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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
AMENDED
permanency placement; grandparent; priority
(NOW: compensation; erroneous convictions)
As passed the Senate, S.B. 1500 required the court to give priority to permanent placement of a child with the child's grandparent in child permanency proceedings.
The House of Representatives adopted a strike everything amendment that does the following:
Purpose
Beginning January 1, 2026, establishes a claimant's ability to bring an action against the state for an erroneous conviction, with outlined procedures for the processing of the claim and entitlements to the claimant if the claim is granted.
Background
Various
circumstances allow a defendant to request post-conviction relief, including if
the defendant plead guilty or no contest to a criminal offense, was convicted
and sentenced for a criminal offense or if the defendant was sentenced to
death. The grounds for relief are: 1) the defendant's plea or conviction was
obtained, or the sentence was imposed, in violation of the U.S. Constitution or
Arizona Constitution; 2) the court did not have subject matter jurisdiction to
render a judgement or to impose a sentence on the defendant; 3) the sentence
imposed is not authorized by law or by the plea agreement; 4) newly discovered
material facts probably exist and those facts probably would have changed the
judgement or sentence; 5) the failure to timely file a notice of appeal or
post-conviction relief was not the defendant's fault; 6) there has been a
significant change in law that, if applicable, would probably overturn the
defendant's judgement or sentence; or 7) the defendant demonstrates by clear
and convincing evidence that the facts underlying the claim would be sufficient
to establish that no reasonable fact-finder would find the defendant guilty
beyond a reasonable doubt. If a decision is found in the defendant's favor, the
court must enter orders concerning the conviction, sentence or detention and
any further proceedings including setting the matter for trial and conditions
of release (Ariz. R. Crim. P. 32.1;
33.1;
32.13;
and 33.13).
The court is required to vacate a judgement if it finds that: 1) the court did not have jurisdiction; 2) newly discovered material facts exist; or 3) the conviction was obtained in violation of the U.S. Constitution or Arizona Constitution. The state may move the court to vacate a judgment any time after the entry of judgment and sentence if clear and convincing evidence exists establishing that the defendant was convicted of an offense they did not commit or the conviction was based on an erroneous application of the law (Ariz. R. Crim. P. 24.2).
According to the Joint Legislative Budget Committee (JLBC), H.B. 2813, a similar measure relating to erroneous convictions, would increase costs to the state. While the magnitude of the cost will depend on the number of erroneously convicted persons that submit a claim for a compensation award, JLBC estimates that the average annual cost would be $641,000, with a one-time cost of $4.5 million, assuming that 20 percent of people who have received an exoneration for past erroneous convictions submit a claim for compensation (JLBC fiscal note).
Provisions
Erroneous Conviction Procedure (Effective January 1, 2026)
1. Allows a claimant, effective January 1, 2026, and notwithstanding any other law, to bring an action in the superior court seeking compensation from the state if the claimant establishes by a preponderance of the evidence that the claimant:
a) was convicted of a felony and subsequently incarcerated;
b) did not commit the crime or crimes for which the claimant was convicted;
c) did not commit perjury, evidence fabrication or caused or brought about the conviction by the claimant's own conduct, except that a confession, guilty plea or an admission later found to be false does not constitute committing perjury, fabricating evidence or bringing about the conviction; and
i. the claimant was pardoned based on innocence;
ii. the claimant's judgement of conviction was reversed or vacated and the charges were dismissed or the claimant was found not guilty on retrial; or
iii. the claimant's judgement of 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 otherwise would have been entitled to a new trial.
2. Requires all pleadings to be entitled "In The Matter Of The Erroneous Conviction Of ____".
3. Requires the action to be brought in the county of conviction, or Maricopa County, within two years of:
a) the claimant's conviction being overturned or vacated and the charges dismissed, the claimant being found not guilty on retrial, or the claimant entering into a plea of no contest, whichever occurs later;
b) the claimant being pardoned based on innocence; or
c) the general effective date if the claimant was convicted, incarcerated and released from custody before the general effective date.
4. Requires the claimant to serve the Attorney General (AG) with a copy of the claim, to which the AG must respond within 30 days or, on the showing of a good cause, receive a 30-day extension.
5. Allows the claimant and AG to stipulate an additional extension of time for the AG's response.
6. Requires the court to decide the claim and specifies that the Arizona Rules of Civil Procedure apply.
7. Requires the court to enter an order granting the erroneous conviction claim if the AG does not object in response to the claim.
