Victims’ Rights Legislation in Arizona’s 2026 Session

By Brody Popham. 

Introduction

During the 2026 legislative session, Arizona lawmakers introduced several bills addressing the rights and procedural interests of crime victims. These proposals arrive almost thirty-six years after Arizona voters first approved the Arizona Victims’ Bill of Rights on November 6, 1990. 

The Arizona Victims’ Bill of Rights, which sits in Article II, Section 2.1 of the Arizona Constitution, guarantees crime victims core protections, including the right to be treated with fairness, respect, and dignity; the right to be informed of and present at criminal proceedings; the right to be heard; and the right to receive prompt restitution. These provisions rebalance a system historically centered on the state and the accused, ensuring that victims have notice, participation, and recognition throughout the criminal justice process.

However, constitutional recognition did not end the conversation. Over time, courts, prosecutors, defense counsel, and legislators have grappled with how these guarantees function in practice. The 2026 legislative session reflects this continuing discussion. A series of newly introduced bills reflect an ongoing effort to expand, enforce, and even redefine how victims’ rights operate in practice. Together, these measures illustrate Arizona’s commitment to victims’ rights to remain not only constitutionally protected, but actively developing.

S.B. 1211: Aggravated harassment; lifetime injunctions

Arizona S.B. 1211 proposes an amendment to A.R.S. § 13-719 requiring courts to issue lifetime no-contact injunctions against defendants convicted of felony aggravated harassment involving domestic violence when requested by a victim or prosecutor. The injunction would become part of criminal sentencing rather than require victims to seek separate civil relief.

Under current Arizona law, victims of certain enumerated felony offenses can already request that the sentencing court issue lifetime no-contact injunctions. S.B. 1211 would expand that list to include aggravated harassment involving domestic violence, reflecting concern that domestic violence victims often experience continued harassment or intimidation even after a conviction.

The bill offers several potential benefits to victims of domestic violence. By embedding the injunction within the criminal sentence, it reduces the administrative and emotional burden of seeking repeated short-term orders. It may also enhance victim safety and provide long-term peace of mind by deterring future contact from the offender. As of February 16, 2026, S.B. 1211 has passed the Senate and been transmitted to the Arizona House of Representatives for further consideration.

S.B. 1748: Victims’ Rights; Opt in Process

Arizona S.B. 1748 aims to modernize and consolidate how crime victims exercise their constitutional and statutory rights to receive case notifications across multiple criminal justice agencies. Rather than creating new substantive rights, this bill proposes to amend multiple sections of A.R.S. Title 13, Chapter 40 to create an “opt-in” system allowing victims to elect once to receive all notices and services available under Arizona law. That opt-in election would apply across all relevant agencies, reducing the need for multiple, duplicative requests. 

Under current practice, victims must submit separate opt-in request forms at different stages of criminal proceedings. For example, after sentencing, victims must complete a Post-Conviction Notification Request form to receive updates from the Department of Corrections, probation, and Attorney General’s Office. Appellate courts also require separate forms for appellate notice. This process can impose administrative burdens and increase the risk that a victim unintentionally loses access to notifications simply because of procedural requirements.

S.B. 1748 replaces this system with a single opt-in process. Once a victim submits the initial opt-in and provides their contact information, that preference would follow the case automatically through release notifications, sentencing and restitution updates, post-conviction and appellate proceedings, probation actions, and other statutory notification points without repeated requests. 

SB 1748 was introduced to the Senate on February 5, 2026 and remains in committee as of February 23, 2026. 

S.B. 1326: Victims’ Rights; Attorney Fees; Costs

S.B. 1326 seeks to add a discretionary fee-shifting provision to A.R.S. § 13-4437 to strengthen enforcement of the crime victims’ statutory and constitutional rights. Arizona’s Victims’ Bill of Rights guarantees protections such as the right to be treated with fairness, respect, and dignity; the right to be heard at proceedings; and the right to receive prompt restitution. A.R.S. § 13-4437 strengthens these constitutional guarantees by granting victims standing to enforce their rights and permitting damages actions against governmental entities for serious violations. However, current law generally requires victims to bear their own attorney fees.

S.B. 1326 addresses this gap. The bill would authorize courts to order a party who violates or exacerbates a violation of a victims’ rights to pay the victim’s reasonable attorney fees and costs, including fees for pro bono and legal-aid counsel. If enacted, this bill would likely produce a meaningful improvement in enforceability of victims’ rights. Fee-shifting may increase access to counsel and incentivize compliance by all parties. 

As of mid-February 2026, S.B. 1326 has been approved by the Senate’s Judiciary and Elections Committee and by the Senate’s Rules Committee. At this stage, S.B. 1326 awaits further action on the Senate floor. If approved by the Senate, it would be transmitted to the Arizona House of Representatives for their review.

Conclusion

The 2026 legislative session demonstrates that Arizona’s approach to victims’ rights remains dynamic. Nearly thirty-six years after voters approved the Victims’ Bill of Rights, lawmakers continue to refine how those constitutional guarantees operate in practice. 

The bills discussed do not fundamentally change Arizona’s constitutional framework. Instead, they focus on expanding access to protective orders, simplifying procedural mechanisms for notification, and strengthening enforcement tools through fee-shifting. Collectively, these measures reflect a legislative interest in strengthening victim protections, enhancing participation, and ensuring that constitutional promises translate into practical realities within Arizona’s criminal justice system.