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AZ SB1362

Bill

Status

Introduced

1/29/2020

Primary Sponsor

Juan Mendez

Click for details

Origin

Senate

Fifty-fourth Legislature - Second Regular Session (2020)

AI Summary

  • Allows individuals wrongfully convicted and imprisoned to sue the state for damages if they can prove by preponderance of evidence that they did not commit the crime, did not cause their conviction, and had their conviction reversed, dismissed, or overturned on retrial.

  • Awards $65,000 per year of imprisonment (excluding concurrent sentences for other crimes) plus at least $25,000 per year for parole, community supervision, or sex offender registration requirements.

  • Requires payment as initial lump sum (up to $100,000 or 25% of award, whichever is greater) plus remainder as annuity not exceeding $80,000 annually, though court may order lump sum payment if in claimant's best interest.

  • Grants claimant certificate of innocence upon judgment, which requires expungement and purging of conviction and arrest records from state and federal databases, plus destruction of biological samples.

  • Provides claimant with up to $25,000 in attorney fees and costs, health insurance coverage paid by the state, and tuition assistance for up to 130 credit hours at Arizona universities or community colleges.

Legislative Description

Erroneous conviction; damages; tuition assistance

Damages

Last Action

Senate read second time

1/30/2020

Full Bill Text

No bill text available