HB 2633 Arizona House · 57th Legislature - First Regular Session

special actions; public participation; postconviction

HB 2633 creates a new legal tool allowing individuals to seek dismissal of lawsuits they believe were filed to retaliate against their exercise of constitutional rights, such as free speech, peaceful assembly, or political advocacy. To use this tool, the person must first provide evidence showing the lawsuit was substantially motivated by a desire to deter or punish such protected activities (a "prima facie" showing). State government entities (like agencies or officials) face additional requirements to defend against such motions, including proving they were unaware of the person's protected activity or had consistent practices for similar cases. If successful, the moving party can recover attorney fees and costs, while courts must stay discovery proceedings during the motion. This bill directly affects individuals facing civil lawsuits they claim are retaliatory, not state actors.

Issues: ✓ Criminal Justice

Bill status passed 3 of 5 stages cleared

Introduction

Jan 2025

Committee Review

House Passage

Feb 2025

Senate Passage

Governor

Introduced Jan 28, 2025 Last action Mar 31, 2025

Maddy AI version diff · 1 comparison

What changed between versions

Introduced Version → House Engrossed Version · 5 edits · Feb 19, 2025

MODERATE

This bill amends Arizona's strategic actions law to strengthen protections against government retaliation for political or religious expression, adds a new postconviction remedy for criminal prosecutions brought in violation of those protections, and clarifies eligibility criteria for public officials and protesters. The changes expand remedies for individuals targeted by the government for their lawful exercise of constitutional rights.

Scope change

The bill expands the scope of protected activities to explicitly include political and religious expression, adds a new postconviction relief mechanism for criminal cases, and clarifies who qualifies as a 'state actor' and 'eligible petitioner'.

ELIGIBILITY

Expanded eligibility for postconviction relief to include current or former public officials, candidates, nonprofit officers, public figures, police officers, and protest participants whose arrests were related to their involvement.

ENFORCEMENT

Added new Section 13-4242 establishing postconviction relief for criminal prosecutions brought in violation of strategic actions protections, allowing convicted defendants to seek vacatur of judgments and attorney fees.

DEFINITION

Clarified the definition of 'state actor' to include various government entities and clarified that peace officers are immune from liability under the strategic actions section.

REQUIREMENT

Added requirements for filing postconviction relief notices within 30 days of sentencing and hearings within 60 days to determine eligibility.

TIMELINE

Extended the time limit for filing strategic action motions to 60 days after actual notice of misconduct, with discretion for later filing.

Floor votes · House Feb 19, 2025

How they voted

33–26

Passed · 1 other

Total votes 60

Feb 19, 2025

D Democratic27

26 Nay 1

96% Nay

R Republican33

33 Yea

100% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Feb 19, 2025

Lower · Passed

PASSED

lower

Feb 17, 2025

Lower · Passed

DPA

lower

Feb 5, 2025

Lower · Passed

DPA

lower

1 primary · 2 co-sponsors