Arizona Revised Statutes (Last Updated: March 31, 2016) |
Title 13. Criminal Code |
Chapter 38. MISCELLANEOUS |
Article 1. Prevention of Offenses |
Sec 13-3801. Preventing offenses; aiding officer |
Sec 13-3802. Right to command aid for execution of process; punishment for resisting process |
Sec 13-3803. Preserving peace at public meetings |
Sec 13-3804. Duty of officers to disperse unlawful assembly |
Sec 13-3806. Duty of physician or attendant upon treating certain wounds; classification |
Article 2. Security to Keep the Peace |
Sec 13-3811. Complaint |
Sec 13-3812. Examination of complainant; issuance of summons or warrant of arrest |
Sec 13-3813. Hearing; discharge; bond; new bond; filing |
Sec 13-3814. Effect of filing bond; failure to file |
Sec 13-3815. Breach and forfeiture; action for recovery; effect of conviction |
Sec 13-3816. Offense or threat in presence of magistrate; bond |
Article 3. Registration of Sex Offenders and Offender Monitoring |
Sec 13-3821. Persons required to register; procedure; identification card; assessment; definitions |
Sec 13-3822. Notice of moving from place of residence or change of name or electronic information; forwarding of information; definitions |
Sec 13-3823. Access to records |
Sec 13-3824. Violation; classification; assessment |
Sec 13-3825. Community notification |
Sec 13-3827. Internet sex offender website; investigation of records; immunity; definition |
Sec 13-3829. Criminal street gang and sex offender monitoring; qualified vendor; definition |
Article 4. Close Pursuit |
Sec 13-3831. Definitions |
Sec 13-3832. Authority of peace officer entering state in close pursuit |
Sec 13-3833. Arrest and hearing; duty of officer and magistrate |
Sec 13-3834. Effect of arrest |
Article 5. Uniform Criminal Extradition Act |
Sec 13-3841. Definitions |
Sec 13-3842. Fugitives from justice; duty of governor |
Sec 13-3843. Form of demand |
Sec 13-3844. Governor may investigate case |
Sec 13-3845. Extradition documents; contents |
Sec 13-3846. Extradition of persons not present in demanding state at time of commission of crime |
Sec 13-3847. Issue of governor's warrant of arrest; its recital |
Sec 13-3848. Manner and place of execution |
Sec 13-3849. Authority of arresting officer |
Sec 13-3850. Duty of arresting officer; application for writ of habeas corpus; notice |
Sec 13-3851. Noncompliance with preceding section; classification |
Sec 13-3852. Confinement in jail when necessary |
Sec 13-3853. Arrest prior to requisition |
Sec 13-3854. Arrest without a warrant |
Sec 13-3855. Commitment to await requisition; bail |
Sec 13-3856. Bail; in what cases; conditions of bond |
Sec 13-3857. If no arrest made on governor's warrant before the time specified |
Sec 13-3858. Forfeiture of bail |
Sec 13-3859. Persons under criminal prosecution in this state at time of requisition |
Sec 13-3859.01. Local criminal prosecution; continuance of status; time limits tolled |
Sec 13-3859.02. Imprisonment; alternative methods of extradition |
Sec 13-3860. Guilt or innocence of accused; when inquired into |
Sec 13-3861. Governor may recall warrant or issue alias |
Sec 13-3862. Fugitives from this state; duty of governors |
Sec 13-3863. Application for issuance of requisition; by whom made; contents |
Sec 13-3864. Payment of account of agent; method as exclusive; classification |
Sec 13-3865. Exemption from civil process |
Sec 13-3865.01. Written waiver of extradition proceedings; prior waiver |
Sec 13-3866. No right of asylum |
Sec 13-3867. Interpretation |
Sec 13-3868. Short title |
Sec 13-3869. Extradition of persons to and from Indian jurisdiction |
Sec 13-3870. Executive agreements |
Sec 13-3870.01. Use of facsimile signature |
Sec 13-3870.02. Extradition; recovery of expenses |
Article 6. Authority of Peace Officers Outside Geographical Area of Agency |
Sec 13-3871. Authority of peace officers |
Sec 13-3872. Mutual aid agreements |
Sec 13-3873. Provisions cumulative and supplemental |
Sec 13-3874. Indian police; powers; qualifications |
Sec 13-3875. Cross-certification of federal peace officers; policy; powers; qualifications; liability; records |
