HB 2633 — special actions; public participation; postconviction

Fifty-seventhHouse LegislatureEngrossed Firstspecial Regularactions; Session COMMITTEE ON JUDICIARY HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B.

2633public (Referenceparticipation; to printed bill) Amendment instruction key:

[GREENpostconviction UNDERLININGState INof BRACKETS]Arizona indicatesHouse textof addedRepresentatives toFifty-seventh statuteLegislature orFirst previouslyRegular enactedSession sessionHOUSE law.BILL 2633 AN ACT AMENDING SECTION 12-751, ARIZONA REVISED STATUTES;

[GreenAMENDING underliningTITLE in13, brackets]CHAPTER indicates38, textARTICLE added29, toARIZONA newREVISED sessionSTATUTES, lawBY orADDING textSECTION restoring13-4242; existing law.

[GREENRELATING STRIKEOUTTO INREMEDIES. BRACKETS] indicates new text removed from statute or previously enacted session law.

[Green(TEXT strikeoutOF inBILL brackets]BEGINS indicatesON textNEXT removedPAGE) from- existingi statute,- previouslyH.B. enacted session law or new session law.

<<Green2633 carets>>Be indicateit aenacted sectionby addedthe toLegislature of the bill.State of Arizona:

<<Green strikeout in carets>> indicates a section removed from the bill.

The bill as proposed to be amended is reprinted as follows:

The moving person may submit evidence based on the record, a sworn affidavit or other evidence that is Housesubmitted Amendmentswith the motion to H.B.dismiss or quash OR PETITION FOR POSTCONVICTION RELIEF.

2633 submitted with the motion to dismiss or quash OR PETITION FOR POSTCONVICTION RELIEF.

(a) Establishing that the person who initiated and conducted an investigation- that1 resulted- inH.B. the legal action and that WHO made the decision to pursue the legal action was unaware of the movant's lawful exercise of the constitutional right OR POLITICAL BELIEFS OR ADVOCACY.

2633 investigation that resulted in the legal action and that WHO made the decision to pursue the legal action was unaware of the movant's lawful exercise of the constitutional right OR POLITICAL BELIEFS OR ADVOCACY.

-2-E. House Amendments to H.B.

2633 E.

For the purposes of this subsection, "costs" means all costs that are reasonably incurred and includes filing fees,- record2 preparation- andH.B. document copying fees, documented time away from employment to confer with counsel or attend case related proceedings, expert witness fees, travel expenses and any other costs that the court deems appropriate.

2633 fees, record preparation and document copying fees, documented time away from employment to confer with counsel or attend case related proceedings, expert witness fees, travel expenses and any other costs that the court deems appropriate.

A STATE ACTOR IS LIABLE FOR INTENTIONALLY BRINGING OR MAINTAINING, CONSPIRING TO BRING OR MAINTAIN OR AIDING AND ABETTING THE PURSUIT OR MAINTENANCE OF A [NONCRIMINALNONCRIMINAL OR TRAFFIC]TRAFFIC LEGAL ACTION WHEN A SUBSTANTIAL MOTIVATION FOR THE STATE ACTOR IS A DESIRE TO DETER, RETALIATE AGAINST OR PREVENT ANY PERSON FROM HOLDING OR EXPRESSING POLITICAL OR RELIGIOUS VIEWS, FROM FREE POLITICAL ASSOCIATION OR FROM ENGAGING IN POLITICALLY RELATED ADVOCACY.

IF A MOTION FILED PURSUANT TO -3-SUBSECTION HouseA AmendmentsOF toTHIS H.B.SECTION WAS MADE IN THE UNDERLYING LEGAL ACTION AND WAS UNSUCCESSFUL, THE COURT, IN ITS DISCRETION, MAY ALLOW A JURY TO CONSIDER THIS FACT BUT THE DISPOSITION OF THE MOTION IS NOT BINDING ON THE JURY.

