Bill Text: AZ HB2313 | 2018 | Fifty-third Legislature 2nd Regular | Introduced
Bill Title: Sentencing; monetary obligations; fine mitigation
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2018-04-17 - Chapter 237 [HB2313 Detail]
Download: Arizona-2018-HB2313-Introduced.html
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REFERENCE TITLE: sentencing; monetary obligations; fine mitigation |
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State of Arizona House of Representatives Fifty-third Legislature Second Regular Session 2018
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HB 2313 |
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Introduced by Representatives Farnsworth E: Boyer
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AN ACT
amending sections 12‑114.01, 12‑116.01 and 12‑116.02, Arizona Revised Statutes; amending title 12, chapter 1, article 1, Arizona Revised Statutes, by adding section 12-116.08; amending sections 13‑805, 13‑810, 13‑812 and 13‑824, Arizona Revised Statutes; amending title 13, chapter 8, Arizona Revised Statutes, by adding section 13‑825; amending title 13, chapter 9, Arizona Revised Statutes, by adding section 13‑915; amending section 13‑924, Arizona Revised Statutes; amending title 31, chapter 3, article 1, Arizona Revised Statutes, by adding section 31‑404; amending sections 41-191.08, 41‑1730 and 41-2401, Arizona Revised Statutes; amending section 41-2407, Arizona Revised Statutes, as amended by Laws 2017, chapter 125, section 1 and chapter 229, section 18; repealing section 41-2407, Arizona Revised Statutes, as amended by Laws 2017, chapter 303, section 12; relating to sentencing.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 12-114.01, Arizona Revised Statutes, is amended to read:
12-114.01. Probation assessment; deposit
A. Except as provided in section 12‑269, in addition to any other penalty, fine, fee, surcharge or assessment authorized by law, a person shall pay an assessment of twenty dollars on conviction for a criminal offense or a finding of responsibility for a civil traffic violation, for a violation of any local ordinance relating to the stopping, standing or operation of a vehicle, except parking violations, or for a violation of the game and fish statutes in title 17.
B. The monies collected pursuant to this section shall be deposited, pursuant to sections 35‑146 and 35‑147, in the judicial collection enhancement fund established by section 12‑113 to be used to supplement monies currently used for the salaries of adult and juvenile probation and surveillance officers and for support of programs and services of the superior court adult and juvenile probation departments.
C. The court may waive mitigate all or part of the assessment in the same manner and subject to the same limitations provided for included in the waiver of surcharges mitigation of a fine in section 12‑116.01, subsection F and section 12‑116.02, subsection D 13‑825, subsection B.
Sec. 2. Section 12-116.01, Arizona Revised Statutes, is amended to read:
12-116.01. Surcharges; remittance reports; fund deposits
A. In addition to any penalty provided by law, a surcharge shall be levied in an amount of forty‑seven forty-two percent on every fine, penalty and forfeiture imposed and collected by the courts for criminal offenses and any civil penalty imposed and collected for a civil traffic violation and fine, penalty or forfeiture for a violation of the motor vehicle statutes, for any local ordinance relating to the stopping, standing or operation of a vehicle or for a violation of the game and fish statutes in title 17.
B. In addition to any penalty provided by law, a surcharge shall be levied in an amount of seven percent on every fine, penalty and forfeiture imposed and collected by the courts for criminal offenses and any civil penalty imposed and collected for a civil traffic violation and fine, penalty or forfeiture for a violation of the motor vehicle statutes, for any local ordinance relating to the stopping, standing or operation of a vehicle or for a violation of the game and fish statutes in title 17.
C. In addition to any penalty provided by law, a surcharge shall be levied through December 31, 2011 in an amount of seven percent, and beginning January 1, 2012 in an amount of six percent, on every fine, penalty and forfeiture imposed and collected by the courts for criminal offenses and any civil penalty imposed and collected for a civil traffic violation and fine, penalty or forfeiture for a violation of the motor vehicle statutes, for any local ordinance relating to the stopping, standing or operation of a vehicle or for a violation of the game and fish statutes in title 17.
D. If any deposit of bail or bond or deposit for an alleged civil traffic violation is to be made for a violation, the court shall require a sufficient amount to include the surcharge prescribed in this section for forfeited bail, bond or deposit. If bail, bond or deposit is forfeited, the court shall transmit the amount of the surcharge pursuant to subsection H G of this section. If bail, bond or deposit is returned, the surcharge made pursuant to this article shall also be returned.