Article 7. Arrest |
Sec 13-3881. Arrest; how made; force and restraint |
Sec 13-3882. Time of making arrest |
Sec 13-3883. Arrest by officer without warrant |
Sec 13-3884. Arrest by private person |
Sec 13-3885. Arrest of principal by surety; prohibited conduct; violation; classification; definitions |
Sec 13-3886. Arrest by telephone or telegram; filing copy of warrant |
Sec 13-3887. Method of arrest by officer by virtue of warrant |
Sec 13-3888. Method of arrest by officer without warrant |
Sec 13-3889. Method of arrest by private person |
Sec 13-3890. Fingerprinting at time of arrest; order for fingerprints; retention |
Sec 13-3891. Right of officer to break into building |
Sec 13-3892. Right of private person to break into building |
Sec 13-3893. Right to break door or window to effect release |
Sec 13-3894. Right to break into building in order to effect release of person making arrest detained therein |
Sec 13-3895. Weapons to be taken from person arrested |
Sec 13-3896. Arrest after escape or rescue; method of recapture |
Sec 13-3897. Duty of officer after arresting with warrant |
Sec 13-3898. Arrest without warrant; magistrate; complaint |
Sec 13-3899. Complaint need not be verified |
Sec 13-3900. Duty of private person after making arrest |
Sec 13-3901. Right of attorney to visit person arrested |
Sec 13-3902. Treatment of arrested person |
Sec 13-3903. Notice to appear and complaint |
Sec 13-3904. Violation of promise to appear; classification |
Sec 13-3905. Detention for obtaining evidence of identifying physical characteristics; definition |
Sec 13-3906. Processing arrestees; citizenship determination; notice |
Sec 13-3907. Arrest with warrant; detention officer; definition |
Article 8. Search Warrant |
Sec 13-3911. Definition |
Sec 13-3912. Grounds for issuance |
Sec 13-3913. Conditions precedent to issuance |
Sec 13-3914. Examination on oath; affidavits |
Sec 13-3915. Issuance; form of warrant; duplicate original warrant; telefacsimile |
Sec 13-3916. Service of warrant; breaking and entering to execute |
Sec 13-3917. Time of service; exception |
Sec 13-3918. Time of execution and return |
Sec 13-3919. Receipt for property; definitions |
Sec 13-3920. Retention of property |
Sec 13-3921. Return of warrant and inventory; copy of inventory |
Sec 13-3922. Controverting grounds of issuance; procedure; restoration of property |
Sec 13-3923. Filing and transmittal of papers |
Sec 13-3924. Unlawful procurement of search warrant without probable cause |
Sec 13-3925. Unlawful search or seizure; admissibility of evidence; definitions |
Article 9. Search of the Accused |
Sec 13-3931. Search of accused by magistrate |
Article 10. Disposition of Seized Property in Custody of Magistrate or Peace Officer |
Sec 13-3941. Disposition and return of stolen or embezzled property |
Sec 13-3942. Delivery of unclaimed stolen or embezzled property to county sheriff |
Article 11. Preliminary Hearings |
Sec 13-3951. Order of commitment; duty of officer |
Sec 13-3952. Compensation of court reporter appearing at preliminary hearing; fees for transcribing notes |
Article 12. Bail |
Sec 13-3961. Offenses not bailable; purpose; preconviction; exceptions |
Sec 13-3961.01. Offenses not bailable; postconviction; exceptions |
Sec 13-3962. Admission to bail in certain non-bailable offenses |
Sec 13-3963. Admission to bail when arrest occurs in another county |
Sec 13-3964. Bail when warrant issued in other county |
Sec 13-3965. Procedure when bail not given |
Sec 13-3966. Validity of undertaking by minor |
Sec 13-3967. Release on bailable offenses before trial; definition |
Sec 13-3968. Violation of conditions of release; hearing |
Sec 13-3969. Bail bond agent lists; prohibition; rotation; acceptance of bonds |
Sec 13-3971. Bail after examination |
Sec 13-3972. Restraint before conviction |
Sec 13-3974. Exoneration of appearance bond; remission |
Article 13. Trials |
Sec 13-3981. Compromise of misdemeanors and petty offenses; domestic violence; effect of order of dismissal; exceptions and limitations |
Sec 13-3983. Waiver of jury by consent of parties |
