In January 2020, Arizona’s 20th district State Senator Paul Boyer introduced SB1278 on the floor. This bill directly deals with the victim’s right to privacy and what information is protected from the defense and their attorneys. He believed that the location and any identifying information of a victim must be removed from any documents given to the defense attorney or its staff.
“Identifying information” is defined as the victim’s date of birth, social security number and official state or government issued driver license or identification number. And “locating information” specifically pertains to the victim’s address, telephone number, email address, and place of employment. Ultimately, unless the victim gives consent or the court finds that it is necessary to give that information, any identifying information or location should not be shared with the defense during the discovery phase or at any point in the case.
While I believe this bill is a noble idea, I wonder how effective/realistic it is in practice. SB1278 does not explicitly state when it is appropriate to give out victim’s information it only states when the courts deem there is a compelling need. There are too many loopholes in this bill that a defense attorney could simply argue that it is necessary even when it’s not. In order for this bill to really protect victims and their privacy, it should be reexamined and be more detailed.
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