E. After addition of the surcharge, the courts may round the total amount due to the nearest one‑quarter dollar.
F. The judge may waive all or part of the civil penalty, fine, forfeiture and surcharge, except for mandatory civil penalties and fines, the payment of which would work a hardship on the persons convicted or adjudicated or on their immediate families. If a fine or civil penalty is mandatory, the judge may waive only all or part of the surcharges prescribed by subsections A, B and C of this section and section 12‑116.02. If a fine or civil penalty is not mandatory and if a portion of the civil penalty, fine, forfeiture and surcharge is waived or suspended, the amount assessed must be divided according to the proportion that the civil penalty, fine, bail or bond and the surcharge represent of the total amount due.
G. F. The surcharge imposed by this section shall be applied to the base fine, civil penalty or forfeiture and not to any other surcharge imposed.
H. G. After a determination by the court of the amount due, the court shall transmit, on the last day of each month, the surcharges collected pursuant to subsections A, B, C and D of this section and a remittance report of the fines, civil penalties, assessments and surcharges collected pursuant to subsections A, B, C and D of this section to the county treasurer, except that municipal courts shall transmit the surcharges and the remittance report of the fines, civil penalties, assessments and surcharges to the city treasurer.
I. H. The appropriate authorities specified in subsection H G of this section shall transmit the forty‑seven percent surcharge prescribed in subsection A of this section and the remittance report as required in subsection H G of this section to the state treasurer on or before the fifteenth day of each month for deposit in the criminal justice enhancement fund established by section 41‑2401.
J. I. The appropriate authorities specified in subsection H G of this section shall transmit the seven percent surcharge prescribed in subsection B of this section and the remittance report as required in subsection H G of this section to the state treasurer on or before the fifteenth day of each month for allocation pursuant to section 41‑2421, subsection J.
K. J. The appropriate authorities specified in subsection H G of this section shall transmit the surcharge prescribed in subsection C of this section and the remittance report as required in subsection H G of this section to the state treasurer on or before the fifteenth day of each month for deposit in the department of public safety forensics fund established by section 41‑1730.
L. K. Partial payments of the amount due shall be transmitted as prescribed in subsections G, H, I, and J and K of this section and shall be divided according to the proportion that the civil penalty, fine, bail or bond and the surcharge represent of the total amount due.
Sec. 3. Section 12-116.02, Arizona Revised Statutes, is amended to read:
12-116.02. Additional surcharges; fund deposits
A. In addition to any penalty provided by law, there shall be levied a surcharge shall be levied in an amount of thirteen per cent percent on every fine, penalty and forfeiture imposed and collected by the courts for criminal offenses and civil penalties imposed and collected for a civil traffic violation and fine, penalty or forfeiture for a violation of the motor vehicle statutes, for a violation of any local ordinance relating to the stopping, standing or operation of a vehicle or for a violation of the game and fish statutes in title 17.
B. If any deposit of bail or bond or deposit for an alleged civil traffic violation is to be made for a violation, the court shall require a sufficient amount to include the surcharge prescribed in this section for forfeited bail, bond or deposit. If bail, bond or deposit is forfeited, the court shall transmit the amount of such the surcharge shall be transmitted by the court pursuant to subsection F E of this section. If bail, bond or deposit is returned, the surcharge made pursuant to this article shall also be returned.
C. After addition of the surcharge, the courts may round the total amount due to the nearest one‑quarter dollar.
D. The judge may waive all or part of the civil penalty, fine, forfeiture and surcharge, except for civil penalties and fines that are mandatory, the payment of which would work a hardship on the persons convicted or adjudicated or on their immediate families. If a fine or civil penalty is mandatory, the judge may waive only all or part of the surcharge prescribed by subsection A of this section and section 12‑116.01. If a fine or civil penalty is not mandatory and if a portion of the civil penalty, fine, forfeiture and surcharge is waived or suspended, the amount assessed must be divided according to the proportion that the civil penalty, fine, bail or bond and the surcharge represent of the total amount due.
E. D. The surcharge imposed by this section shall be applied to the base fine, civil penalty or forfeiture and not to any other surcharge imposed.
F. E. After a determination by the court of the amount due, the court shall transmit, on the last day of each month, the surcharges collected pursuant to subsections A and B of this section and a remittance report of the fines, civil penalties, assessments and surcharges collected pursuant to subsections A and B of this section to the county treasurer, except that municipal courts shall transmit the surcharges and the remittance report of the fines, civil penalties, assessments and surcharges to the city treasurer.