Sec 13-3984. Procedure where proof shows higher offense; effect |
Sec 13-3985. Effect of acquittal on merits |
Sec 13-3986. Title of affidavits or depositions |
Sec 13-3987. Harmless error |
Sec 13-3988. Admissibility of confessions |
Sec 13-3989. Admissibility in evidence of eye witness testimony |
Sec 13-3989.01. Admissibility; 911 emergency service records and recordings; definition |
Sec 13-3989.02. Admissibility; radio traffic records and recordings; definition |
Sec 13-3990. Notice of conviction of teachers |
Article 14. Procedures on Issue of Insanity of Defendant |
Sec 13-3991. Detention of defendant during insanity; restoration to sanity |
Sec 13-3992. Expenses of maintenance of insane defendant as county charge |
Sec 13-3993. Examination of defendant pleading not guilty by reason of insanity; privilege inapplicability; reports |
Sec 13-3994. Commitment; hearing; jurisdiction; definition |
Article 16. Costs, Fees, and Disposition of Fines and Forfeitures |
Sec 13-4011. Costs of criminal action on removal before trial |
Sec 13-4012. Costs of transmittal of records of prosecution to another county upon discovery that trial court is without jurisdiction |
Sec 13-4013. Counsel assigned in criminal proceeding or insanity hearings; investigators and expert witnesses; compensation |
Sec 13-4014. Fees for expert witnesses in sanity hearing; fees of physician examining defendant alleging pregnancy as cause for not pronouncing sentence |
Article 17. Insanity or Pregnancy of Person Under Death Sentence |
Sec 13-4021. Competency to be executed; definition |
Sec 13-4022. Determining competency |
Sec 13-4023. Recovery of competency |
Sec 13-4024. Untimely or successive motions |
Sec 13-4025. Procedure upon discovery that prisoner under death sentence may be pregnant; examination |
Sec 13-4026. Proceedings subsequent to examination for pregnancy |
Article 18. Appeals |
Sec 13-4031. Right of appeal |
Sec 13-4032. Appeal by state |
Sec 13-4033. Appeal by defendant |
Sec 13-4034. Expense of record or transcript upon appeal by indigent as county charge |
Sec 13-4036. Power of supreme court on appeal from judgment of conviction |
Sec 13-4037. Power of supreme court to correct and reduce sentence upon appeal by defendant |
Sec 13-4038. Power of supreme court on appeal by state |
Sec 13-4039. Failure of appellant to prosecute appeal; effect |
Sec 13-4040. Divestiture of jurisdiction of supreme court after remission of minute entry and decision; exception |
Sec 13-4041. Fee of counsel assigned in criminal proceeding or insanity hearing on appeal or in postconviction relief proceedings; reimbursement |
Sec 13-4042. Appellate proceedings; request for extension; victim notification |
Article 19. Entry of Clearance on Records |
Sec 13-4051. Entry on records; stipulation; court order |
Article 20. Competency and Privileges |
Sec 13-4061. Competency of witness |
Sec 13-4062. Anti-marital fact privilege; other privileged communications |
Sec 13-4063. Competency of female concerned in certain offenses; effect of marriage to accused |
Sec 13-4064. Order compelling person to testify or produce evidence; immunity from use of such evidence; contempt |
Sec 13-4065. Prohibition on psychological or psychiatric examination to determine credibility |
Sec 13-4066. Privileged communication; sex offender treatment; exception |
Article 21. Attendance of Witnesses |
Sec 13-4071. Subpoena; issuance; duty of clerk |
Sec 13-4072. Service of subpoena |
Sec 13-4073. Refusal to attend, be sworn or testify as contempt; civil liability |
Sec 13-4074. Attendance of witness; liability for non-attendance |
Sec 13-4075. Removal of prisoner to attend as witness; procedure; duty of sheriff |
Sec 13-4077. Allowance of expenses of out of county or indigent witness |
Article 22. Material Witnesses |
Sec 13-4081. Undertaking by witnesses |
Sec 13-4082. When further security may be required |
Sec 13-4083. Procedure when witness does not give security |
Sec 13-4084. Undertaking by witnesses in other courts |
Sec 13-4085. Release or detention of material witness; depositions |
