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

Final Read: 57-0-3-0 | Chapter: 109

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


HB 2749: felony conviction; sentence completion; designation

Sponsor: Representative Rivero, LD 27

Signed by the Governor

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 completion of the individual's sentence 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.   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. (Sec. 1)

3.   Defines victim. (Sec. 1)

4.   Contains a repeal date of October 1, 2028. (Sec. 2)

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8.   Initials ML                       HB 2749

9.   6/04/2026  Page 0 Signed by the Governor

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