G. F. The appropriate authorities prescribed in subsection E of this section shall transmit the thirteen per cent percent surcharge as required in subsection A of this section shall be transmitted by the appropriate authorities prescribed in subsection F of this section to the state treasurer on or before the fifteenth day of each month for deposit in the medical services enhancement fund established by section 36‑2219.01.
H. G. Partial payments of the amount due shall be transmitted as required in subsections E and F and G of this section and shall be divided according to the proportion that the civil penalty, fine, bail or bond and the surcharge represent of the total amount due.
Sec. 4. Title 12, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 12-116.08, to read:
12-116.08. Penalty assessment; victims' rights; fund deposits
A. In addition to any other penalty assessment provided by law, a penalty assessment shall be levied in an amount of nine dollars on every fine, penalty and forfeiture imposed and collected by the courts for criminal offenses and any civil penalty imposed and collected for a civil traffic violation and fine, penalty or forfeiture for a violation of the motor vehicle statutes, for any local ordinance relating to the stopping, standing or operation of a vehicle or for a violation of the game and fish statutes in title 17.
B. The court shall transmit the assessments collected pursuant to this section and a remittance report of the fines, civil penalties and assessments collected to the county treasurer, except that municipal courts shall transmit the assessments and the remittance report of the fines, civil penalties and assessments to the city or town treasurer.
C. The city, town or county treasurer shall transmit the assessments and the remittance report to the state treasurer. The state treasurer shall deposit 62.4 percent of the assessments in the victims' rights fund established by section 41‑191.08 and the remaining 37.6 percent of the assessments in the victim compensation and assistance fund established by section 41‑2407.
Sec. 5. Section 13-805, Arizona Revised Statutes, is amended to read:
13-805. Jurisdiction
A. The trial court shall retain jurisdiction of the case as follows:
1. Subject to paragraph 2 of this subsection, for purposes of ordering, modifying and enforcing the manner in which court‑ordered payments are made until paid in full or until the defendant's sentence expires.
2. For all restitution orders in favor of a victim, including liens and criminal restitution orders, for purposes of ordering, modifying and enforcing the manner in which payments are made until paid in full.
B. At the time the defendant is ordered to pay restitution by the court, the court may enter a criminal restitution order in favor of each person who is entitled to restitution for the unpaid balance of any restitution order. A criminal restitution order does not affect any other monetary obligation imposed on the defendant pursuant to law.
C. At the time the defendant completes the defendant's period of probation or the defendant's sentence or the defendant absconds from probation or the defendant's sentence, the court shall enter both:
1. A criminal restitution order in favor of the state for the unpaid balance, if any, of any fines, costs, incarceration costs, fees, surcharges or assessments imposed.
2. A criminal restitution order in favor of each person entitled to restitution for the unpaid balance of any restitution ordered, if a criminal restitution order is not issued pursuant to subsection B of this section.
D. The clerk of the court shall notify each person who is entitled to restitution of the criminal restitution order.
E. A criminal restitution order may be recorded and is enforceable as any civil judgment, except that a criminal restitution order does not require renewal pursuant to section 12‑1611 or 12‑1612. Enforcement of a criminal restitution order by any person or by the state on behalf of any person who is entitled to restitution or by the state includes the collection of interest that accrues at a rate of ten percent per annum a year. Enforcement of a criminal restitution order by the state includes the collection of interest that accrues at a rate of four percent a year. A criminal restitution order does not expire until paid in full. A filing fee, a recording fee or any other charge is not required for recording a criminal restitution order.
F. All monies paid pursuant to a criminal restitution order entered by the court shall be paid to the clerk of the court.
G. Monies received as a result of a criminal restitution order entered pursuant to this section shall be distributed in the following order of priority:
1. Restitution ordered that is reduced to a criminal restitution order.
2. Associated interest.
H. The interest accrued pursuant to subsection E of this section does not apply to fees imposed for collection of the court ordered payments.
I. A criminal restitution order is a criminal penalty for the purposes of a federal bankruptcy involving the defendant.
Sec. 6. Section 13-810, Arizona Revised Statutes, is amended to read:
13-810. Consequences of nonpayment of fines, surcharges, fees, assessments, restitution or incarceration costs
A. In addition to any other remedy provided by law, including a writ of execution or other civil enforcement, if a defendant who is sentenced to pay a fine, a surcharge, a fee, an assessment or incarceration costs defaults in the payment of the fine, surcharge, fee, assessment or incarceration costs or of any installment as ordered, the court, on motion of the prosecuting attorney or on its own motion, shall require the defendant to show cause why the defendant's default should not be treated as contempt and may issue a summons or a warrant of arrest for the defendant's appearance.
