Bill Text: AZ HCR2066 | 2010 | Forty-ninth Legislature 2nd Regular | Engrossed


Bill Title: Review; questionable arson convictions

Spectrum: Slight Partisan Bill (Republican 25-12)

Status: (Passed) 2010-04-29 - Transmitted to Secretary Of State [HCR2066 Detail]

Download: Arizona-2010-HCR2066-Engrossed.html

 

 

 

House Engrossed

 

 

 

 

State of Arizona

House of Representatives

Forty-ninth Legislature

Second Regular Session

2010

 

 

HOUSE CONCURRENT RESOLUTION 2066

 

 

 

A CONCURRENT RESOLUTION

 

supporting the review of arson convictions obtained using evidence that is known to be unreliable.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 



Whereas, the crime of arson takes hundreds of lives and causes billions of dollars in property damage every year; and

Whereas, the fire investigation community acknowledges that it is appropriate and necessary in identifying arson to use only the most acknowledged updated and thorough methods; and

Whereas, National Fire Protection Association (NFPA) 921, Guide for Fire and Explosion Investigations, provides fire investigators with guidance on how to properly apply the scientific method to fire investigations; and

Whereas, since the turn of the century, NFPA 921 has been generally accepted as the standard of care for fire investigation; and

Whereas, it is vitally important and appropriate to use only the most thorough and comprehensive methods in identifying  incendiary fires to avoid improperly classifying fires as incendiary when in fact they are accidental; and

Whereas, there are currently approximately 89 individuals in Arizona's prisons serving time for arson; and

Whereas, it is not clear when the investigative techniques of NFPA 921 or other more sophisticated techniques have been used by law enforcement over the years in all fire investigations by agencies in Arizona; and

Whereas, it is possible that some of those persons convicted of arson in Arizona may have been convicted using antiquated and unreliable techniques in the past.

Therefore

Be it resolved by the House of Representatives of the State of Arizona, the Senate concurring:

1.  That the Legislature supports the judicial review of those arson convictions obtained using evidence that is now known to be unreliable.

2.  That the Legislature supports the use of NFPA 921 as a guide, as well as all other currently reliable and probative techniques by the judicial branch, law enforcement agencies and other entities in future fire investigations.

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