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AZ SB1030

Bill

Status

Introduced

1/10/2022

Primary Sponsor

Wendy Rogers

Click for details

Origin

Senate

Fifty-fifth Legislature - Second Regular Session (2022)

AI Summary

  • Awards reasonable attorney fees and costs to defendants found not guilty of homicide when the state fails to prove beyond reasonable doubt that the defendant's actions were not justified under Arizona law.

  • Requires the state to reimburse defendants for all reasonable fees, costs, lost wages, and defense expenses when a defendant's actions are determined to be justified.

  • Allows judges to deny or reduce fee awards if the defendant engaged in criminal conduct substantially related to the charges, considering the seriousness of the initial conduct.

  • Permits defendants who prove malicious prosecution to receive fair and just compensation, requiring proof of six elements including that prosecution was malicious, without probable cause, and terminated in the defendant's favor.

  • Makes prosecutors personally liable for malicious prosecution and mandates judges to report findings of malicious prosecution to the state bar for disciplinary investigation of both the prosecutor and employing county attorney.

Legislative Description

Justification; malicious prosecution; fees; costs

Fees

Last Action

Senate read second time

1/11/2022

Committee Referrals

Rules1/10/2022
Judiciary1/10/2022

Full Bill Text

No bill text available