B. In addition to any other remedy provided by law, including a writ of execution or other civil enforcement, if a defendant who is ordered to pay restitution defaults in the payment of the restitution or of any installment as ordered, the court, on motion of the prosecuting attorney, on petition of any person entitled to restitution pursuant to a court order or on its own motion, shall require the defendant to show cause why the defendant's default should not be treated as contempt and may issue a summons or a warrant of arrest for the defendant's appearance.
C. In addition to any other remedy provided by law, including a writ of execution or other civil enforcement, the court, on receipt of a petition and issuance of an order to show cause, has jurisdiction to preserve rights over all restitution liens entered pursuant to section 13‑806, subsection B, and perfected pursuant to section 13‑806, subsection E.
D. At any hearing on the order to show cause the court, the prosecuting attorney or a person entitled to restitution may examine the defendant under oath concerning the defendant's financial condition, employment and assets or on any other matter relating to the defendant's ability to pay restitution.
E. If the court finds that the defendant has wilfully failed to pay a fine, a surcharge, a fee, an assessment, restitution or incarceration costs or finds that the defendant has intentionally refused to make a good faith effort to obtain the monies required for the payment, the court shall find that the default constitutes contempt and may do one any of the following:
1. Order the defendant incarcerated in the county jail until the fine, surcharge, fee, assessment, restitution or incarceration costs, or a specified part of the fine, surcharge, fee, assessment, restitution or incarceration costs, is paid.
2. Revoke the defendant's Refer the defendant for revocation of probation, parole or community supervision and sentence the defendant to prison pursuant to as authorized by law.
3. Enter an order pursuant to section 13‑812. The levy or execution for the collection of a fine, a surcharge, a fee, an assessment, restitution or incarceration costs does not discharge a defendant who is incarcerated for nonpayment of the fine, surcharge, fee, assessment, restitution or incarceration costs until the amount of the fine, surcharge, fee, assessment, restitution or incarceration costs is collected.
4. Order the defendant to perform community restitution.
F. If the court finds that the default is not wilful and that the defendant cannot pay despite sufficient good faith efforts to obtain the monies, the court may take any lawful action including:
1. Modify the manner in which the restitution, fine, surcharge, fee, assessment or incarceration costs are to be paid.
2. Enter any reasonable order that would assure compliance with the order to pay.
3. Enter an order pursuant to section 13‑812. The levy or execution for the collection of a fine, a surcharge, a fee, an assessment, restitution or incarceration costs does not discharge a defendant incarcerated for nonpayment of the fine, surcharge, fee, assessment, restitution or incarceration costs until the amount of the fine, surcharge, fee, assessment, restitution or incarceration costs is collected.
G. If a fine, a surcharge, a fee, an assessment, restitution or incarceration costs are imposed on an enterprise it is the duty of the person or persons authorized to make disbursement from the assets of the enterprise to pay them from those assets, and their failure to do so shall be held a contempt unless they make the showing required in subsection A or B of this section.
H. If a defendant is sentenced to pay a fine, a surcharge, a fee, an assessment, restitution or incarceration costs, the clerk of the sentencing court, on request, shall make the defendant's payment history available to the prosecutor, victim, victim's attorney, probation department and court without cost.
Sec. 7. Section 13-812, Arizona Revised Statutes, is amended to read:
13-812. Garnishment for nonpayment of fines, surcharges, fees, assessments, restitution or incarceration costs
A. After a hearing on an order to show cause pursuant to section 13‑810, subsection A or B or after a hearing on a petition to revoke probation pursuant to section 13‑804, subsection E or the rules of criminal procedure, the court may issue a writ of criminal garnishment for any fine, surcharge, fee, assessment, restitution or incarceration costs.
B. The court may order garnishment for monies that are owed to a victim or the court, the clerk of the court or the prosecuting attorney pursuant to a court order to pay any fine, surcharge, fee, assessment, restitution or incarceration costs. A writ of criminal garnishment applies to any of the following:
1. The defendant's earnings as defined in section 12‑1598.
2. Indebtedness that is owed to a defendant by a garnishee for amounts that are not earnings.
3. Monies that are held by a garnishee on behalf of a defendant.
4. The defendant's personal property that is in the possession of a garnishee.
5. If the garnishee is a corporation, shares or securities of a corporation or a proprietary interest in a corporation that belongs to a defendant.
