Bill Amendment: AZ SB1523 | 2018 | Fifty-third Legislature 2nd Regular
Bill Title: Criminal justice; budget reconciliation; 2018-2019
Status: 2018-05-03 - Chapter 278 [SB1523 Detail]
Download: Arizona-2018-SB1523-SENATE_-_Yarbrough_flr_amend_ref_Bill_adopted.html
Bill
Number: S.B. 1523
Yarbrough Floor Amendment
Reference to: printed bill
Amendment drafted by: Leg Council
FLOOR AMENDMENT EXPLANATION
1. Increases, from $500,000 to $1 million, the statutory cap on the nonlapsing requirement for monies in the Collection Enforcement Revolving Fund.
2. Repeals language allowing the Department of Corrections to use monies in the Transition Program Fund to expand the Prison Employment Center.
3. Increases, from $10 million to $16 million, instead of suspending, the cap and transfer of Highway User Revenue Fund monies available to fund Department of Public Safety Patrol costs in Fiscal Year 2019.
4. Requires county attorneys in Pinal County and Yavapai County to post a criminal case statistics study on the county attorney or an affiliated association's website until July 1, 2020.
5. Appropriates, in Fiscal Year 2019, $200,000 from the Drug and Gang Prevention Resource Center Fund to Yavapai County and Pinal County to cover the cost associated with the criminal case statistics study.
Fifty-third Legislature Yarbrough
Second Regular Session S.B. 1523
YARBROUGH FLOOR AMENDMENT
SENATE AMENDMENTS TO S.B. 1523
(Reference to printed bill)
Page 2, between lines 14 and 15, insert:
"Sec. 3. Section 41-191.03, Arizona Revised Statutes, is amended to read:
41-191.03. Collection enforcement revolving fund; disposition of monies
A. The collection enforcement revolving fund is established for the purpose of collecting debts owed to the state. Monies in the fund are subject to legislative appropriation. The attorney general shall administer the fund.
B. The attorney general may expend from the collection enforcement revolving fund such the monies as that are necessary for operating expenses incurred by the department of law and the collection of debts owed to this state, including reimbursing other accounts or departments within the office of the attorney general from which monies or services for collection were provided.
C. Thirty‑five per cent percent of all monies recovered by the attorney general pursuant to section 41‑191.04 shall be deposited, pursuant to sections 35‑146 and 35‑147, in the collection enforcement revolving fund.
D. Sixty‑five per cent percent of all monies recovered by the attorney general pursuant to section 41‑191.04 shall be distributed as follows:
1. Those monies that are directly attributable to a fund containing monies that do not revert to the state general fund at the end of the fiscal year shall be deposited, pursuant to sections 35‑146 and 35‑147, in that fund.
2. All other monies shall be deposited, pursuant to sections 35‑146 and 35‑147, in the state general fund.
E. Monies in the collection enforcement revolving fund are exempt from the lapsing provisions of section 35‑190 relating to lapsing of appropriations, except that monies remaining in the fund at the end of each fiscal year in excess of five hundred thousand one million dollars shall be distributed on a pro rata basis to the funds receiving monies pursuant to subsection D of this section. Such This distribution shall be based on the percentage that the collections deposited in each fund bear to the total amount deposited into in the funds during the fiscal year.
F. Notwithstanding anything in subsections B through E of this section, monies due and owing pursuant to section 12‑116.01 and collected by the attorney general shall be distributed as follows:
1. Twenty per cent percent of all monies recovered by the attorney general pursuant to section 41‑191.04 shall be deposited, pursuant to sections 35‑146 and 35‑147, in the collection enforcement revolving fund.
2. Eighty per cent percent of all monies recovered by the attorney general pursuant to section 41‑191.04 shall be deposited, pursuant to sections 35‑146 and 35‑147, in the criminal justice enhancement fund established by section 41‑2401."
