The proposed bill would amend current statutes regarding the confidentiality of information submitted to silent witness programs. Under the new provisions,
disclosure of information that might identify an individual who submitted an anonymous tip is prohibited, with all tips lacking a full name deemed anonymous. Prosecutors are allowed to disclose such information only if required by constitutional, legal, or ethical duties, and they must make reasonable efforts to protect the anonymity of the tipster when disclosure is not mandated. Additionally,
no records that could identify an anonymous tipster would be subject to compulsory production unless a motion is filed in the appropriate superior court that establishes good cause for disclosure. The burden of proof for good cause would rest on the party filing the motion.
Furthermore, the bill stipulates that
silent witness programs must retain written tip materials until at least the first anniversary of either the expiration of all appeals in a criminal proceeding or the exhaustion of a plaintiff's appeal rights in a civil proceeding, whichever occurs last. The bill also clarifies that these nondisclosure and retention requirements do not expand the scope of discovery under Arizona court rules, ensuring that the integrity of anonymous reporting is maintained while allowing for necessary legal processes.
Statutes affected: Introduced Version: 12-2312
House Engrossed Version: 12-2312
Senate Engrossed Version: 12-2312
Chaptered Version: 12-2312