SB 1258 Summary

• Allows persons erroneously convicted to seek compensation through civil action, with the burden of proving erroneous conviction by clear and convincing evidence.

• Courts may award damages including restitution of fines/fees/costs, attorney fees, and special damages for lost wages, property forfeitures, and medical expenses caused by the erroneous conviction.

• Prohibits courts from offsetting awarded damages against state expenses for arrest, prosecution, or imprisonment, and bars recipients from pursuing further state law claims related to the erroneous conviction.

• Requires the prosecuting agency to pay all awarded damages and permits courts to order structured payments.

• Directs the Arizona Supreme Court to appoint a commission to investigate causes of erroneous convictions and submit public reports with findings and recommendations.