6. The defendant's earnings or monies that are held by the state department of corrections while the defendant is in the custody of the department.
Sec. 8. Section 13-824, Arizona Revised Statutes, is amended to read:
13-824. Community restitution in lieu of monetary obligation; definition
A. Notwithstanding any other law, in a municipal or justice court, if a monetary obligation is imposed on a defendant is sentenced to pay a fine, a fee, assessment or incarceration costs at sentencing and the court finds the defendant is unable to pay all or part of the fine, fee, assessment or incarceration costs monetary obligation, the court may order the defendant to perform community restitution in lieu of the payment for all or part of the fine, fee, assessment or incarceration costs monetary obligation. The amount of community restitution shall be equivalent to the amount of the fine, fee or incarceration costs monetary obligation by crediting any service performed at a rate of ten dollars per hour.
B. This section does not apply to the surcharge imposed and collected pursuant to section 16‑954, subsection A.
C. For the purposes of this section, "monetary obligation" means a fine, a civil penalty, a surcharge, an assessment, a fee or incarceration costs.
Sec. 9. Title 13, chapter 8, Arizona Revised Statutes, is amended by adding section 13-825, to read:
13-825. Mitigation of fines; community restitution waiver or mitigation
A. A judge may mitigate a fine if the defendant who is ordered to pay the fine demonstrates that the payment would work a hardship on the defendant or on the defendant's immediate family.
B. In determining whether to mitigate a fine, the court may consider any relevant evidence, including:
1. The impact of the fine on the ability of the defendant to pay the restitution.
2. The extent of the financial hardship on the defendant or on the defendant's immediate family.
3. Whether the defendant is receiving benefits pursuant to any of the following:
(a) the temporary assistance for needy families program established by section 403 of title IV of the social security act.
(b) The supplemental nutrition assistance program (7 United States Code sections 2011 through 2036c).
(c) The supplemental security income program (42 United States Code sections 1381 through 1383f).
4. Whether the defendant is seeking, obtaining or maintaining employment if legally permitted to do so or is attending school.
C. A judge may waive or mitigate mandatory community restitution due to a defendant's medical condition. This subsection does not apply to community restitution that is ordered pursuant to section 13-824.
Sec. 10. Title 13, chapter 9, Arizona Revised Statutes, is amended by adding section 13-915, to read:
13-915. Wilful failure to pay; revocation of probation
If the court finds that a defendant has wilfully failed to pay a fine, a surcharge, a fee, an assessment, restitution or incarceration costs or finds that a defendant has intentionally refused to make a good faith effort to obtain the monies required for the payment, the court may revoke the defendant's probation and sentence the defendant to prison pursuant to law.
Sec. 11. Section 13-924, Arizona Revised Statutes, is amended to read:
13-924. Probation; earned time credit; applicability
A. The court may adjust the period of a probationer's supervised probation on the recommendation of an adult probation officer for earned time credit.
B. Earned time credit equals twenty days for every thirty days that a probationer does all of the following:
1. Exhibits positive progression toward the goals and treatment of the probationer’s case plan.
2. Is current on payments for court ordered restitution and is in compliance with all other nonmonetary obligations.
3. Is current in completing community restitution.
C. Any earned time credit awarded pursuant to this section shall be revoked if a probationer is found in violation of a condition of probation.
D. This section does not apply to a probationer who is currently:
1. On lifetime probation.
2. On probation for any class 2 or 3 felony.
3. On probation exclusively for a misdemeanor offense.
4. Required to register pursuant to section 13‑3821.
E. This section has no effect on the ability of the court to terminate the period of probation or intensive probation pursuant to section 13‑901, subsection E at a time earlier than originally imposed.
Sec. 12. Title 31, chapter 3, article 1, Arizona Revised Statutes, is amended by adding section 31-404, to read:
31-404. Wilful failure to pay; revocation of parole or community supervision
If the board of executive clemency finds that a defendant has wilfully failed to pay a fine, a surcharge, a fee, an assessment, restitution or incarceration costs or finds that a defendant has intentionally refused to make a good faith effort to obtain the monies required for the payment, the board may revoke the defendant's parole or community supervision and return the defendant to prison pursuant to law.
