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AZ HB2766
Bill
Status
1/21/2026
Primary Sponsor
Khyl Powell
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AI Summary
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Raises the evidentiary standard for erroneous conviction compensation claims from "preponderance of the evidence" to "clear and convincing evidence"
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Requires claimants to serve copies of their claim on the prosecuting agency and all law enforcement agencies involved in the investigation, in addition to the attorney general
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Expands provisions allowing courts to find that city, town, or county employees committed harmful error or misconduct that proximately caused the wrongful conviction, with those localities required to reimburse the state's erroneous convictions fund proportionally based on fault
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Defines "harmful error" as error affecting substantive rights (excluding innocent or negligent conduct) and "misconduct" as intentional, reckless, or grossly negligent actions showing improper intent or pattern of disregard for legal/ethical obligations
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Limits state liability to monies available in the erroneous convictions fund and requires the Department of Administration to pay claims in the order received
Legislative Description
Erroneous convictions; compensation; procedures
Last Action
House read second time
1/22/2026