Bill > HB2766

This bill, concerning compensation for erroneous convictions in Arizona, modifies existing law to require claimants to prove their innocence and the circumstances of their wrongful conviction by "clear and convincing evidence," a higher standard than the previous "preponderance of the evidence." It also expands the conditions under which a conviction can be considered erroneous, allowing for claims after a judgment is reversed or vacated and the claimant pleads no contest while maintaining innocence, or after a retrial where the claimant is found not guilty. The bill clarifies that a false confession or guilty plea does not automatically disqualify a claim if innocence is maintained. Procedurally, it mandates service of the claim on the attorney general, the prosecuting agency, and involved law enforcement agencies, and grants the attorney general at least sixty days to respond. The bill also introduces new definitions for "harmful error" and "misconduct" by government employees, which can be a basis for claims, and clarifies that the liability of cities, towns, and counties for such errors is several, meaning each is responsible only for their percentage of fault. Compensation amounts are detailed, including a base amount for each year incarcerated, with provisions for additional compensation up to $500,000, and reimbursement for specific costs like reintegrative services and attorney fees. The bill also mandates the expungement of records and restoration of civil rights for those with erroneous convictions and establishes that the erroneous convictions fund, administered by the Department of Administration, will be used to pay these awards, with specific reimbursement requirements for cities, towns, and counties found to have committed harmful error or misconduct. Finally, the bill makes these changes retroactive to December 31, 2025.

Justice

https://apps.azleg.gov/BillStatus/BillOverview/84606