Sec. 13. Section 41-191.08, Arizona Revised Statutes, is amended to read:
41-191.08. Victims' rights fund; use; reporting requirements; exemption from lapsing
A. The victims' rights fund is established consisting of monies deposited pursuant to sections 8‑418 and 41‑2401, subsection D, paragraph 12 12‑116.08 and legislative appropriations. Monies in the fund are subject to legislative appropriation. Monies from state general fund appropriations shall be deposited in the victims' rights fund and are not subject to further appropriation. Monies from state general fund appropriations are available for use on deposit in the victims' rights fund. The attorney general shall administer the fund. The attorney general shall use fund monies for the purpose of operating, improving, maintaining and enhancing the victims' rights program established pursuant to section 41‑191.06.
B. Each fiscal year the attorney general may spend twelve percent of the total victims' rights fund appropriation and state general fund deposits for the purpose of performing duties mandated by title 13, chapter 40, including the costs of administering the victims' rights program under section 41‑191.06.
C. Except as provided in subsections D, G and H of this section, each fiscal year the attorney general shall disburse eighty‑eight percent of the total victims' rights fund appropriation and state general fund deposits to state and local entities that have previously qualified under this subsection or have demonstrated a history of need and performance according to criteria established by the attorney general. Each entity that qualifies to receive monies pursuant to this subsection shall receive monies in a percentage that is proportional to that entity's percentage of the total fund monies disbursed to all qualifying entities in the prior fiscal year. The attorney general is not a qualifying entity under this subsection.
D. Except as provided in subsections G and H of this section, each fiscal year the attorney general may disburse victims' rights fund monies to entities that do not qualify under subsection C of this section, that are financially impacted by title 8, chapter 3, article 7 or title 13, chapter 40 and that submit an implementation plan and funding request to the attorney general pursuant to guidelines adopted by the attorney general. The attorney general shall establish procedures to assess the financial impact on and the need of these entities. The attorney general shall disburse monies based on the information that is derived from the assessment. On an annual basis, as new or additional entities receive monies pursuant to this subsection, the attorney general shall proportionally adjust the percentage share disbursed to each entity pursuant to subsection C of this section.
E. Monies in the victims' rights fund shall be used to supplement, not supplant, monies that would otherwise be made available to state and local entities for funding victims' rights services and assistance.
F. Each entity that receives funding pursuant to this section shall submit an annual report to the attorney general that identifies all sources and amounts of monies that are spent for the purposes of implementing and complying with victims' rights. The report shall detail:
1. The expenditure of the monies that are awarded under the victims' rights program pursuant to section 41‑191.06.
2. The number of instances in which the entity performed mandated victims' rights duties or services.
3. The level of victim satisfaction with the services.
G. Each fiscal year the attorney general shall review and evaluate the entities that receive funding pursuant to this section. The attorney general may adjust funding levels, redistribute monies or deny continued funding to an entity that fails to effectively implement or comply with victims' rights mandates.
H. Supplemental fund monies appropriated to the attorney general to expand victims' rights training and to expand the reporting of victims' feedback on services provided shall be expended according to a plan and procedures adopted by the attorney general. The attorney general shall spend the monies appropriated for costs to develop, provide, sponsor or support programs that expand the delivery and improve the quality of mandated services to victims of crime by law enforcement, prosecutorial and correctional agencies and courts.
I. The attorney general shall submit an annual report to the governor, the president of the senate and the speaker of the house of representatives that details the status of the victims' rights program under section 41‑191.06, the attorney general's compliance with the program, including the level of service, and the expenditure of all monies that are appropriated for the purpose of victims' rights.
J. Monies in the victims' rights fund are exempt from the lapsing provisions of section 35‑190.
Sec. 14. Section 41-1730, Arizona Revised Statutes, is amended to read:
41-1730. Department of public safety forensics fund; purposes; distributions; annual adjustment
A. The department of public safety forensics fund is established. The department shall administer the fund. Monies in the fund are subject to legislative appropriation. The department of public safety forensics fund consists of the following:
1. Monies deposited pursuant to section 12‑116.01, subsection K J.
2. Monies deposited pursuant to section 41‑2401, subsection D, paragraphs 1 and 11.
3. Surcharge monies deposited pursuant to section 28‑3396.
4. Monies contributed to the fund from any other source.
B. Monies in the department of public safety forensics fund shall be used for the following purposes:
1. Purchasing and installing fingerprint identification equipment.
2. Operating, maintaining and administering the Arizona automated fingerprint identification system and the system's remote terminals.
