State SealARIZONA HOUSE OF REPRESENTATIVES

 

HB 2480: setting aside judgment; felony offense

PRIME SPONSOR: Representative Bowers, LD 25

BILL STATUS: Transmitted to Governor

 

 

Overview

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NotePermits a defendant convicted of a non-felony offense against a victim under 15 years of age to apply for a set-aside judgment.

History

A convicted person can apply for a set-aside judgment upon completion of probation or discharge, unless convicted of:

1.       A dangerous offense;

2.       An offense that requires a sex offender registration;

3.       An offense committed for sexual gratification;

4.       An offense against a victim under 15 years of age;

5.       Driving with a suspended, revoked, or canceled license; or

6.       Certain traffic violations and vehicle offenses (A.R.S. § 13-907 (A)).

A set-aside is the dismissal of a convicted person's judgment and a convicted person is released from all penalties and disabilities caused by the conviction, unless the penalties and disabilities were imposed by the Arizona Department of Transportation (ADOT) or the Game and Fish Commission (A.R.S. §13-907(D)).

If a convicted person is granted a set-aside, the conviction cannot be removed from any part of the person's criminal record (A.R.S. § 13-907 (F)).

A conviction that is set aside can be:

1.       Used as a conviction if the conviction would be acceptable not set aside;

2.       Alleged as an element of an offense;

3.       Used as a prior conviction;

4.       Argued and proved in any subsequent prosecution of a person for any offense in Arizona; or

5.       Used by ADOT to enforce:

a.       The revocation, destruction, termination, invalidation, suspension, or disqualification of a person's driver's license;

b.       The disqualification of a person who is required to have a commercial driver's license from driving a commercial vehicle;

c.        A licensee to complete traffic survival school sessions; and

d.       The issuance of a special ignition interlock device for DUI convictions as if the judgment had not been set aside (A.R.S. § 13-907 (E)).

Provisions

1.       Permits a defendant convicted of a non-felony offense against a victim under 15 years of age to apply for a set-aside judgment.

2.       Makes technical corrections.

3.        

4.        

5.       ---------- DOCUMENT FOOTER ---------

6.       Fifty-fourth Legislature                       HB 2480

7.       First Regular Session                            Version 4: Transmitted

8.        

9.       ---------- DOCUMENT FOOTER ---------