ARIZONA HOUSE OF REPRESENTATIVES Fifty-seventh Legislature First Regular Session
	House: APPROP DP 11-7-0-0 | 3^rd Read DPA 31-0-0-29 Senate: 3^rd Read DP 16-11-0-3

---

HB 2951: criminal justice; 2025-2026

Sponsor: Representative Livingston (with permission of committee on Rules), LD 28

Vetoed by the Governor

Overview

Contains provisions relating to criminal justice needed to implement the FY 2026 budget.

History

The Arizona Legislature adopts a budget for each fiscal year (FY) that contains general appropriations. Article IV, Section 20, Part 2 of the Constitution of Arizona requires the General Appropriations Act (feed bill) to contain only appropriations for the different state departments, state institutions, public schools and interest on public debt. Statutory changes necessary to reconcile the appropriations made in the feed bill and other changes are drafted into separate budget bills. These bills are prepared according to subject area.

Provisions

Child and Family Representation Program (Program)

1. Establishes the Child and Family Representation Program (Program) in the Administrative Office of the Courts, to ensure uniform and high-quality representation and collaboration with the superior courts, judges and attorneys. (Sec. 1)

2. Instructs the Supreme Court to employ the personnel needed to administer the Program. (Sec. 1)

3. Outlines Program requirements, including assessing training availability, recommending training and caseload standards, auditing counsel performance, filing bar complaints, fostering partnerships, recommending counsel compensation, seeking funding and developing outcome metrics. (Sec. 1)

4. Directs the Program to provide an annual report to the Legislature on the measures being taken to assess the effectiveness of council. (Sec. 1)

5. Asserts, beginning in 2030 and every five years thereafter, that the Legislature must review if the Program should continue. (Sec. 1)

Compensation for Erroneous Convictions

6. Entitles, beginning January 1, 2026, a claimant to bring an action in superior court seeking compensation from the state if he was erroneously convicted of, and incarcerated for, a felony. (Sec. 6, 14)

7. Outlines various qualifications and evidentiary standards that a claimant — who was pardoned based on innocence, or had his conviction reversed or vacated under certain circumstances (exonerated) — must meet to be eligible for erroneous-conviction compensation. (Sec. 6)

8. Details procedures for the erroneous-conviction action and how it is to be conducted. (Sec. 6)

9. Requires that any claim for erroneous-conviction compensation must be brought within two-years after the exoneration. (Sec. 6)

10. Outlines the following monetary erroneous-conviction compensation:

a) 200% of the median Arizona household income for each year incarcerated;

b) Up to $500,000 of additional compensation after a separate hearing, if requested by the claimant and found warranted by the court;

c) $25,000 for each year on death row or the sex offender registry;

d) Up to $100,000 for reintegrative, mental and physical health costs;

e) Reimbursement for any restitution paid; and

f) Attorney fees and costs. (Sec. 6)

11. Stipulates that any erroneous-conviction compensation awarded is excluded from Arizona gross income and thus not taxable as income. (Sec. 6)

12. Mandates that such awards are to be paid from the Department of Administration Risk-Management Revolving Fund, except that if county-employee misconduct is found, that county is to reimburse the Risk-Management Revolving Fund for the amount awarded. (Sec. 6)

13. Details procedures for the calculation, administration and payment of erroneous-conviction compensation. (Sec. 6)

14. Entitles the claimant, in addition to the monetary award, to the following services:

a) Up to 52 clinical hours of mental health treatment;

b) Up to 120 credit hours of post-secondary or vocational tuition; and

c) Up to four financial planning classes. (Sec. 6)

15. Mandates that records of the erroneous conviction must be expunged and sealed. (Sec. 6)

16. Details the extent and administration of the expungement and sealing of case records. (Sec. 6)

17. Provides that, if a claimant receives favorable judgement, then the crime victim may obtain up to 52 clinical hours of mental health treatment. (Sec. 6)

Judicial Employment

18. Prohibits, unless expressly authorized by the constitution, judicial officers or employees from serving on any state-authorized board, commission, council or task force. (Sec. 2)

19. Freezes salaries, raises, bonuses and cost of living adjustments for family court judges and employees for FYs 2026-2028. (Sec. 2, 3)

Prison-Related Prosecutions

20. Requires counties to establish an intergovernmental agreement with the Department of Corrections (DOC) before filing a prosecution cost claim, for prosecution of crimes related to state correctional facilities. (Sec. 7)

21. Directs DOC to file such claims with the Arizona Department of Administration, concurrent with payment of the claim. (Sec. 7)

State Aid to Juvenile Proceedings Fund (Fund)

22. Changes, retroactive to July 1, 2025, the distribution formula for the Fund, from being based on the average juvenile dependency case filings from FYs 2013-2015, to being based on the most recent fiscal year's filings. (Sec. 10)

23. Caps the maximum distribution a county may receive in any given fiscal year at $250,000. (Sec. 10)

Miscellaneous

24. Requires that if a court finds prima-facie evidence that a legal action brought by the Attorney General or county-attorney was intended to chill a constitutional right, then that officer must obtain majority approval of the House and Senate Judiciary Committees before filing any election-related action. (Sec. 4)

25. Clarifies that the use of Anti-Racketeering Fund monies may only be used for those purposes outlined in statute. (Sec. 5)

26. Prohibits the Judiciary from spending monies to contract with professional lobbyists. (Sec. 8)

27. Removes the Administrative Director of the Courts from being a member of the Arizona Criminal Justice Commission. (Sec. 9)

28. Extends the expiration the Fentanyl Prosecution, Diversion and Testing Fund from July 1, 2025, to July 1, 2027. (Sec. 11)

29. Contains a legislative findings clause. (Sec. 12)

30. Makes technical and conforming changes. (Sec. 7, 8, 9, 10)

---------- DOCUMENT FOOTER ---------

                        HB 2951

Initials NM    Page 0 Vetoed by the Governor

---------- DOCUMENT FOOTER ---------