HB 2346 Summary

• Allows persons who were erroneously convicted to apply for compensation through civil action in superior court, with the burden of proof on the applicant to establish erroneous conviction by clear and convincing evidence.

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

• Prohibits offsetting awarded damages by state or county expenses incurred in arrest, prosecution, and imprisonment of the erroneously convicted person.

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

• Establishes a commission of inquiry appointed by the Arizona Supreme Court to investigate causes of erroneous convictions and submit public findings and recommendations.

• Permits persons convicted before this act's effective date to file civil actions within two years of enactment if they meet eligibility requirements.