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ARIZONA HOUSE OF REPRESENTATIVESFifty-seventh Legislature First Regular Session |
Senate: HHS DP 6-1-0-0 | 3rd Read 17-12-1-0House: JUD W/D | APPROP DPA/SE 18-0-0-0| 3rd Read 55-1-4-0 Final Read: 16-13-1-0 | Chaptered: 230 |
SB
1500: permanency placement; grandparent; priority
S/E: compensation; erroneous convictions
Sponsor: Senator Farnsworth, LD 10
Signed by the Governor
Overview
Outlines procedures and criteria for an individual who was wrongfully convicted and incarcerated in Arizona to seek compensation.
History
The Board of Executive Clemency (Board) is comprised of five members, who are appointed by the Governor and compensated on an hourly basis. The Board has exclusive power to pass upon and recommend reprieves, commutations, paroles and pardons to the Governor for any person who committed a felony offense. The Board can employ analysts and hearing officers to obtain information and conduct investigations and hearings to assist with the Board's function (A.R.S. §§ 31-401 and 31-402).
Provisions
1. Allows a claimant to bring an action in superior court seeking compensation from Arizona if the claimant establishes by a preponderance of the evidence that all of the following applies:
a) the claimant was convicted of a felony and subsequently incarcerated;
b) the claimant did not commit the crime or crimes for which the claimant was convicted;
c) the claimant did not commit perjury, fabricate evidence or by the claimant's own conduct cause or bring about the conviction; and
d) in addition, one of the following applies:
i. the claimant was pardoned based on innocence;
ii. the claimant's conviction was reversed or vacated and the charges were dismissed or the claimant was found not guilty on retrial; or
iii. the claimant's conviction was reversed or vacated and the claimant entered an Alford plea or a plea of no contest, while maintaining a claim of innocence, after the conviction was overturned, reversed or vacated on direct appeal or postconviction review when the claimant would otherwise have been entitled to a new trial. (Sec. 1)
2. States that a confession or admission later found to be false or a guilty plea does not constitute committing perjury, fabricating evidence or causing or bringing about the conviction. (Sec. 1)
3. Specifies how all pleadings must be entitled. (Sec. 1)
4. Requires the claimant to serve the Attorney General (AG) with a copy of the claim. (Sec. 1)
5. Directs the court to decide the claim and use the Arizona Rules of Civil Procedure. (Sec. 1)
6. Requires the action be brought in the county of conviction or in Maricopa County. (Sec. 1)
7. Requires the claimant to bring the claim within two years after one of the following occurs:
a) the claimant's conviction is overturned or vacated and the charges against the claimant are dismissed, the claimant is found not guilty on retrial or the claimant enters a please of no contest, whichever occurs later;
b) the claimant is pardoned based on innocence; or
c) the effective date of this Act, if the claimant was convicted, incarcerated and released from custody before the effective date of this Act. (Sec. 1)
8. Requires the AG to respond to the claim within 30 days and may request a single 30-day extension to respond on a showing of good cause. (Sec. 1)
9. Allows the AG, in response to a compensation claim from an erroneous conviction, to request the court to make findings of fact that there is evidence of misconduct or harmful error on the part of a city or county employee. (Sec. 1)
10. Stipulates that the AG bears the burden of proof by a preponderance of the evidence if they request specified findings. (Sec. 1)
11. Permits the parties to stipulate to an additional extension of time. (Sec. 1)
12. Specifies that a confession or admission later found to be false or a guilty plea does not constitute committing perjury, fabricating evidence or causing or bringing about the conviction. (Sec. 1)
13. Requires the court, if the AG does not object in the response, to enter an order granting the erroneous conviction claim. (Sec. 1)
14. Instructs the court, if the AG objects, to order and hold an evidentiary hearing. (Sec. 1)
15. Requires the court order that grants or denies the claim to include findings of fact and conclusions of law. (Sec. 1)
16. Allows the court to make findings of fact that a city or county employee's misconduct or harmful error was the proximate cause of pardoning, reversal or vacating a conviction on its own accord or if requested by the AG. (Sec. 1)
17. Outlines procedures for the court if it finds that a city or county employee's misconduct or harmful error was the proximate cause of pardoning, reversal or vacating a conviction. (Sec. 1)
18. Grants a city or county 14 days to respond if notified that an employee's misconduct or harmful error was the proximate cause of pardoning, reversal or vacating a conviction. (Sec. 1)
19. Prohibits the city or county from requesting to intervene in the claimant's action seeking compensation. (Sec. 1)
20. Permits a city or county to respond if the employee's misconduct or harmful error was the proximate cause of pardoning, reversal or vacating a conviction. (Sec. 1)
Compensation
21. Creates the Erroneous Convictions Fund (Fund) to be administered by the Arizona Department of Administration (ADOA). (Sec. 2)
22. States that the Fund consists of monies continuously appropriated by the Legislature, exempt from lapsing and is for claims brought from erroneous convictions.(Sec. 2)
23. Instructs the court, if the court enters an order granting the claim, to award compensation as follows:
a) for each year the claimant was incarcerated, 200% of the median household income in Arizona on the date the claimant was incarcerated;
b) the claimant can request additional compensation than the 200% of the median household income; and
c) reasonable attorney fees and costs of no more than $25,000 unless the court authorizes a greater total. (Sec. 1)
24. Prohibits a claimant from receiving compensation for time served concurrently with another lawful incarceration conviction. (Sec. 1)
25. Adds that any compensation, including additional compensation, awarded must be paid from the Fund. (Sec. 1)
