Assigned to JUD FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
FACT SHEET FOR H.B. 2119
civil rights restoration; requirements; process
Purpose
Modifies notification and process requirements relating to the restoration of civil rights.
Allows a person's right to possess a firearm to be automatically restored if certain conditions are
met.
Background
Any person who has not been previously convicted of a felony offense is eligible for the
automatic restoration of civil rights, except the right to possess a firearm, upon completion of
probation or absolute discharge from imprisonment and payment of all victim restitution (A.R.S.
§ 13-907). A person who has been previously convicted of a felony or who has not paid any victim
restitution may file for restoration of civil rights two years after the date of absolute discharge from
imprisonment, subject to the discretion of the judicial officer (A.R.S. § 13-908). A person
convicted of a felony offense may file for restoration of the right to possess or carry a firearm 2
years after the date of absolute discharge, except that a person convicted of a serious offense may
not file until 10 years after the date of absolute discharge, and a person convicted of a dangerous
offense may never file for the restoration of the right to possess or carry a firearm (A.R.S.
§ 13-910).
A serious offense means: 1) first degree murder; 2) second degree murder; 3) manslaughter;
4) aggravated assault resulting in serious physical injury or involving the discharge, use or
threatening exhibition of a deadly weapon or dangerous instrument; 5) sexual assault; 6) any
dangerous crime against children; 7) arson of an occupied structure; 8) armed robbery; 9) burglary
in the first degree; 10) kidnapping; 11) sexual conduct with a minor under 15 years old; and
12) child sex trafficking (A.R.S. § 13-706). Dangerous offense means an offense involving the
discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or the
intentional infliction of serious physical injury on another person (A.R.S. § 13-105).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Requires the probation department or the Arizona Department of Corrections, Rehabilitation
and Reentry (ADCRR) to inform a person in writing at the time of completion of probation or
absolute discharge from imprisonment that:
a) if the person is eligible for automatic restoration of civil rights, the person's rights have
been automatically restored; or
b) if the person is not eligible for automatic restoration of civil rights, the person has the right
to restore their civil rights. FACT SHEET
H.B. 2119
Page 2
2. Requires the notice to include an explanation of the civil rights restored, or when a person can
apply to have the person's civil rights restored, as applicable.
3. Requires the clerk of the court or the ADCRR to notify the Department of Public Safety when
a person's civil rights are automatically restored, including whether the person's right to possess
a firearm is restored.
4. Allows the right to possess a firearm to be automatically restored if the person was not
convicted of a dangerous offense or a serious offense, rather than prohibiting a person from
filing for the restoration of the right to possess until two years after absolute discharge.
5. Specifies that if a person eligible for automatic restoration of civil rights files an unnecessary
application, the court may grant the application without receiving a response from the state or
holding a hearing.
6. States that a first-time felony offender sentenced for an offense committed outside of Arizona
is eligible for the automatic restoration of any civil rights lost or suspended, if the person pays
all victim restitution imposed.
7. Requires a first-time felony offender sentenced outside of Arizona to file an application for the
automatic restoration of civil rights.
8. Requires the court to grant such an application without receiving a response from the state or
holding a hearing.
9. Removes the prohibition against a person previously convicted of a felony from filing for the
restoration of civil rights until two years after the date of absolute discharge.
10. Requires an application for civil rights restoration filed by a person previously convicted of a
felony to be forwarded to the Attorney General.
11. Removes the requirement that a person whose civil rights were lost or suspended for an offense
in another state or a U.S. district court file:
a) a judicial officer's affidavit of discharge from probation; or
b) with an application for civil rights restoration, a certificate of absolute discharge from the
Director of the Federal Bureau of Prisons, unless it is shown to be impossible to obtain a
certificate.
12. Removes the requirement that a person who receives an absolute discharge from imprisonment
file, with the application for civil rights restoration, a certificate of absolute discharge from the
Director of ADCRR.
13. Removes the requirement that, if a court grants the application, the court must restore the
person's civil rights, and instead states that the restoration of civil rights is at the discretion of
the judicial officer.
14. Specifies that persons sentenced for a felony conviction in another state may apply for the
restoration of civil rights as outlined and makes applicable conforming changes. FACT SHEET
H.B. 2119
Page 3
15. Makes technical and conforming changes.
16. Becomes effective on the general effective date.
House Action
JUD 1/26/22 DP 10-0-0-0
3
rd
Read 2/3/22 57-2-1
Prepared by Senate Research
March 22, 2022
ZD/sr