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Arizona Revised Statutes Title 13. Criminal Code § 13-4410. Notice of conviction, acquittal or dismissal; impact statement

Current as of January 01, 2025 | Updated by Findlaw Staff

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 charges against the defendant.

B. If the defendant is convicted and the victim has requested notice, the victim shall be notified, if applicable, of:

1. The function of the presentence report.

2. The name and telephone number of the probation department that is preparing the presentence report.

3. The right to make a victim impact statement under § 13-4424.

4. The defendant's right to view the presentence report.

5. The victim's right to view the presentence report except those parts excised by the court or made confidential by law and, on request, to receive a copy from the prosecutor.

6. The right to be present and be heard at any presentence or sentencing proceeding pursuant to § 13-4426.

7. The time, place and date of the sentencing proceeding.

8. If the court orders restitution, the right to:

(a) File a restitution lien pursuant to § 13-806.

(b) Request a copy of the defendant's restitution payment history from the clerk of the court pursuant to § 13-810 or 31-412.

C. The victim shall be informed that the victim's impact statement may include the following:

1. An explanation of the nature and extent of any physical, psychological or emotional harm or trauma suffered by the victim.

2. An explanation of the extent of any economic loss or property damage suffered by the victim.

3. An opinion of the need for and extent of restitution.

4. Whether the victim has applied for or received any compensation for the loss or damage.

D. Notice provided pursuant to this section does not remove the probation department's responsibility pursuant to § 12-253 to initiate the contact between the victim and the probation department concerning the victim's economic, physical, psychological or emotional harm. At the time of contact, the probation department shall advise the victim of the date, time and place of sentencing and of the victim's right to be present and be heard at that proceeding.

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Cite this article: FindLaw.com - Arizona Revised Statutes Title 13. Criminal Code § 13-4410. Notice of conviction, acquittal or dismissal; impact statement - last updated January 01, 2025 | https://codes.findlaw.com/az/title-13-criminal-code/az-rev-st-sect-13-4410/

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