Bill Text: AZ HB2170 | 2017 | Fifty-third Legislature 1st Regular | Engrossed
Bill Title: Anti-racketeering monies; police training
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2017-03-23 - Senate JUD Committee action: Failed To Pass, voting: (2-5-0-0) [HB2170 Detail]
Download: Arizona-2017-HB2170-Engrossed.html
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House Engrossed |
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State of Arizona House of Representatives Fifty-third Legislature First Regular Session 2017
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HOUSE BILL 2170 |
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AN ACT
amending sections 13‑2314.01 and 13‑2314.03, Arizona Revised Statutes; relating to anti‑racketeering monies.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-2314.01, Arizona Revised Statutes, is amended to read:
13-2314.01. Anti-racketeering revolving fund; use of fund; reports
A. The anti‑racketeering revolving fund is established. The attorney general shall administer the anti‑racketeering revolving fund under the conditions and for the purposes provided by this section. Monies in the anti‑racketeering revolving fund are exempt from the lapsing provisions of section 35‑190.
B. Any prosecution and investigation costs, including attorney fees, recovered for the state by the attorney general as a result of enforcement of civil and criminal statutes pertaining to any offense included in the definition of racketeering in section 13‑2301, subsection D, paragraph 4 or section 13‑2312, whether by final judgment, settlement or otherwise, shall be deposited in the anti‑racketeering revolving fund established by this section.
C. Any monies received by any department or agency of this state or any political subdivision of this state from any department or agency of the United States or another state as a result of participation in any investigation or prosecution, whether by final judgment, settlement or otherwise, shall be deposited in the anti‑racketeering revolving fund established by this section or, if the recipient is a political subdivision of this state, may be deposited in the county anti‑racketeering revolving fund established by pursuant to section 13‑2314.03.
D. Any monies obtained as a result of a forfeiture by any department or agency of this state under this title or under federal law shall be deposited in the anti‑racketeering revolving fund established by this section. Any monies or other property obtained as a result of a forfeiture by any political subdivision of this state or the federal government may be deposited in the anti‑racketeering revolving fund established by this section. Five percent of the monies deposited in the anti‑racketeering revolving fund pursuant to this section or section 13‑4315 shall be transferred to the state treasurer for deposit in the peace officers' training fund established by section 41‑1825 and the remaining monies shall accrue interest and shall be held for the benefit of the agency or agencies responsible for the seizure or forfeiture to the extent of their contribution. Except as provided in subsections F and G of this section, the monies and interest shall be distributed within thirty days of application to the agency or agencies responsible for the seizure or forfeiture. Monies in the anti‑racketeering revolving fund used by the attorney general for capital projects in excess of one million dollars are subject to review by the joint committee on capital review.
E. Monies in the anti‑racketeering revolving fund may be used for the following:
1. The funding of gang prevention programs, substance abuse prevention programs, substance abuse education programs, programs that provide assistance to victims of a criminal offense that is listed in section 13‑2301 and witness protection pursuant to section 41‑196 or for any purpose permitted by federal law relating to the disposition of any property that is transferred to a law enforcement agency.
2. The investigation and prosecution of any offense included in the definition of racketeering in section 13‑2301, subsection D, paragraph 4 or section 13‑2312, including civil enforcement.
3. The payment of the relocation expenses of any law enforcement officer and the officer's immediate family if the law enforcement officer is the victim of a bona fide threat that occurred because of the law enforcement officer's duties.
F. On or before January 15, April 15, July 15 and October 15 of each year, each department or agency of this state receiving monies pursuant to this section or section 13‑2314.03 or 13‑4315 or from any department or agency of the United States or another state as a result of participation in any investigation or prosecution shall file with the attorney general, the board of supervisors if the sheriff received the monies and the city or town council if the city city's or town's department received the monies a report for the previous calendar quarter. The report shall be in a form that is prescribed by the Arizona criminal justice commission and approved by the director of the joint legislative budget committee. The report shall set forth the sources of all monies and all expenditures. The report shall not include any identifying information about specific investigations. If a department or agency of this state fails to file a report within forty‑five days after the report is due and there is no good cause as determined by the Arizona criminal justice commission, the attorney general shall make no expenditures from the anti‑racketeering revolving fund for the benefit of the department or agency until the report is filed. The attorney general is responsible for collecting all reports from departments and agencies of this state and transmitting the reports to the Arizona criminal justice commission at the time that the report required pursuant to subsection G of this section is submitted.
G. On or before January 25, April 25, July 25 and October 25 of each year, the attorney general shall file with the Arizona criminal justice commission a report for the previous calendar quarter. The report shall be in a form that is prescribed by the Arizona criminal justice commission and approved by the director of the joint legislative budget committee. The report shall set forth the sources of all monies, and all expenditures and the amount of monies transferred to the peace officers' training fund. The report shall not include any identifying information about specific investigations. If the attorney general fails to file a report within sixty days after the report is due and there is no good cause as determined by the Arizona criminal justice commission, the attorney general shall make no expenditures from the anti‑racketeering revolving fund for the benefit of the attorney general until the report is filed. If a political subdivision of this state fails to file a report with the county attorney pursuant to section 13‑2314.03 within forty‑five days after the report is due and there is no good cause as determined by the Arizona criminal justice commission, the attorney general shall make no expenditures from the anti‑racketeering revolving fund for the benefit of the political subdivision until the report is filed.
