Bill Text: AZ HB2311 | 2019 | Fifty-fourth Legislature 1st Regular | Engrossed
Bill Title: Record clearance; incorrect arrest
Spectrum: Moderate Partisan Bill (Democrat 11-2)
Status: (Engrossed - Dead) 2019-03-06 - Senate read second time [HB2311 Detail]
Download: Arizona-2019-HB2311-Engrossed.html
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House Engrossed |
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State of Arizona House of Representatives Fifty-fourth Legislature First Regular Session 2019
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HOUSE BILL 2311 |
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AN ACT
amending section 13-4051, Arizona Revised Statutes; relating to criminal records.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-4051, Arizona Revised Statutes, is amended to read:
13-4051. Entry on records; stipulation; court order
A. If a law enforcement officer, party in a criminal case or court has grounds to believe a person might have been wrongfully arrested, indicted or otherwise charged for a crime, the law enforcement officer, party in a criminal case or court shall notify the person of the right to file a petition pursuant to this section. The clerk of the court shall not impose a fee for filing the petition.
A. B. Any
person who is wrongfully arrested, indicted or otherwise charged for any a
crime may petition the superior court for entry on all court records, police
records and any other records of any other agency relating to such the arrest, or indictment or charge a notation that
the person has been cleared. The petition shall state which
records the petitioner is requesting to be included in the order.
B. C. After a
hearing on the petition, if the judge believes
court finds that it is in the interest of justice will be served by
such entry, the judge COURT shall issue the an order requiring the an entry that on the person has been cleared on such records, with
accompanying justification therefor, and shall cause.
A copy of such the order to be
delivered shall be
transmitted to all applicable law enforcement, prosecuting and
other agencies and courts. The order shall further require that all
law enforcement agencies and courts shall not release copies of or provide
access to such the
records to not be released
to or accessed by any person except on order of the court.
D. The person may deny that the arrest, indictment or charges ever occurred.
C. E. Any
person who has notice of such the order issued
pursuant to this section and fails to comply with the court order issued
pursuant to this section shall be liable to the person for damages
from such the failure to comply.
