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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
erroneous convictions; compensation
Purpose
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 non 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 as 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 defendants 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 is 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 would increase costs to the state's Risk Management Revolving Fund. While the magnitude of the cost will depend on the number of erroneously convicted persons that submit a claim for a compensation award, J:BC 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
1. Allows a claimant to bring an action in the superior court seeking compensation for a felony conviction for which the claimant was incarcerated if the claimant was pardoned based on innocence or received a judgement of conviction that was reversed or vacated and either:
a) the charges were dismissed or the claimant was found not guilty on retrial; or
b) the claimant entered 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 would otherwise 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 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.
4. Allows the claimant and AG to stipulate an additional extension of time for the AG's response.
5. Requires the court to decide the claim and specifies that the Arizona Rules of Civil Procedure apply.
6. Requires the action to be brought in the county of conviction, or Maricopa County, and be brought 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.
7. Stipulates the AG has the burden of proving, by clear and convincing evidence, that the claimant is not entitled to compensation because the claimant committed either:
a) the offense for which they were convicted; or
b) perjury, evidence fabrication or caused or brought about the conviction by the claimant's own conduct.
8. Specifies 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.
9. Requires the court to enter an order granting the erroneous conviction claim if the AG does not object in response to the claim.
10. Requires the court to order and hold an evidentiary hearing if the AG objects to the claim.
11. Requires the grant or denial of the court order to include findings of fact and conclusions of law.
12. Allows a claimant to request the action and erroneous conviction ruling be sealed.
13. Stipulates that the court's decision to grant or deny an erroneous conviction claim is not res judicata on any other proceedings.
14. Allows a claimant to file a direct appeal for a denied erroneous conviction claim.
Erroneous Conviction Compensation
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% 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 United States 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; and
b) 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. Allows the claimant to request additional compensation and, if so, the court must consider the pro per status of the claimant in their determination.
17. Outlines evidence the claimant may present in a request for additional compensation, including:
a) whether the claimant was required to register as a sex offender and for what length of time the claimant complied with registration requirements;
b) expenses 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;
c) unreimbursed costs, fines, fees or surcharges imposed on the claimant resulting from the erroneous conviction;
d) unreimbursed restitution that was paid by or on behalf of the claimant as a result of the erroneous conviction; or
e) any other damages the claimant may have suffered arising from or related to the claimant's arrest, prosecution, conviction and incarceration.
18. Specifies court awarded compensation as outlined does not constitute gross income for tax purposes.
19. Includes additional services the claimant is entitled to from licensed or accredited state institutions, agencies or providers within Arizona to include reimbursement for:
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.
20. 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.
21. 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.
22. 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.
23. Prohibits the compensation award from being offset by any expenses incurred by the state, or a political subdivision thereof, 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.
24. 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.
25. Requires the clerk of the court to send a certified copy of the order to the Arizona Department of Administration's Risk Management Revolving Fund (Fund) for payment from the Fund within 45 days.
26. Requires any claims for reimbursement entitled to the claimant under this legislation to be paid by the Arizona Department of Administration's Risk Management Fund within 14 days of receipt of a claim.
27. Entitles a victim of a crime in which an erroneous conviction judgement has been granted to reimbursement for mental health treatment.
28. 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.
29. Specifies the victim does not need to establish any other eligibility to receive the reimbursement.
Expungement Order
30. Requires the court, regardless of whether the claimant has a historical prior felony conviction, to order the 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 the Arizona Department of Public Safety (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 all records relating to the expunged arrest, charge, conviction or adjudication and sentence and allow the 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 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.
Miscellaneous
42. Contains a legislative findings clause.
43. Becomes effective on the general effective date.
House Action
PSLE 02/20/25 DP 13-0-0-2
3rd Read 02/26/25 59-0-1
Prepared by Senate Research
March 24, 2025
ZD/AW/ci