Renumber to conform
Page 5, strike lines 5 through 10
Renumber to conform
Page 6, lines 41 and 42, strike "are suspended" insert "may not exceed $16,000,000"
After line 42, insert:
"Sec. 21. Appropriation; Arizona criminal justice commission; criminal case statistics study; exemption
A. A onetime sum of $200,000 is appropriated from the drug and gang prevention resource center fund established by section 41-2402, Arizona Revised Statutes, in fiscal year 2018-2019 to the Arizona criminal justice commission for distribution to the Yavapai county attorney's office and the Pinal county attorney's office to cover the cost associated with the criminal case statistics study.
B. The appropriation made in subsection A of this section is exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations.
Sec. 22. Criminal case statistics study; county attorneys; public website posting; requirements; delayed repeal; definitions
A. Beginning January 1, 2019, on the first day of each month for twelve consecutive months, the county attorney in Yavapai county and the county attorney in Pinal county shall post the following information for the previous month on the prosecutor's public website or on the public website of an affiliated association:
1. The respective aggregate number of misdemeanor and felony cases by individual defendant:
(a) That are indicted by the prosecutor's office.
(b) That are resolved by the prosecutor's office through a plea agreement. If resolved through a plea agreement, the prosecutor shall post the aggregate number of cases in which the defendant either:
(i) Pleaded guilty.
(ii) Pleaded no contest.
(c) That are presented for bench or jury trial consideration, excluding prior conviction trials.
(d) In which a first-time felony offender received a sentence of:
(i) Less than one year of imprisonment.
(ii) One year or more but less than three years of imprisonment.
(iii) Three years or more but less than five years of imprisonment.
(iv) Five years or more but less than ten years of imprisonment.
(v) Ten years or more of imprisonment.
(e) In which a repetitive offender received a sentence of:
(i) Less than one year of imprisonment.
(ii) One year or more but less than three years of imprisonment.
(iii) Three years or more but less than five years of imprisonment.
(iv) Five years or more but less than ten years of imprisonment.
(v) Ten years or more of imprisonment.
2. For each individual defendant's indicted case, a breakdown of each offense charged and whether that offense was charged as a misdemeanor or felony.
3. For each misdemeanor and felony offense that was charged in each individual defendant's case:
(a) Whether the offense was resolved by plea agreement.
(b) If the offense was resolved by plea agreement, whether the defendant pleaded guilty or no contest.
(c) Whether the offense was presented for bench or jury trial consideration, excluding prior conviction trials.
(d) The verdict on each misdemeanor and felony charge that was submitted for bench or jury trial consideration.
(e) The final sentence entered on each charge.
(f) Any changes that were mandated by an appellate court to a final sentence that was entered by a justice or superior court.
4. For each individual defendant's case, whether the defendant has previously been charged with a felony in this state and, if the defendant has previously been charged with a felony in this state, how many prior felony charges in this state.
5. For each individual defendant's case in which the defendant has a prior felony conviction, a description of each prior felony conviction.
6. The amount, as recorded by the arresting officer, that was the basis for the following charges:
(a) Possession or use of marijuana or a dangerous or narcotic drug.
(b) Possession for sale of marijuana or a dangerous or narcotic drug.
(c) Possession of equipment or chemicals, or both, for the purpose of manufacturing a dangerous or narcotic drug.
(d) Manufacturing a dangerous or narcotic drug.
(e) Administering a dangerous or narcotic drug to another person.
(f) Obtaining or procuring the administration of a dangerous or narcotic drug by fraud, deceit, misrepresentation or subterfuge.
(g) Transporting for sale, importing into this state or offering to transport for sale or import into this state, selling, transferring or offering to sell or transfer marijuana or a dangerous or narcotic drug.
7. For each misdemeanor and felony case, each individual defendant's:
(a) Age.
(b) Race or ethnicity.
(c) Declared gender.
B. The information required by this section must be accessible by the public and remain on the prosecutor's public website in perpetuity.
C. This section is repealed from and after June 30, 2020.
D. For the purposes of this section:
1. "Consideration" means that a jury was empaneled and sworn in to consider the charges or, in the case of a bench trial, at least one witness testified.
2. "Prosecutor" means a county attorney."
Amend title to conform