H. On or before September 30 of each year, the Arizona criminal justice commission shall compile the attorney general report and the reports of all departments and agencies of this state into a single comprehensive report and shall submit a copy of the report to the governor, the director of the department of administration, the president of the senate, the speaker of the house of representatives, the director of the joint legislative budget committee and the secretary of state.
Sec. 2. Section 13-2314.03, Arizona Revised Statutes, is amended to read:
13-2314.03. County anti-racketeering revolving fund; use of fund; reports
A. The board of supervisors of a county shall establish a county anti‑racketeering revolving fund administered by the county attorney under the conditions and for the purposes provided by this section.
B. Any prosecution and investigation costs, including attorney fees, recovered for the county as a result of enforcement of civil and criminal statutes pertaining to any offense included in the definition of racketeering in section 13‑2301, subsection D, paragraph 4 or section 13‑2312, whether by final judgment, settlement or otherwise, shall be deposited in the county anti‑racketeering revolving fund established by the board of supervisors.
C. Any monies received by any department or agency of this state or any political subdivision of this state from any department or agency of the United States or another state as a result of participation in any investigation or prosecution, whether by final judgment, settlement or otherwise, shall be deposited in the county anti‑racketeering revolving fund established by pursuant to this section or in the anti‑racketeering revolving fund established by section 13‑2314.01.
D. Any monies obtained as a result of a forfeiture by the county attorney under this title or under federal law shall be deposited in the county anti‑racketeering revolving fund established by pursuant to this section. Any monies or other property obtained as a result of a forfeiture by any political subdivision of this state or the federal government may be deposited in the county anti‑racketeering revolving fund established by pursuant to this section or in the anti‑racketeering revolving fund established by section 13‑2314.01. Five percent of the monies deposited in the county anti‑racketeering revolving fund pursuant to this section or section 13‑4315 shall be transferred to the state treasurer for deposit in the peace officers' training fund established by section 41‑1825 and the remaining monies shall accrue interest and shall be held for the benefit of the agency or agencies responsible for the seizure or forfeiture to the extent of their contribution. Except as provided in subsections F and G of this section, the monies and interest shall be distributed to the agency or agencies responsible for the seizure or forfeiture within thirty days of application.
E. Monies in the county anti‑racketeering revolving fund may be used for the funding of gang prevention programs, substance abuse prevention programs, substance abuse education programs, programs that provide assistance to victims of a criminal offense that is listed in section 13‑2301 and witness protection pursuant to section 11‑536 or for any purpose permitted by federal law relating to the disposition of any property that is transferred to a law enforcement agency. Monies in the county anti‑racketeering revolving fund may be used for the investigation and prosecution of any offense included in the definition of racketeering in section 13‑2301, subsection D, paragraph 4 or section 13‑2312, including civil enforcement.
F. On or before January 25, April 25, July 25 and October 25 of each year, the county attorney shall cause to be filed file with the Arizona criminal justice commission a report for the previous calendar quarter. The report shall be in a form that is prescribed by the Arizona criminal justice commission and approved by the director of the joint legislative budget committee. The report shall set forth the sources of all monies, and all expenditures and the amount of monies transferred to the peace officers' training fund. The report shall not include any identifying information about specific investigations. If the county attorney fails to file a report within sixty days after it is due and there is no good cause as determined by the Arizona criminal justice commission, the county attorney shall make no expenditures from the county anti‑racketeering revolving fund for the benefit of the county attorney until the report is filed.
G. On or before January 15, April 15, July 15 and October 15 of each year, each political subdivision of this state receiving monies pursuant to this section or section 13‑2314.01 or 13‑4315 or from any department or agency of the United States or another state as a result of participating in any investigation or prosecution shall cause to be filed file with the board of supervisors of the county in which the political subdivision is located, each city or town council in which the political subdivision is located and the county attorney of the county in which the political subdivision is located a report for the previous calendar quarter. The report shall be in a form that is prescribed by the Arizona criminal justice commission and approved by the director of the joint legislative budget committee. The report shall set forth the sources of all monies and all expenditures. The report shall not include any identifying information about specific investigations. If a political subdivision of this state fails to file a report within forty‑five days after the report is due and there is no good cause as determined by the Arizona criminal justice commission, the county attorney shall make no expenditures from the county anti‑racketeering revolving fund for the benefit of the political subdivision until the report is filed. The county attorney shall be responsible for collecting all reports from political subdivisions within that county and transmitting the reports to the Arizona criminal justice commission at the time that the county report required pursuant to subsection F of this section is submitted.
H. On or before September 30 of each year, the Arizona criminal justice commission shall compile all county attorney reports into a single comprehensive report and all political subdivision reports into a single comprehensive report and submit a copy of each comprehensive report to the governor, the president of the senate, the speaker of the house of representatives, the director of the joint legislative budget committee and the secretary of state.
