The proposed bill would update current statutes by establishing a new legal framework for individuals wrongfully convicted of felonies to seek compensation from the state, effective January 1, 2026. It introduces specific eligibility criteria for claimants, including the requirement that they did not commit the crime, did not engage in perjury or evidence fabrication, and have had their conviction overturned or pardoned. The bill also outlines procedural guidelines for filing claims, including timelines and documentation requirements, and assigns the Attorney General a role in responding to these claims. Additionally, it creates the Erroneous Convictions Fund, managed by the Arizona Department of Administration, to finance successful claims and specifies compensation amounts, including reimbursement for certain costs.

Moreover, the bill enhances the expungement process for erroneous convictions by requiring courts to provide certified copies of expungement orders to the Department of Public Safety (DPS), which must then expunge and destroy related biological samples. It mandates that the Arizona Department of Corrections, Rehabilitation and Reentry (ADCRR) seal and separate expunged records, prohibiting public access to this information. The bill also strengthens the rights of victims associated with erroneous convictions by entitling them to mental health treatment reimbursement and ensuring their rights are enforceable. It allows the Attorney General to investigate misconduct contributing to wrongful convictions and requires reimbursement from local governments for payments made from the Erroneous Convictions Fund. The legislation includes a repeal of the statute enabling erroneous conviction claims effective July 1, 2027, along with various technical and conforming changes.

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