ARIZONA HOUSE OF REPRESENTATIVES

57th Legislature, 2nd Regular Session

Majority Research Staff

House: JUD W/D | GOV DP 7-0-0-0 | Third Read 53-0-7-0

Senate: JUDE DPA 6-0-1-0 | Third Read 23-0-7-0

HB 2749: felony conviction; sentence completion; designation

Sponsor: Representative Rivero, LD 27

Senate Engrossed

Overview

Creates a process for a court to enter a judgment of conviction for a class 1 misdemeanor if specified requirements are met.

History

Felonies are classified for sentencing into the following categories: 1) class 1 felonies; 2) class 2 felonies; 3) class 3 felonies; 4) class 4 felonies; 5) class 5 felonies; and 6) class 6 felonies. Misdemeanors are classified for the purposes of sentencing in the following categories: 1) class 1 misdemeanor; 2) class 2 misdemeanor; and 3) class 3 misdemeanor. Petty offenses are not classified. The classification of each felony and misdemeanor is expressed in the corresponding statutes. Any offense declared by law to be a felony without classification is a class 5 felony. Any offense declared by law to be a misdemeanor without classification is a class 2 misdemeanor (A.R.S. §§ 13-601, 13-602).

Provisions

1. Allows a court to enter judgment of conviction for a class 1 misdemeanor if an individual is convicted of a class 4, 5 or 6 felony not involving a dangerous offense and the court determines all of the following:

a. the individual has not previously been convicted of any felony offense;

b. the offense did not involve a victim;

c. the individual has completed all the terms and conditions imposed by the court for the conviction, including full payment of all monetary obligations;

d. at least five years have passed since the individual was convicted and they have not been convicted of a subsequent misdemeanor offense involving a victim or a subsequent felony offense during that time; and

e. entering the judgment of conviction for a class 1 misdemeanor is in the interest of justice. (Sec. 1)

2. Defines victim. (Sec. 1)

Senate Amendments

1. Exempts this legislation for individuals who were convicted of cruelty to animals, misconduct involving a weapon and are required to register as a sex offender.

2. Modifies one of the requirements to have five years pass since the completion of the person's sentence, rather than having five years pass since their conviction.

3. Contains a repeal date of October 1, 2028

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7. Initials ML HB 2749

8. 5/18/2026 Page 0 Senate Engrossed

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