Article 23. Uniform Act to Secure the Attendance of Witnesses From Without a State in Criminal Proceedings |
Sec 13-4091. Definitions |
Sec 13-4092. Summoning witness in this state to testify in another state |
Sec 13-4093. Witness from another state summoned to testify in this state |
Sec 13-4094. Exemption from arrest and service of process |
Sec 13-4095. Uniformity of interpretation |
Sec 13-4096. Short title |
Article 24. Deposition of Witness Within the State |
Sec 13-4101. Witness for defendant |
Sec 13-4102. Grounds for examination; application |
Sec 13-4103. Order for examination; notice; proof of service |
Sec 13-4104. Attendance of witness; testimony; transmittal |
Sec 13-4105. Use of deposition at trial; objection to testimony |
Article 25. Deposition of Witness Without the State |
Sec 13-4111. Witness for defendant; grounds; application; issuance of commission; stay of trial |
Sec 13-4112. Interrogatories and cross-interrogatories; notice; service; duty of court; execution of commission |
Sec 13-4113. Duty of commissioner in executing commission; attachment of section to commission |
Sec 13-4114. Receipt and filing of commission; inspection |
Sec 13-4115. Use of deposition at trial; objection to testimony |
Sec 13-4116. Delivery of commission by agent; inability of agent to deliver |
Article 26. Habeas Corpus |
Sec 13-4121. Prosecution of writ |
Sec 13-4122. Application for writ |
Sec 13-4123. Granting of writ; remand of prisoner |
Sec 13-4124. Granting writ; time; bail |
Sec 13-4125. Direction of writ |
Sec 13-4126. Delivery and service of writ |
Sec 13-4127. Compelling obedience to writ |
Sec 13-4128. Return to writ |
Sec 13-4129. Production of prisoner; exception |
Sec 13-4130. Hearing on return |
Sec 13-4131. Discharge of prisoner |
Sec 13-4132. Discharge of prisoner held on process |
Sec 13-4133. Effect of defect in form |
Sec 13-4134. Defective process or commitment; re-examination |
Sec 13-4135. Writ to admit to bail |
Sec 13-4136. Remand of prisoner |
Sec 13-4137. Custody pending judgment |
Sec 13-4138. Disobedience of writ for defect of form |
Sec 13-4139. Finality of discharge; exceptions |
Sec 13-4140. Warrant for immediate production of person restrained or restraining; grounds |
Sec 13-4141. Execution of warrant; return and hearing |
Sec 13-4142. Issuance, service and return of writ or process; time; manner; duty of clerk |
Sec 13-4143. Charging fee in habeas corpus prohibited |
Sec 13-4144. Form of writ |
Sec 13-4145. Disobedience of command of writ; classification |
Sec 13-4147. Avoidance of command of writ; classification |
Article 27. Crime Victim Accounts |
Sec 13-4201. Definitions |
Sec 13-4202. Void contracts; crime victim accounts; establishment; notice to victims; exceptions; civil liability; definition |
Article 28. Retention and Preservation of Biological Evidence |
Sec 13-4221. Preservation of biological evidence; retention period; definitions |
Article 29. Post-Conviction Relief |
Sec 13-4231. Scope of post-conviction relief |
Sec 13-4232. Preclusion of post-conviction relief; exceptions; proof |
Sec 13-4233. Nature of proceeding and relation to other remedies |
Sec 13-4234. Commencement of proceedings; notice; appointment of counsel for capital defendants; assignment of judge; stay |
Sec 13-4234.01. Post-conviction relief proceedings; request for extension; victim notification |
Sec 13-4235. Contents of petition |
Sec 13-4236. Additional pleadings; summary disposition; amendments |
Sec 13-4237. Informal conference |
Sec 13-4238. Evidentiary hearing |
Sec 13-4239. Review |
Sec 13-4240. Postconviction deoxyribonucleic acid testing |
Article 30. Child Witnesses |
Sec 13-4251. Applicability; definition |
Sec 13-4252. Recording of testimony |
Sec 13-4253. Out of court testimony; televised; recorded |
Article 31. Complaints |
Sec 13-4261. Law enforcement officer; affidavit; definition |
Article 32. Cold Cases |
Sec 13-4271. Cold case register; law enforcement agencies; definition |
Article 33. Authority to Seize Animals |
Sec 13-4281. Animal seizure; notification; forfeiture; bond; hearing; exceptions |