2633 SUBSECTION A OF THIS SECTION WAS MADE IN THE UNDERLYING LEGAL ACTION AND WAS UNSUCCESSFUL, THE COURT, IN ITS DISCRETION, MAY ALLOW A JURY TO CONSIDER THIS FACT BUT THE DISPOSITION OF THE MOTION IS NOT BINDING ON THE JURY.

IF AN INDIVIDUAL IS FOUND LIABLE, THE INDIVIDUAL MAY [NOT] BE INDEMNIFIED BY THIS STATE OR A POLITICAL SUBDIVISION OF THIS STATE OR THE STATE'S OR POLITICAL SUBDIVISION'S INSURER.

NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBSECTION, THE EXCLUSIVE MEANS OF REDRESS FOR A VIOLATION OF THIS SECTION WITH RESPECT TO LEGAL- ACTIONS3 SET- FORTHH.B. IN SUBSECTION L, PARAGRAPH 1, SUBDIVISION (a), ITEM (ii) OF THIS SECTION SHALL BE AS SET FORTH IN SECTION 13-4242.

2633 LEGAL ACTIONS SET FORTH IN SUBSECTION L, PARAGRAPH 1, SUBDIVISION (a), ITEM (ii) OF THIS SECTION SHALL BE AS SET FORTH IN SECTION 13-4242.

-4-(b) HouseAny Amendmentsbranch, todepartment, H.B.board, bureau, commission, council, PROFESSIONAL OR OCCUPATIONAL LICENSING OR REGULATORY ORGANIZATION IN WHICH MEMBERSHIP IS MANDATORY FOR INDUSTRY PARTICIPANTS or committee of an entity included in subdivision (a) of this paragraph.

2633 (b) Any branch, department, board, bureau, commission, council, PROFESSIONAL OR OCCUPATIONAL LICENSING OR REGULATORY ORGANIZATION IN WHICH MEMBERSHIP IS MANDATORY FOR INDUSTRY PARTICIPANTS or committee of an entity included in subdivision (a) of this paragraph.

NOTWITHSTANDING ANY OTHER LAW, A DEFENDANT WHO HAS BEEN CONVICTED OF A CRIMINAL OFFENSE IN A LEGAL ACTION COMMENCED OR MAINTAINED IN- VIOLATION4 OF- SECTIONH.B. 12-751 AND WHO IS AN ELIGIBLE PETITIONER MAY FILE A PETITION FOR POSTCONVICTION RELIEF PURSUANT TO THIS SECTION AND SECTION 13-4231, PARAGRAPH 2, EXCEPT THAT RELIEF MAY NOT BE PRECLUDED FOR THE FAILURE TO TIMELY RAISE THE ISSUE OR ON THE GROUNDS THAT THE ACCUSED CONSENTED TO JURISDICTION OF THE COURT.

2633 IN VIOLATION OF SECTION 12-751 AND WHO IS AN ELIGIBLE PETITIONER MAY FILE A PETITION FOR POSTCONVICTION RELIEF PURSUANT TO THIS SECTION AND SECTION 13-4231, PARAGRAPH 2, EXCEPT THAT RELIEF MAY NOT BE PRECLUDED FOR THE FAILURE TO TIMELY RAISE THE ISSUE OR ON THE GROUNDS THAT THE ACCUSED CONSENTED TO JURISDICTION OF THE COURT.

-5-(d) HouseA AmendmentsCURRENT toOR H.B.FORMER PUBLIC FIGURE AS THAT TERM IS DEFINED AT COMMON LAW.

2633 (d) A CURRENT OR FORMER PUBLIC FIGURE AS THAT TERM IS DEFINED AT COMMON LAW.

Sec.- 5 - H.B.

2633 Sec.

Enroll- and6 engross- to conform Amend title to conform And, as so amended, it do pass QUANG H.

NGUYEN CHAIRMAN 2633JUDICIARY.docx 02/05/2025 10:11 AM H:

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