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Senate Engrossed House Bill |
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State of Arizona House of Representatives Fiftieth Legislature First Regular Session 2011
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HOUSE BILL 2404 |
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AN ACT
amending sections 13‑805, 13‑4406 and 13‑4412, Arizona Revised Statutes; relating to victims' rights.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-805, Arizona Revised Statutes, is amended to read:
13-805. Jurisdiction
A. The trial court shall retain jurisdiction of the case for purposes of modifying the manner in which court‑ordered payments are made until paid in full or until the defendant's sentence expires. 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.
B. The clerk of the court shall notify each person who is entitled to restitution of the criminal restitution order.
C. A criminal restitution order may be recorded and enforced 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 who is entitled to restitution or by the state includes the collection of interest that accrues pursuant to section 44‑1201 in the same manner as any civil judgment. A criminal restitution order does not expire until paid in full.
D. A criminal restitution order is a criminal penalty for the purposes of a federal bankruptcy involving the defendant.
Sec. 2. Section 13-4406, Arizona Revised Statutes, is amended to read:
13-4406. Notice of initial appearance
On becoming aware of the date, time and place of the initial appearance of the accused, the law enforcement agency shall inform the victim of such that information unless the accused appeared in response to a summons or writ of habeas corpus. In that case, the prosecutor's office shall, on receiving such that information, provide the notice to the victim.
Sec. 3. Section 13-4412, Arizona Revised Statutes, is amended to read:
13-4412. Notice of release or escape
A. The sheriff or municipal jailer shall, on request, shall notify the victim and the prosecutor's office of the release of the accused.
B. The custodial agency shall immediately give notice to a victim and the prosecutor's office of an escape by, and again upon on the subsequent rearrest of, an incarcerated person who is accused or convicted of committing a criminal offense against the victim. The custodial agency shall give notice by any reasonable means.