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AZ HB2639

Bill

Status

Introduced

5/5/2016

Primary Sponsor

Macario Saldate

Click for details

Origin

House of Representatives

Fifty-second Legislature - Second Regular Session (2016)

AI Summary

  • Allows persons erroneously convicted to apply for compensation by filing a civil action in superior court, with the burden of proving the erroneous conviction by clear and convincing evidence.

  • Court may award damages including restitution of fines, fees, costs, attorney fees incurred in defense, and special damages for lost wages, property, and medical expenses caused by the erroneous conviction.

  • Prohibits the court from offsetting awarded damages by state or political subdivision expenses for arrest, prosecution, or imprisonment of the erroneously convicted person.

  • Requires the prosecuting agency to pay all awarded damages and bars erroneously convicted persons from pursuing further state law claims related to the conviction.

  • Mandates the Arizona Supreme Court appoint a commission of inquiry to investigate causes of erroneous convictions and submit findings to the court; applies to convictions occurring before the act's effective date if filed within two years.

Legislative Description

Erroneous convictions; civil action

Last Action

Introduced in House and read first time

5/5/2016

Full Bill Text

No bill text available