3. Crime laboratory operations and enhanced services.
4. Educating and training forensic scientists who are regularly employed in a crime laboratory.
5. Purchasing and maintaining scientific equipment for crime laboratory use.
6. Implementing, operating and maintaining deoxyribonucleic acid testing and administering the Arizona deoxyribonucleic acid identification system.
C. On a quarterly basis, the department of public safety shall allocate and distribute the monies in the department of public safety forensics fund that are collected pursuant to section 12‑116.01 and deposited pursuant to section 41‑2401, subsection D, paragraph 11. The department may use fifty‑five percent of the monies for the purposes prescribed in subsection B of this section and shall distribute the remaining monies to political subdivisions that operate a crime laboratory as follows:
1. Twenty-two percent to the Phoenix police department.
2. Twelve percent to the Tucson police department.
3. Seven percent to the Mesa police department.
4. Four percent to the Scottsdale police department.
D. The distribution of monies pursuant to subsection C of this section may be adjusted annually, if appropriate, based on the crime laboratory services provided and the percentage of the state population served by each crime laboratory. The crime laboratory directors of the political subdivisions providing crime laboratory services in this state must agree on the distribution formula and allocation. The minimum allocation for a political subdivision that provides crime laboratory services is four percent.
E. For the purposes of subsections C and D of this section, "crime laboratory" means a laboratory that meets all of the following:
1. Is operated by a political subdivision.
2. Has at least one regularly employed forensic scientist who holds a minimum of a bachelor's degree in a physical or natural science.
3. Is registered as an analytical laboratory with the drug enforcement administration of the United States department of justice for the possession of all scheduled controlled substances.
Sec. 15. Section 41-2401, Arizona Revised Statutes, is amended to read:
41-2401. Criminal justice enhancement fund
A. The criminal justice enhancement fund is established consisting of monies collected pursuant to section 12‑116.01 and monies available from any other source. The state treasurer shall administer the fund.
B. On or before November 1 of each year, each department, agency or office that receives monies pursuant to this section shall provide to the Arizona criminal justice commission a report for the preceding fiscal year. The report shall be in a form prescribed by the Arizona criminal justice commission. The report shall set forth the sources of all monies and all expenditures. The report shall not include any identifying information about specific investigations.
C. On or before December 1 of each year, the Arizona criminal justice commission shall compile all reports into a single comprehensive report and shall submit a copy of the comprehensive report to the governor, the president of the senate, the speaker of the house of representatives and the director of the joint legislative budget committee.
D. On the first day of each month, the state treasurer shall distribute or deposit:
1. 16.744 19.09 percent in the department of public safety forensics fund established by section 41‑1730.
2. 1.61 1.84 percent to the department of juvenile corrections for the treatment and rehabilitation of youth who have committed drug‑related offenses.
3. 16.64 18.97 percent in the peace officers' training fund established by section 41‑1825.
4. 3.03 3.45 percent in the prosecuting attorneys' advisory council training fund established by section 41‑1830.03.
5. 9.35 10.66 percent to the supreme court for the purpose of reducing juvenile crime.
6. 7.276 8.29 percent to the department of public safety for allocation to state and local law enforcement authorities for the following purposes:
(a) To enhance projects that are designed to prevent residential and commercial burglaries, to control street crime, including the activities of criminal street gangs, and to locate missing children.
(b) To provide support to the Arizona automated fingerprint identification system.
(c) Operational costs of the criminal justice information system.
7. 9.35 10.66 percent to the department of law for allocation to county attorneys for the purpose of enhancing prosecutorial efforts.
8. 6.02 6.86 percent to the supreme court for the purpose of enhancing the ability of the courts to process criminal and delinquency cases, orders of protection, injunctions against harassment and any proceeding relating to domestic violence matters, for auditing and investigating persons or entities licensed or certified by the supreme court and for processing judicial discipline cases. Notwithstanding section 12‑143, subsection A, the salary of superior court judges pro tempore who are appointed for the purposes provided in this paragraph shall, and the salary of other superior court judges pro tempore who are appointed pursuant to section 12‑141 for the purposes provided in this paragraph may, be paid in full by the monies received pursuant to this paragraph.
9. 11.70 13.34 percent to the county sheriffs for the purpose of enhancing county jail facilities and operations, including county jails under the jurisdiction of county jail districts.
10. 1.57 1.79 percent to the Arizona criminal justice commission.
11. 2.30 2.62 percent in the department of public safety forensics fund established by section 41‑1730.
