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AZ HB2639
Bill
Status
5/5/2016
Primary Sponsor
Macario Saldate
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AI Summary
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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.
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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.
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Prohibits the court from offsetting awarded damages by state or political subdivision expenses for arrest, prosecution, or imprisonment of the erroneously convicted person.
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Requires the prosecuting agency to pay all awarded damages and bars erroneously convicted persons from pursuing further state law claims related to the conviction.
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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