ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

Senate: MABS DP 4-3-0-0 | APPROP DP 6-2-2-0 | 3rd Read 17-12-1-0

House: PSLE W/D | APPROP DPA/SE 11-6-1-0

☒ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

SB 1299: law enforcement personnel; grant program

NOW: safe community enforcement fund; establishment

Sponsor: Senator Kavanagh, LD 3

House Engrossed

Overview

Creates the Safe Community Enforcement Fund and stipulates fund monies are distributed as agreements or contracts to local governments and law enforcement for enforcement purposes. Prescribes procedures and criteria for an individual who was wrongfully convicted and incarcerated to seek compensation.

History

In 2020, Arizona voters approved the Smart and Safe Arizona Act (Arizona Act) which legalized the sale and use of recreational marijuana to Arizonans who are at least 21 years of age (Title 36, Chapter 28.2, A.R.S.).

Additionally, the Arizona Act created the Smart and Safe Arizona Fund which receives revenues from a 16% excise tax on the sale of recreational marijuana products as well as license and registration fees.  Fund monies are first used to pay costs incurred by state agencies to implement or enforce the provisions of the Act. The remaining Fund monies are distributed as follows:

1)   33% to community college districts;

2)   31.4% to municipal police and fire departments;

3)   25.4% to the Highway User Revenue Fund;

4)   10% to the Justice Reinvestment Fund; and

5)   0.2% to the Attorney General (AG) (A.R.S. § 36-2856).

Provisions

Erroneous Convictions Compensation

1.   Allows a claimant to bring an action in superior court seeking compensation from the State if the claimant establishes by a preponderance of the evidence that specified criteria apply. (Sec. 1)

2.   Specifies how all pleadings must be entitled. (Sec. 1)

3.   Prescribes requirements for filing a claim for compensation. (Sec. 1)

4.   Requires the AG to respond to the claim within 30 days and allows the AG to request the court to make findings of fact that there is evidence of misconduct. (Sec. 1)

5.   Directs the court to enter an order granting the erroneous conviction claim and to hold an evidentiary hearing if the AG objects in their response to a claim. (Sec. 1)

6.   Stipulates a court order must include findings of fact or conclusions of law. (Sec. 1)

7.   Instructs the court, if requested or on its own, to make findings of fact that there is evidence of misconduct. (Sec. 1)

8.   Details the amount of the award compensation if the court enters an order granting the claim. (Sc. 1)

9.   Specifies awarded compensation to the claimant does not constitute gross income. (Sec. 1)

10.  Requires the award be paid in one lump sum. (Sec. 1)

11.  Entitles the claimant to outlined services from licensed or accredited state institutions, agencies or providers in addition to the compensation awarded. (Sec. 1)

12.  Provides for a deduction in the awarded compensation amount if the claimant has won a monetary judgment against the State or has entered into a settlement agreement with the State relating to the erroneous conviction. (Sec. 1)

13.  Stipulates any future damages that are awarded resulting from an action by the claimant against any governmental entity of the State be offset by the compensation awarded. (Sec. 1)

14.  Prohibits the compensation award from being offset by any expenses incurred by the State. (Sec. 1)

15.  Provides a process for a claimant to receive payment from the Erroneous Convictions Fund. (Sec. 1)

16.  Outlines requirements for a court relating to expunging a claimant's convictions and arrests on entry of an erroneous conviction ruling. (Sec. 1)

17.  Instructs DPS to seal and separate the expunged record and inform appropriate law enforcement agencies of the expungement. (Sec. 1)

18.  Instructs the arresting and prosecuting agencies to clearly identify that the claimant was erroneously convicted, and the arrest, charge and conviction are expunged. (Sec. 1)

19.  Provides for the treatment of a claimant whose arrest or conviction was expunged. (Sec. 1)

20.  Allows a claimant to specify that they have never been arrested for, charged with, adjudicated for, convicted of or sentenced for the offense that is the subject of the expungement and to request that this action and erroneous conviction ruling be sealed. (Sec. 1)

21.  Specifies the court's decision to grant or deny an erroneous conviction claim is not res judicata on any other proceedings. (Sec. 1)

22.  Stipulates a claimant can file a direct appeal if the court denies an erroneous conviction claim. (Sec. 1)

23.  Provides instructions for victims that have made a request for a post-conviction notice. (Sec. 1)

24.  Stipulates a victim is entitled to reimbursement for mental health treatment provided the court finds they the claimant is entitled to a judgment. (Sec. 1)

25.  Adds that the victim does not need to establish any other eligibility requirement to receive reimbursement for mental health services. (Sec. 1)

26.  Creates the Erroneous Convictions Fund, administered by ADOA, to fund claims brought pursuant to statues relating to erroneous convictions. (Sec. 6)

27.  Specifies the Erroneous Convictions Fund monies are continuously appropriated and exempt from lapsing. (Sec. 6)

28.  Directs the State Treasurer to transfer $2,500,000 from the Justice Reinvestment Fund to the Erroneous Convictions Fund by June 30 of each year. (Sec. 5)

Safe Community Enforcement Fund

29.  Establishes the Safe Community Enforcement Fund (Enforcement Fund), administered by the Department of Public Safety (DPS), consisting of monies deposited from the Smart and Safe Arizona Fund in accordance with statute. (Sec. 3)

30.  Requires the State Treasurer, beginning FY 2026 through FY 2030, to transfer $2,500,000 from the Smart and Safe Arizona Fund to the DHS for the enforcement of the Arizona Act by June 30 and December 31 of each year. (Sec. 2)

31.  Instructs DHS to transfer such monies to DPS for deposit in the Enforcement Fund. (Sec. 2)

32.  Specifies the Enforcement Fund monies are continuously appropriated and exempt from lapsing. (Sec. 3)

33.  Instructs DPS to distribute Enforcement Fund monies as agreements or contracts to cities, towns, county sheriffs, county prosecutors and the AG for the purpose of enforcing the Arizona Act. (Sec. 3)

34.  Allows DPS to use up to 10% of Enforcement Fund monies to enforce the Arizona Act. (Sec. 3)

35.  Includes reporting requirements for DPS relating to submitting an expenditure plan of Enforcement Fund monies to JLBC. (Sec. 3)

36.  Stipulates the distributed Enforcement Fund monies cannot supplant or cause a reduction in other funding sources for the enforcement of the Arizona Act. (Sec. 3)

37.  Requires the State Treasurer to transfer up to 5% of the $2,500,000 transferred into the Enforcement Fund to DPS for reasonable costs incurred in administering the Enforcement Fund. (Sec. 3)

38.  Repeals the Enforcement Fund on January 1, 2031. (Sec. 4)

Miscellaneous

39.  Contains a delayed effective date relating to the erroneous convictions provision of January 1, 2026. (Sec. 7)

40.  Contains a Prop 105 clause. (Sec. 8)

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44.                    SB 1299

45.  Initials PB           Page 0 House Engrossed

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