|
REFERENCE TITLE: sexual assault shield. |
|
State of Arizona Senate Forty-seventh Legislature Second Regular Session 2006
|
|
SB 1212 |
|
|
|
Introduced by Senators Jarrett, Bee; Representative Paton
|
AN ACT
Amending section 13-1421, Arizona Revised Statutes; relating to sexual offenses.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-1421, Arizona Revised Statutes, is amended to read:
13-1421. Evidence relating to victim's chastity; pretrial hearing; publication; classification
A. Evidence relating to a victim's reputation for chastity and opinion evidence relating to a victim's chastity are not admissible in any prosecution for any offense in this chapter. Evidence of specific instances of the victim's prior sexual conduct may be admitted only if a judge finds the evidence is relevant and is material to a fact in issue in the case and that the inflammatory or prejudicial nature of the evidence does not outweigh the probative value of the evidence, and if the evidence is one of the following:
1. Evidence of the victim's past sexual conduct with the defendant.
2. Evidence of specific instances of sexual activity showing the source or origin of semen, pregnancy, disease or trauma.
3. Evidence that supports a claim that the victim has a motive in accusing the defendant of the crime.
4. Evidence offered for the purpose of impeachment when the prosecutor puts the victim's prior sexual conduct in issue.
5. Evidence of false allegations of sexual misconduct made by the victim against others.
B. Evidence described in subsection A shall not be referred to in any statements to a jury or introduced at trial without a court order after a hearing on written motions is held to determine the admissibility of the evidence. If new information is discovered during the course of the trial that may make the evidence described in subsection A admissible, the court may hold a hearing to determine the admissibility of the evidence under subsection A. The standard for admissibility of evidence under subsection A is by clear and convincing evidence.
C. Evidence described in subsection A and the name, address or other identifying fact of or information regarding the victim shall not be published or broadcast without the victim's permission. Any person who prints, publishes or broadcasts or causes or allows to be printed, published or broadcast evidence described in subsection A or the name, address or other identifying fact of or information regarding the victim in any instrument of mass communication without the victim's express permission is guilty of a class 2 misdemeanor.