Fifty-third Legislature                                                 Judiciary

First Regular Session                                                   S.B. 1069

 

COMMITTEE ON JUDICIARY

SENATE AMENDMENTS TO S.B. 1069

(Reference to printed bill)

 


Strike everything after the enacting clause and insert:

"Section 1.  Section 13-907, Arizona Revised Statutes, is amended to read:

START_STATUTE13-907.  Setting aside judgment of convicted person on discharge; application; release from disabilities; firearm possession; exceptions

A.  Except as provided in subsection E of this section, every person convicted of a criminal offense, on fulfillment of the conditions of probation or sentence and discharge by the court, may apply to the judge, justice of the peace or magistrate who pronounced sentence or imposed probation or such judge, justice of the peace or magistrate's successor in office to have the judgment of guilt set aside.  The convicted person shall be informed of this right at the time of discharge.

B.  The convicted person or, if authorized in writing, the convicted person's attorney or probation officer may apply to set aside the judgment.

C.  If the judge, justice of the peace or magistrate grants the application, the judge, justice of the peace or magistrate shall set aside the judgment of guilt, dismiss the accusations or information and order that the person be released from all penalties and disabilities resulting from the conviction except those imposed by:

1.  The department of transportation pursuant to section 28‑3304, 28‑3306, 28‑3307, 28‑3308 or 28‑3319, except that the conviction may be used as a conviction if the conviction would be admissible had it not been set aside and may be pleaded and proved in any subsequent prosecution of such person by the state or any of its subdivisions for any offense or used by the department of transportation in enforcing section 28‑3304, 28‑3306, 28‑3307, 28‑3308 or 28‑3319 as if the judgment of guilt had not been set aside.

2.  The game and fish commission pursuant to section 17‑314 or 17‑340.

D.  Notwithstanding section 13‑905 or 13‑906, if a judgment of guilt is set aside pursuant to this section, the person's right to possess a gun or firearm is restored.  This subsection does not apply to a person who was convicted of a serious offense as defined in section 13‑706.

E.  This section does not apply to a person who was convicted of a criminal offense:

1.  Involving a dangerous offense.

2.  For which the person is required or ordered by the court to register pursuant to section 13‑3821.

3.  For which there has been a finding of sexual motivation pursuant to section 13‑118.

4.  In which the victim is a minor under fifteen years of age.

5.  In violation of section 28‑3473, any local ordinance relating to stopping, standing or operation of a vehicle or title 28, chapter 3, except a violation of section 28‑693 or any local ordinance relating to the same subject matter as section 28‑693. END_STATUTE

F. A person whose conviction is set aside pursuant to this section may answer on any application for employment or public benefits or any inquiry or required disclosure permitted pursuant to section 41‑755 that the person was not convicted of the offense that was set aside."

Sec. 2.  Title 41, chapter 4, article 4, Arizona Revised Statutes, is amended by adding section 41-755, to read:

START_STATUTE41-755.  Hiring practices; discrimination; criminal history; exception

A.  Notwithstanding any other law, a state agency may not inquire about, consider or require disclosure of the criminal conviction record of an applicant for employment during the hiring process unless all of the following conditions apply:

1.  The inquiry about, consideration of or requirement of disclosure of the applicant's criminal conviction record takes place only after the applicant has received a conditional offer of employment from the state agency.

2.  The inquiry about, consideration of or requirement of disclosure of the applicant's criminal conviction record is for only the period of the five most recent consecutive years preceding the date that the conditional offer of employment is made to the applicant.

3.  The criminal conviction record has a direct relationship to the employment position.

B.  An applicant whose conviction is set aside pursuant to section 13‑907 may respond to an inquiry about or requirement of disclosure of the applicant's criminal history that the applicant was not convicted of the offense that was set aside.

         C.  Subsections A and B of this section does not apply to employment positions that require a valid fingerprint clearance card pursuant to chapter 12, article 3.1 of this title.

Amend title to conform


 

 

 

 

1069JUD

02/16/2017

01:21 PM

S: slp