12. 7.68 percent in the victims' rights fund established by section 41‑191.08.
13. 4.60 percent in the victim compensation and assistance fund established by section 41‑2407.
14. 12. 2.13 2.43 percent to the supreme court for the purpose of providing drug treatment services to adult probationers through the community punishment program established in title 12, chapter 2, article 11.
E. Monies distributed pursuant to subsection D, paragraphs 3, 4, 7, 9, and 11, 12 and 13 of this section constitute a continuing appropriation. Monies distributed pursuant to subsection D, paragraphs 1, 2, 5, 8, 10 and 14 12 of this section are subject to legislative appropriation.
F. The portion of the monies for direct operating expenses of the department of public safety in subsection D, paragraph 6 of this section is subject to legislative appropriation. The remainder of the monies in subsection D, paragraph 6 of this section, including the portion for local law enforcement, is continuously appropriated.
G. The allocation of monies pursuant to subsection D, paragraphs 6, 7, 8 and 9 of this section shall be made in accordance with rules adopted by the Arizona criminal justice commission pursuant to section 41‑2405.
Sec. 16. Section 41-2407, Arizona Revised Statutes, as amended by Laws 2017, chapter 125, section 1 and chapter 229, section 18, is amended to read:
41-2407. Victim compensation and assistance fund; subrogation; prohibited debt collection activity; definition
A. The victim compensation and assistance fund is established. The Arizona criminal justice commission shall administer the fund. The victim compensation and assistance fund shall consist of monies collected pursuant to section 12‑116.01 and distributed pursuant to section 41‑2401, subsection D, paragraph 14, monies collected pursuant to section 31‑411, subsection E and sections 12‑116.08, 13‑4311, 31‑418, 31‑467.06 and 41‑1674, unclaimed victim restitution monies pursuant to sections 22‑116 and 44‑313 and monies available from any other source.
B. Subject to legislative appropriation, the Arizona criminal justice commission shall allocate monies in the victim compensation and assistance fund to public and private agencies for the purpose of establishing, maintaining and supporting programs that compensate and assist victims of crime.
C. The allocation of monies pursuant to this section shall be made in accordance with rules adopted by the Arizona criminal justice commission pursuant to section 41‑2405, subsection A, paragraph 8. The rules shall provide that persons who suffered personal injury or death that resulted from an attempt to aid a public safety officer in the prevention of a crime or the apprehension of a criminal may be eligible for compensation.
D. This state and the applicable operational unit or qualified program, as defined in the victim compensation program rules, are subrogated to the rights of an individual who receives monies from the victim compensation and assistance fund to recover or receive monies or benefits from a third party, to the extent of the amount of monies the individual receives from the fund.
E. A licensed health care provider who agrees to the victim compensation program rules may receive program monies for providing health and medical services to a victim or claimant. A licensed health care provider who accepts the full allowable payment for those services from a victim compensation program funded pursuant to this section is deemed to have accepted the payment as the full payment for those services. The licensed health care provider may not collect or attempt to collect any payment for the same health and medical services from the victim or claimant, except that if a victim compensation program funded pursuant to this section is unable to pay the full allowable payment to a licensed health care provider because of a lack of available monies or for any other reason, the licensed health care provider may collect the unpaid balance for the services from the victim or claimant or from a third‑party payor, and the total amount billed or requested by the licensed health care provider may not exceed the full allowable payment that the licensed health care provider agreed to accept from the victim compensation program for the services.
F. If a licensed health care provider receives notice that a person has filed a claim with a victim compensation program funded by this section, the licensed health care provider is prohibited from any debt collection activity for any monies owed by the person that are included in the filed claim until an award is made on the claim or until a determination is made that the claim is noncompensable. For the purposes of this subsection, "debt collection activity" includes repeatedly telephoning or writing to the claimant and threatening to either turn the matter over to a debt collection agency or to an attorney for collection, enforcement or filing of any other debt collection process. Debt collection activity does not include routine billing or inquiries about the status of the claim.
G. For the purposes of this section, "licensed health care provider" means a person or institution that is licensed or certified by this state to provide health care services, medical services, nursing services, emergency medical services and ambulance services that are regulated pursuant to title 36, chapter 21.1, article 2 or other health‑related services.
Sec. 17. Repeal
Section 41-2407, Arizona Revised Statutes, as amended by Laws 2017, chapter 303, section 12, is repealed.
Sec. 18. Effective date
This act is effective from and after December 31, 2018.