26. Requires the court, if the claimant requests additional compensation, to hold an evidentiary hearing and consider the pro per status of the claimant in determining whether additional compensation is warranted. (Sec. 1)
27. Outlines the evidence a claimant may present in an evidentiary hearing for determining if additional compensation is warranted. (Sec. 1)
28. .Allows the claimant, if requesting additional compensation, to present evidence of other damages the claimant suffered related to their arrest, prosecution, conviction and incarceration. (Sec. 1)
29. Permits the court to award up to $500,000 in additional compensation as outlined. (Sec. 1)
30. States the compensation awarded to the claimant through this Act does not constitute as gross income. (Sec. 1)
31. Directs the courts to order that the award be paid in one lump sum to the claimant. (Sec. 1)
32. Allows the claimant, in addition to any compensation awarded, reimbursement for:
a) mental health treatment for up to 52 clinical hours at a maximum of $250 per hour within 12 months after the court's order awarding compensation;
b) up to 120 credit hours at any postsecondary educational institution, vocational school or trade school; and
c) up to four financial planning or literacy classes or consultations within 12 months after the court's order awarding compensation. (Sec. 1)
33. Details how a court is to determine the amount provided a claimant is entitled to receive. (Sec. 1)
34. Instructs the court to include in the judgment an award to Arizona that is deducted through this Act. (Sec. 1)
35. Prohibits the compensation award from being offset by any expenses incurred by Arizona including:
a) securing the claimant's custody or feeding, clothing or providing medical services for the claimant; and
b) the value of any services or reductions in fees for service, or the value thereof to be provided to the claimant that can be awarded to the claimant. (Sec. 1)
36. Requires the court, if they find that the claimant is entitled to compensation, to issue a finding that the claimant was erroneously convicted and served a specific amount of time erroneously incarcerated. (Sec. 1)
37. Directs the court clerk to send a certified copy of the order to the ADOA Fund for payment from the Fund. (Sec. 1)
38. Instructs ADOA to remit payment from the Fund to the claimant within 45 days. (Sec. 1)
39. Requires any outlined reimbursement claims to be submitted to ADOA for approval and paid from the Fund within 14 days after receipt. (Sec. 1)
40. Directs the city or county, if the court made findings that a city or county employee's misconduct or harmful error was the proximate cause of the pardoning, reversal or vacating of a conviction, to reimburse all payments made from the Fund to the claimant. (Sec. 1)
41. States that the city or county has 45 days to reimburse all payments made from the Fund for the baseline compensation and 14 days to reimburse all payments made from the Fund for additional compensation. (Sec. 1)
Erroneous Conviction Ruling Criteria
42. Requires the court, on entry of an erroneous conviction ruling, to:
a) order the associated convictions and arrests expunged from all applicable state and federal systems and the records sealed;
b) direct the Arizona Department of Public Safety (DPS) to expunge and destroy any biological samples received by DPS. (Sec. 1)
43. Outlines what information the expungement order must include. (Sec. 1)
44. Requires the court clerk to send a certified copy of the order to DPS to implement the order and provide confirmation of the action to the court. (Sec. 1)
45. States that DPS is not required to expunge and destroy samples or a profile record that is associated with the claimant that relates to an unrelated offense. (Sec. 1)
46. Directs DPS to seal and separate the expunged record from their records and inform the appropriate state and federal law enforcement agencies of the expungement. (Sec. 1)
47. Instructs the Arizona Department of Corrections to seal and separate the expunged record from their records and not make the expunged conviction information publicly available. (Sec. 1)
48. Requires arresting and prosecuting agencies to identify in their records that the claimant was erroneously convicted and the arrest, charge, conviction or adjudication and sentence were expunged. (Sec. 1)
49. Prohibits arresting and prosecuting agencies from making the outlined records available as a public record to any person except the claimant or their attorney. (Sec. 1)
50. Requires the claimant to be treated as not having been arrested for or convicted of the expunged offense. (Sec. 1)
51. Prohibits the expunged arrest, charge, adjudication, conviction or sentence from being used in a subsequent prosecution by a prosecuting agency or court for any purpose. (Sec. 1)
52. Allows the claimant to state that the claimant has never been arrested for, charged with, adjudicated delinquent for, convicted of or sentenced for the expungement offense. (Sec. 1)
53. Permits the claimant to request that the actions in this Act and erroneous conviction ruling be sealed. (Sec. 1)
Miscellaneous
54. States that the court's decision to grant or deny an erroneous conviction claim is not res judicata on any other proceedings. (Sec. 1)
55. Stipulates that if the court denies an erroneous conviction claim, the claimant can file a direct appeal. (Sec. 1)
56. Adds that the victims' rights and duties remain enforceable throughout the erroneous conviction proceedings. (Sec. 1)
57. Outlines instructions for if the victim has made a request for a post-conviction notice. (Sec. 1)
58. Details that if the court finds that the claimant is entitled to a judgment, a specified victim is entitled to reimbursement for outlined mental health treatment. (Sec. 1)
59. States that the victim does not need to establish any other eligibility requirement to receive reimbursement for mental health services. (Sec. 1)
60. Contains legislative findings. (Sec. 3)
61. Contains an effective date of January 1, 2026. (Sec. 4)
62. Repeals Act and provisions relating to the Fund on July 1, 2027. (Sec. 5)
63.
64.
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66. SB 1500
67. Initials MT Page 0 Signed by the Governor
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