8. Requires the court to order and hold an evidentiary hearing if the AG objects to the claim.
9. Requires the grant or denial of the court order to include findings of fact and conclusions of law.
10. Allows a claimant to request the action and erroneous conviction ruling be sealed.
11. Stipulates that the court's decision to grant or deny an erroneous conviction claim is not res judicata on any other proceedings.
12. Allows a claimant to file a direct appeal for a denied erroneous conviction claim.
Erroneous Conviction Compensation
13. Establishes the Erroneous Convictions Fund to be administered by the Arizona Department of Administration (ADOA) for the purpose of funding successful erroneous conviction claims.
14. Specifies that monies in the Erroneous Convictions Fund are continuously appropriated and are exempt from lapsing.
15. Requires, if the court enters an order granting the claim, the court to award compensation, paid in one lump sum to the claimant, as follows:
a) 200 percent of the median household income in Arizona for each year the claimant was incarcerated, as it existed on the date the claimant was incarcerated and as determined by the U.S. Department of Housing and Urban Development and adjusted for inflation using the Consumer Price Index for urban consumers, with an amount for any partial year required to be prorated in order to compensate the claimant for the portion of the year in which the claimant was incarcerated;
b) $25,000 per year for each year the claimant spent on death row, or each year that the claimant was registered as a sex offender;
c) reimbursement of not more than $100,000 for reintegrative services and mental and physical health care costs that the claimant incurred for the time period between the claimant's release from custody and the entry of judgement;
d) reimbursement for unreimbursed costs, fines, fees or surcharges that were imposed on the claimant as a result of the erroneous conviction, as well as restitution that was paid by or on behalf of the claimant; and
e) reasonable attorney fees and costs of not more than $25,000 unless the court authorizes a greater total on a finding of good cause shown.
16. Prohibits the claimant from receiving compensation for any period of time for which the claimant was concurrently serving another sentence for a condition of another offense for which the claimant was lawfully incarcerated.
17. Allows the claimant to request additional compensation not to exceed $500,000, which is to be paid from the Erroneous Convictions Fund.
18. Requires the court, upon such request, to hold an evidentiary hearing and consider the pro per status of the claimant in determining whether additional compensation is warranted.
19. Allows the claimant to present evidence of other damages the claimant suffered arising from or related to the claimant's arrest, prosecution, conviction and incarceration.
20. Specifies that additional amounts awarded to the claimant must be paid from the Erroneous Convictions Fund.
21. Specifies court awarded compensation as outlined does not constitute gross income for tax purposes.
22. Entitles a claimant to additional services from licensed or accredited state institutions, agencies or providers within Arizona, including:
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 twelve months after the court's order awarding compensation.
23. Requires the court to deduct from the claimant's entitled erroneous conviction monies any amount awarded to or received by the claimant in a civil action or settlement agreement, if the claimant has prevailed in a related civil action against or entered into a related settlement agreement with the state or a political subdivision thereof.
24. Specifies any amount deducted from a claimant's compensation must:
a) not include any sums paid to an attorney;
b) not include any costs of litigation; and
c) be awarded to the state.
25. States that any future damages awarded to the claimant from an action against a unit of government in Arizona relating to the erroneous claim must be offset by the compensation award received as outlined.
26. Prohibits the compensation award from being offset by any expenses incurred by the state, or a political subdivision of the state, including:
a) any expenses incurred to secure the claimant's custody or to feed, clothe or provide medical services for the claimant; and
b) the value of any services or reduction in fees for service, or value thereof to be provided to the claimant that may be awarded to the claimant under this legislation.
27. Requires the court, if it finds the claimant to be entitled to compensation, to issue a finding that the claimant was erroneously convicted and served a specific amount of time erroneously incarcerated.
28. Requires the clerk of the court to send a certified copy of the order to ADOA for payment from the Erroneous Convictions Fund, which must then remit the payment to the claimant within 45 days.
29. Requires any claims for reimbursement for specified services entitled to the claimant to be paid by the ADOA within 14 days of receipt of a claim.
Expungement Order
30. Requires the court, regardless of whether the claimant has a historical prior felony conviction for related offenses, to order the claimant's associated convictions and arrests expunged from all applicable state and federal systems and the records sealed.
31. Specifies the expungement order must state:
a) the claimant's current full name;
b) the claimant's full name at the time of arrest and conviction, if it is different than the current full name;
c) the claimant's sex, race and date of birth;
d) the offense for which the claimant was arrested and convicted;
e) the dates of the claimant's arrest and conviction;
f) the identity of the arresting law enforcement agency and convicting court;
g) that the order expunges any record of the claimant's arrest, charge, conviction or adjudication and sentence;
h) that the claimant's civil rights are restored, including the right to possess a firearm, unless the claimant is otherwise not eligible for restoration of civil rights on unrelated grounds;
i) that the clerk of the court must notify DPS, the prosecuting agency and arresting law enforcement agency, if applicable, of the expungement order; and
j) that the clerk of the court must seal the claimant's records relating to the expunged arrest, charge, conviction or adjudication and sentence and allow the claimant's records to be accessed only by the claimant or the claimant's attorney.
