be heard or tried or by the county attorney,  attorney general,  municipal prosecutor or city prosecutor for witnesses requested by a grand jury.
3. By the clerk of the court in which an indictment or information is to be tried,  or by the clerk as authorized in subsection C.
C. The clerk of the court or the clerk's designee,  on request of the county attorney or attorney general,  shall issue a subpoena for witnesses to appear before the grand jury,  without prior authorization by a grand jury,  if all of the following occur:
1. A duly impaneled grand jury is sworn and is in existence at the time of the issuance of the subpoena.
2. The county attorney or attorney general designates the subpoena with the standard identifying grand jury number.
3. The county attorney or attorney general reports to the foreman of the grand jury,  or in the foreman's absence the acting foreman,  the fact of the issuance of the subpoena within ten days following its issuance or,  if the grand jury is in recess,  at the first succeeding session of the grand jury after the expiration of the ten day period.
4. The county attorney or attorney general reports to the presiding judge of the superior court the fact of the issuance of the subpoena within ten days following its issuance.
D. The clerk,  at any time,  on application of the defendant,  and without charge,  shall issue as many blank subpoenas,  subscribed by the clerk as clerk,  for witnesses as the defendant requires. Blank subpoenas shall not be used to procure discovery in a criminal case,  including to access the records of a victim. Records relating to recovered memories or disassociated memories may be subject to subpoena only if the state seeks to introduce evidence of the victim's recovered or disassociated memory,  the records are not otherwise privileged and the court approves the subpoena after a hearing. The victim shall be given notice of and the right to be heard at any proceeding involving a subpoena for records of the victim from a third party.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4072 - Service of subpoena

13-4072.
Service of subpoena
A. A subpoena may be served by any person.
B. A subpoena may be served by any of the following methods:
1. Personal service.
2. Certified mail.
3. First class mail,  if a certificate of service and return card is returned by the addressee.
C. Personal service of a subpoena is made by showing the original to the witness personally,  informing him of its contents and delivering a copy of the subpoena to such witness. Written return of service of a subpoena must be made without delay,  stating the time and place of service.
D. Subpoenas may be served by certified mail for delivery to addressee only. The subpoena shall be registered and mailed,  postage and registry fee prepaid,  to the addressee with a request endorsed on the envelope in the usual form for the return of the letter to the sender if not delivered within five days. The receipt of such certified letter by the addressee is deemed valid service upon him and the returned receipt signed by the addressee named in the subpoena is prima facie evidence of notification.
E. Subpoenas may be served by first class mail if the addressee is supplied with a certificate of service and return card. The return of such card signifies and states that the addressee has received official notice to appear in court,  that he waives all further service of subpoena and that he submits to the jurisdiction of the court for the purposes set forth in the subpoena. The return of the signed card is prima facie evidence of notification.
F. A peace officer shall serve in his county any subpoena delivered to him for service,  either on behalf of this state or the defendant.
G. The methods described in this section also apply to out-of-county subpoenas as set forth in section 13-4076.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4074 - Attendance of witness; liability for nonattendance; appearance bond forfeiture

13-4074.
Attendance of witness;  liability for nonattendance;  appearance bond forfeiture
A. A witness who has been subpoenaed to appear in a criminal action shall appear as directed and at any additional times as the court directs without further subpoena,  until finally discharged by the court.
B. If the witness who is subpoenaed fails to attend and be present in court as directed,  the cost of securing the attendance of the witness shall be assessed against the witness unless excused by the court for good cause.
C. If the witness deposits an appearance bond and subsequently fails to appear,  the bond may be forfeited pursuant to the Arizona rules of criminal procedure.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4075 - Removal of prisoner to attend as witness; procedure; duty of sheriff

13-4075.
Removal of prisoner to attend as witness;  procedure;  duty of sheriff
A. When the testimony of a material witness for the state or for defendant is required in a criminal action before a court of record,  and the witness is a prisoner in the state prison,  or a jail,  an order for his temporary removal from such prison or jail,  and for his production before the court,  may be made by the court in which the action is pending,  or by the judge thereof. If the prison or jail is without the county in which the application is made,  the order shall be made only upon the affidavit of the attorney for the state or for defendant,  showing that the testimony is material and necessary. The granting of the order is in the discretion of the court or judge.
B. The order provided in subsection A of this section shall be executed by the sheriff of the county in which it is made,  who shall bring the prisoner before the court,  safely keep him and,  when he is no longer required as a witness,  return him to the prison or jail from which he was taken.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4077 - Allowance of expenses of out of county or indigent witness

13-4077.
Allowance of expenses of out of county or indigent witness
A. When a witness has been subpoenaed to appear before a magistrate,  grand jury or court,  the witness may receive a reasonable amount for travel expenses if either:
1. The witness resides outside of the county in which the legal proceeding is held.
2. The witness is unable to pay for these travel expenses.
B. The board of supervisors shall pay the witness only on the order of the presiding judge of the superior court.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4082 - Material witness bond

13-4082.
Material witness bond
In a grand jury proceeding or pending criminal action,  the state or the defendant may certify by motion that the presence of a material witness is required. If the court finds that a material witness is unlikely to appear or testify,  the court may require the material witness to appear and post a secured or unsecured appearance bond. On proper notice to the material witness,  the court may modify the requirements of the appearance bond when necessary to ensure the material witness will appear and testify as directed.