Filed by:
Honorable Wendy A. Million
Tucson City Court
103 E. Alameda
Tucson, AZ 85701
Telephone (520) 791-3260
[email protected]

Petitioner seeks amendment of Rule 13, Rules of Criminal Procedure, by creating a new Rule 13.6 that authorizes a court to order a defendant who has been accused of a sexual offense that occurred by force or threat of force to complete testing for the immunodeficiency virus (HIV) either within 48 hours of the state filing an information or obtaining a grand jury indictment if the defendant is in custody or within 48 hours of service of an information or indictment on a defendant who is not in custody. The purpose of this rule amendment is to assist Arizona courts and other grantees to avoid forfeiture of grant funds by complying with the U.S. Department of Justice’s grant eligibility requirements.

Filed: November 18, 2022

Would adopt a new Rule 13.6 to the Rules of Criminal Procedure that would authorize a court, if requested to do so by a victim, to order a defendant accused of a sexual offense to submit HIV testing shortly after the filing or service of an information or indictment.

Comments must be submitted no later than Monday, May 1, 2023.
Any reply by a petitioner must be submitted no later than Thursday, June 1, 2023.