32. Requires the court to provide a certified copy of the expungement order to DPS.
33. Directs DPS to expunge and destroy any biological samples, including DNA and fingerprint sample and provide confirmation of this action to the court.
34. Specifies the above directive does not require DPS to destroy samples or a profile record that is associated with the claimant relating to an unrelated offense.
35. Requires DPS to seal and separate the expunged record from other DPS records and inform the appropriate state and federal law enforcement agencies, at no cost to the claimant.
36. Requires the Arizona Department of Corrections, Rehabilitation and Reentry (ADCRR) to seal and separate the expunged record from other ADCRR records.
37. Prohibits the ADCRR from making information related to the expunged conviction publicly available through any department database.
38. Requires the arresting and prosecuting agencies to clearly identity in each agency's files and electronic records that the claimant was erroneously convicted and that the arrest, charge, conviction or adjudication and sentence are expunged.
39. Prohibits the arresting and prosecuting agencies from making any records of the expunged arrest, charge, conviction or adjudication and sentence available as a public record to anyone except the claimant or claimant's attorney.
40. Requires, pursuant to the expungement order, the claimant to be treated as not having been arrested for, adjudicated delinquent for or convicted of the expunged offense and prohibits the expunged arrest, charge, adjudication, conviction or sentence from being used in a subsequent prosecution by a prosecution agency or court for any purpose.
41. Allows a claimant to state they have never been arrested for, charged with, adjudicated delinquent for, convicted of or sentenced for the offense that is the subject of the expungement.
Victim Compensation
42. Requires the AG, if a victim has made a request for postconviction notice, to provide the victim with notice of the claimant's claim and of the rights provided to the victim.
43. Entitles a victim of a crime in which an erroneous conviction judgement has been granted to reimbursement for mental health treatment.
44. Specifies a victim's entitlement for reimbursement is for up to 52 clinical hours, within 12 months after the court's order awarding compensation, at a maximum of $250 per hour.
45. Specifies the victim does not need to establish any other eligibility to receive the reimbursement.
46. Specifies that a crime victim's rights enumerated in statute continue to be enforceable throughout proceedings for erroneous conviction claims.
Misconduct by City or County Employee
47. Allows the AG to request the court to make findings of fact that that a city or county employee committed harmful error or misconduct.
48. Stipulates that the AG has the burden of proving harmful error or misconduct by a city or county employee by a preponderance of the evidence.
49. Requires the court, if requested by the AG, to make findings of fact regarding whether a city or county employee committed harmful error or misconduct that was the proximate cause of the pardoning, reversal or vacating of a conviction.
50. Allows the court to make such findings on its own motion if it is not requested by the AG.
51. Allows the court to consider any findings of fact developed on the record of the underlying criminal offense related to the conviction or actions by city or county employees.
52. Requires the court to notify the appropriate city or county prosecuting agency if the AG requests or the court makes a finding that a city or county employee committed harmful error or misconduct as outlined, and allow the city or county to respond within 14 days.
53. Prohibits the city or county attorney from requesting to intervene in the claimant's action seeking compensation and allows the city or county attorney to only respond to whether the employee committed harmful error or misconduct as outlined.
54. Requires a city or county, if the court makes findings of misconduct by city or county employees that resulted in the pardoning, reversal or vacating of a conviction, to reimburse all payments made to the claimant from the Erroneous Convictions Fund.
55. Requires reimbursements for claims paid for outlined compensation to be paid within 45 days of the payment from the Erroneous Convictions Fund to the claimant, or within 14 days for outlined services claims.
Miscellaneous
56. Repeals statute outlining and enabling erroneous conviction claims on July 1, 2027.
57. Contains a legislative findings clause.
58. Makes technical and conforming changes.
59. Becomes effective on the general effective date, with a delayed effective date as noted.
Amendments Adopted by the House of Representatives
· Adopted the strike-everything amendment related to erroneous convictions.
House Action
JUD 3/26/25 W/D 0-0-0-0
APPROP 3/31/25 DPA/SE 18-0-0-0
3rd Read 6/26/25 55-1-4-0-0
Prepared by Senate Research
June 27, 2025
MM/ZD/ci/sdr