Assigned to JUD AS PASSED BY COW
ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
AMENDED
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 court to inform a person in writing and on the record that:
a) if the person is eligible for automatic restoration of civil rights, the person's rights will be
automatically restored on completion of probation or absolute discharge from
imprisonment; 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 – Amended
H.B. 2119
Page 2
2. Requires the court's order and judgement of guilt to include an explanation of the civil rights
that will be automatically restored, or an explanation of when the person can apply to have
civil rights restored, as applicable.
3. Requires the probation department to provide a copy of the court's sentencing order and
judgement of guilt to each person who completes probation.
4. Requires the Arizona Department of Corrections, Rehabilitation and Reentry (ADCRR) to
provide a copy of the court's sentencing order and judgement of guilt to each person who
obtains an absolute discharge from imprisonment unless the prisoner was sentenced to a term
of probation beginning on absolute discharge from ADCRR.
5. Requires the clerk of the court to notify the Department of Public Safety (DPS) when a person's
civil rights are automatically restored, including whether the person's right to possess a firearm
is restored.
6. 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.
7. Specifies that if a person eligible for automatic restoration of civil rights files an unnecessary
application, the court must grant the application without receiving a response from the state or
holding a hearing.
8. 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.
9. Requires a first-time felony offender sentenced outside of Arizona to file an application for the
automatic restoration of civil rights.
10. Requires the court to grant such an application without receiving a response from the state or
holding a hearing.
11. 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.
12. Requires an application for civil rights restoration filed by a person previously convicted of a
felony to be forwarded to the Attorney General.
13. 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. FACT SHEET – Amended
H.B. 2119
Page 3
14. 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.
15. 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.
16. 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.
17. Makes technical and conforming changes.
18. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Places the onus on the court, rather than on ADCRR, to notify a person of the automatic
restoration of civil rights or of the person's ability to have rights restored.
2. Requires the probation department or ADCRR, as applicable, to provide a copy of the court's
sentencing order and judgement of guilt to a person who completes probation or who obtains
absolute discharge from imprisonment.
3. Removes the requirement that ADCRR notify DPS when a person's civil rights are
automatically restored, including whether the person's right to possess a firearm is restored.
4. Makes conforming changes.
Amendments Adopted by Committee of the Whole
• Requires, rather than allows, the court to grant an application for civil rights restoration without
receiving a response from the state or holding a hearing if the person is eligible for automatic
civil rights restoration and did not need to file the application.
House Action Senate Action
JUD 1/26/22 DP 10-0-0-0 JUD 3/24/22 DPA 7-0-1
3
rd
Read 2/3/22 57-2-1
Prepared by Senate Research
April 20, 2022
ZD/sr