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AZ HCR2038

Concurrent Resolution

Status

Introduced

1/25/2012

Primary Sponsor

Tom Chabin

Click for details

Origin

House of Representatives

Fiftieth Legislature - Second Regular Session (2012)

AI Summary

  • Proposes constitutional amendment to remove governor's power to grant commutations, transferring commutation authority exclusively to the board of executive clemency.

  • Establishes board of executive clemency as sole authority to review and grant commutations for all felony offenses committed before January 1, 1994, with applications requiring documentation of victim notification.

  • For offenses committed on or after January 1, 1994, board may grant commutations after hearing with victim, county attorney, and judge notification, upon finding by clear and convincing evidence that sentence is excessive and offender will conform to law.

  • Restricts re-petition for commutation to five years minimum (up to ten years for certain violent crimes, or longer for murder) following board denial, with limited waivers for imminent death, execution warrant, or special court order.

  • Requires state department of corrections to notify all prisoners within 30 days of effective date regarding commutation eligibility for offenses committed before January 1, 1994, and mandates board reporting to governor and publication of reasons for commutations in Arizona administrative register.

Legislative Description

Board of executive clemency; commutation

Last Action

Referred to House JUD Committee

1/26/2012

Full Bill Text

No bill text available