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REFERENCE TITLE: erroneous convictions; civil action |
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State of Arizona House of Representatives Forty-ninth Legislature Second Regular Session 2010
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HB 2675 |
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Introduced by Representatives Sinema, Ash, Patterson: Ableser, Antenori, Campbell CH, Campbell CL
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AN ACT
Amending title 31, Arizona Revised Statutes, by adding chapter 5; relating to compensation for erroneous convictions.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 31, Arizona Revised Statutes, is amended by adding chapter 5, to read:
CHAPTER 5
Compensation for erroneous convictions
ARTICLE 1. GENERAL PROVISIONS
31-551. Erroneous convictions; damages; definition
A. A person who has been erroneously convicted may apply for compensation pursuant to this section. For the purposes of this section, an erroneous conviction may occur whether or not this state, any political subdivision of this state or any employee of this state or a political subdivision of this state engaged in conduct that purposefully, recklessly or negligently led to the erroneous conviction.
B. The person who claims to have been erroneously convicted and who is seeking compensation has the burden of proving the erroneous conviction. On motion from the person or on the court's own motion, The court having jurisdiction shall determine by clear and convincing evidence whether the person committed the offense for which the person was convicted and sentenced, including any lesser included offense. If the court finds that the person did not commit the offense for which the person was convicted, the court shall enter a finding declaring the person to be erroneously convicted and shall enter a judgment for damages against the agency that prosecuted the person. For the purposes of this subsection, a court has jurisdiction if:
1. The court is the court that issues the order nullifying the conviction and sentence of the erroneously convicted person.
2. The person was released from custody other than by judicial order and the court is the superior court in the county in which the person was convicted.
C. If the court awards damages pursuant to this section, the court may award the following damages:
1. Any fines, fees and costs that were imposed on and paid by or on behalf of the erroneously convicted person in connection with the erroneously imposed conviction and sentence.
2. Any attorney fees that were incurred in the defense of the erroneously convicted person, including all legal proceedings leading to and reasonably necessitated by the erroneously imposed conviction and sentence.
3. Any special damages that were caused by the person's erroneous conviction for lost wages or other earned income, lost real and personal property and forfeitures and medical expenses.
D. The court shall not offset an award of damages by any expenses incurred by this state or any political subdivision of this state in connection with the arrest, prosecution and imprisonment of the erroneously convicted person, including expenses for food, clothing, shelter and medical care while in custody.
E. The court may order structured payments of the amount awarded pursuant to subsection C.
F. Any damages that are awarded pursuant to this section shall be paid by the agency that prosecuted the erroneously convicted person.
G. A person who is awarded damages pursuant to this section is barred from pursuing any further state law claims resulting from or related to the erroneous conviction.
H. Any findings of fact that are made by a court pursuant to this section are subject to appellate review.
I. For the purposes of this section, "erroneously convicted person" means a person to whom all of the following apply:
1. The person was convicted of a misdemeanor or felony offense.
2. The person was sentenced to a term of incarceration.
3. The person's conviction was vacated, dismissed, reversed or otherwise nullified and the person is not subject to further criminal proceedings based on the events alleged in the underlying nullified charges.
4. The person is found by the court to have not committed the charged offense or any lesser included offense.
31-552. Commission of inquiry; report
A. If a court makes a finding of erroneous conviction, the court shall forward a copy of the judgment to the supreme court. The supreme court shall appoint one or more persons to serve as an ad hoc commission of inquiry or shall refer the matter to a standing commission of inquiry to investigate the causes of the erroneous conviction. All law enforcement agencies and county attorneys shall cooperate fully with the investigation.
B. After completion of its investigation, the commission shall submit a report of its findings and recommendations to the supreme court. The report is a public record.
Sec. 2. Applicability
A person who was convicted before the effective date of this act and who meets the eligibility requirements under section 31-551, Arizona Revised Statutes, as added by this act, may file a civil action in the superior court for relief. The action shall be filed within two years after the effective date of this act.
Sec. 3. Purpose
The purpose of this act is to restore innocent persons who have been erroneously convicted and punished, as nearly as is reasonably possible, to the conditions and circumstances they enjoyed before being erroneously convicted.