The proposed bill would significantly update current statutes regarding erroneous convictions by establishing a new legal framework for individuals wrongfully convicted of felonies to file claims against the state for compensation starting January 1, 2026. This framework includes specific procedures for claimants to prove their innocence, a two-year statute of limitations for filing claims after a conviction is overturned, and mandates that all pleadings be titled "In The Matter Of The Erroneous Conviction Of ____." Additionally, the bill would create the Erroneous Convictions Fund, managed by the Arizona Department of Administration, to finance successful claims, with compensation based on factors such as the duration of wrongful incarceration and circumstances like being on death row.

Furthermore, the bill introduces updates to the expungement process for criminal records, requiring courts to provide certified copies of expungement orders to the Department of Public Safety (DPS) and mandating the destruction of biological samples related to the claimant's arrest. It also outlines provisions for victims of crimes related to erroneous convictions, including reimbursement for mental health treatment and notification requirements for the Attorney General regarding claims made by the claimant. The bill includes a repeal of the statute enabling erroneous conviction claims set for July 1, 2027, and makes various technical and conforming changes to existing law, ultimately creating a comprehensive system to address injustices faced by wrongfully convicted individuals in Arizona.

Statutes affected:
Introduced Version: 8-862
Senate Engrossed Version: 8-862
Chaptered Version: 41-710.03, 13-3821, 13-610, 13-4033, 13-4401, 41-2407