PREFILED JAN 13 2025 REFERENCE TITLE: public officers; employees; disqualification; convictions State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025 HB 2147 Introduced by Representative Blackman AN ACT amending title 38, chapter 2, article 1, Arizona Revised Statutes, by adding section 38-202; relating to public officers and employees. (TEXT OF BILL BEGINS ON NEXT PAGE)
PREFILED JAN 13 2025
REFERENCE TITLE: public officers; employees; disqualification; convictions
State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025
HB 2147
Introduced by Representative Blackman
REFERENCE TITLE: public officers; employees; disqualification; convictions
State of Arizona
House of Representatives
Fifty-seventh Legislature
First Regular Session
2025
HB 2147
Introduced by
Representative Blackman
AN ACT
amending title 38, chapter 2, article 1, Arizona Revised Statutes, by adding section 38-202; relating to public officers and employees.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona: Section 1. Title 38, chapter 2, article 1, Arizona Revised Statutes, is amended by adding section 38-202, to read: START_STATUTE38-202. Disqualification; offenses; background check; hearing A. Beginning from and after January 1, 2026, a person who stands convicted of any of the following offenses, whether completed or preparatory, is not eligible to be appointed to or hold any public office or public employment: 1. A felony offense involving moral turpitude that was committed while the person was holding a position of public trust or employment or acting in a fiduciary capacity. 2. A serious offense or violent or aggravated felony as defined in section 13-706. 3. A domestic violence offense as defined in section 13-3601. 4. An offense in violation of Section 13-1102, 13-1202, 13-1203, 13-1303, 13-1425, 13-1502, 13-1503, 13-1504 or 13-2810, section 13-2910, subsection A, paragraph 8 or 9, section 13-2915, subsection A, paragraph 3 or section 13-2916, 13-2921, 13-2921.01, 13-2923, 13-3019, 13-3601.02 or 13-3623. B. Notwithstanding subsection A of this section, a person who has been previously convicted of a violation of section 13-2921, 13-2921.01 or 13-3019 is eligible to be appointed to or hold public office or public employment if all of the following conditions are met: 1. The person has completed all of the terms and conditions of the sentence imposed by the court, including the payment of all monetary obligations and restitution. 2. The person is not currently serving a term of probation. 3. If the person files to run for a public office, the person submits a letter of endorsement and confidence that is signed by all of the following: (a) The chair of the legislative district political party for the district in which the person resides and the political party in which the person is a member. (b) The county chair and the state chair of the POLITICAL party in WHICH the person is a member. (c) A member of the United States Congress who represents the district in which the person resides. c. A person who applies for or is offered public employment or who files to be a candidate for public office or applies for an appointment to fill a vacancy in a public office shall do the following to confirm the person's eligibility: 1. Submit a full set of fingerprints to the department of public safety for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation. 2. Submit the results of the background check to a law enforcement agency in the jurisdiction in which the person is a candidate for public office or public employment. 3. Obtain confirmation of the person's eligibility from the secretary of state, in cooperation with the appropriate law enforcement agency. D. For a candidate for election or appointment to an elected office, the candidate shall bear the cost of the background check, and for an applicant for public employment, the prospective employer shall bear the cost of the background check. E. A determination of ineligibility pursuant to this section is final and nonAPPEALABLE, except for the following: 1. If a disqualifying conviction is overturned, the person may file for a review with the office of administrative hearings and present EVIDENCE of the overturned conviction, and if the evidence is sufficient, the hearing officer shall overrule the determination of disqualification. 2. In cases of extraordinary CIRCUMSTANCES, the PERSON may file for a review with the office of administrative hearings and present EVIDENCE of the extraordinary circumstances, and the hearing officer shall determine whether the evidence supports overruling the determination of disqualification. END_STATUTE Sec. 2. Applicability This act does not apply to persons who hold public office or public employment before January 1, 2026 unless a person commits a disqualifying offense listed in section 38-202, Arizona Revised Statutes, as added by this act, on or after January 1, 2026.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 38, chapter 2, article 1, Arizona Revised Statutes, is amended by adding section 38-202, to read:
START_STATUTE38-202. Disqualification; offenses; background check; hearing
A. Beginning from and after January 1, 2026, a person who stands convicted of any of the following offenses, whether completed or preparatory, is not eligible to be appointed to or hold any public office or public employment:
1. A felony offense involving moral turpitude that was committed while the person was holding a position of public trust or employment or acting in a fiduciary capacity.
2. A serious offense or violent or aggravated felony as defined in section 13-706.
3. A domestic violence offense as defined in section 13-3601.
4. An offense in violation of Section 13-1102, 13-1202, 13-1203, 13-1303, 13-1425, 13-1502, 13-1503, 13-1504 or 13-2810, section 13-2910, subsection A, paragraph 8 or 9, section 13-2915, subsection A, paragraph 3 or section 13-2916, 13-2921, 13-2921.01, 13-2923, 13-3019, 13-3601.02 or 13-3623.
B. Notwithstanding subsection A of this section, a person who has been previously convicted of a violation of section 13-2921, 13-2921.01 or 13-3019 is eligible to be appointed to or hold public office or public employment if all of the following conditions are met:
1. The person has completed all of the terms and conditions of the sentence imposed by the court, including the payment of all monetary obligations and restitution.
2. The person is not currently serving a term of probation.
3. If the person files to run for a public office, the person submits a letter of endorsement and confidence that is signed by all of the following:
(a) The chair of the legislative district political party for the district in which the person resides and the political party in which the person is a member.
(b) The county chair and the state chair of the POLITICAL party in WHICH the person is a member.
(c) A member of the United States Congress who represents the district in which the person resides.
c. A person who applies for or is offered public employment or who files to be a candidate for public office or applies for an appointment to fill a vacancy in a public office shall do the following to confirm the person's eligibility:
1. Submit a full set of fingerprints to the department of public safety for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation.
2. Submit the results of the background check to a law enforcement agency in the jurisdiction in which the person is a candidate for public office or public employment.
3. Obtain confirmation of the person's eligibility from the secretary of state, in cooperation with the appropriate law enforcement agency.
D. For a candidate for election or appointment to an elected office, the candidate shall bear the cost of the background check, and for an applicant for public employment, the prospective employer shall bear the cost of the background check.
E. A determination of ineligibility pursuant to this section is final and nonAPPEALABLE, except for the following:
1. If a disqualifying conviction is overturned, the person may file for a review with the office of administrative hearings and present EVIDENCE of the overturned conviction, and if the evidence is sufficient, the hearing officer shall overrule the determination of disqualification.
2. In cases of extraordinary CIRCUMSTANCES, the PERSON may file for a review with the office of administrative hearings and present EVIDENCE of the extraordinary circumstances, and the hearing officer shall determine whether the evidence supports overruling the determination of disqualification. END_STATUTE
Sec. 2. Applicability
This act does not apply to persons who hold public office or public employment before January 1, 2026 unless a person commits a disqualifying offense listed in section 38-202, Arizona Revised Statutes, as added by this act, on or after January 1, 2026.