Bill Text: AZ SB1425 | 2011 | Fiftieth Legislature 1st Regular | Introduced
Bill Title: Assessment; family offenses; domestic violence
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-02-10 - Referred to Senate APPROP Committee [SB1425 Detail]
Download: Arizona-2011-SB1425-Introduced.html
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REFERENCE TITLE: assessment; family offenses; domestic violence |
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State of Arizona Senate Fiftieth Legislature First Regular Session 2011
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SB 1425 |
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Introduced by Senator Nelson
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AN ACT
amending title 12, chapter 1, article 1, Arizona Revised Statutes, by adding section 12-116.04; amending section 41-2407, Arizona Revised Statutes; relating to court assessments.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 12, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 12-116.04, to read:
12-116.04. Assessment for family offenses, harassment and stalking
In addition to any other penalty, fine, fee, or assessment authorized by law, a person who is convicted of a violation of section 13-2921, 13‑2921.01 or 13-2923 or an offense listed in title 13, chapter 36 shall pay an additional assessment of fifty dollars to be deposited by the state treasurer in the victim compensation and assistance fund established by section 41‑2407. This assessment is not subject to any surcharge. If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer. The city or county treasurer shall transmit the monies received to the state treasurer.
Sec. 2. Section 41-2407, Arizona Revised Statutes, is amended to read:
41-2407. Victim compensation and assistance fund; subrogation
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 victim compensation monies collected pursuant to section 12‑116.01 and distributed pursuant to section 41‑2401, subsection D, paragraph 14, assessments collected pursuant to section 12-116.04, victim assistance monies collected pursuant to section 31‑411, subsection E, section 31‑418 and section 31‑467.06, unclaimed victim restitution monies pursuant to section 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. The commission shall allocate assessments that are collected pursuant to section 12‑116.04 to domestic violence shelters. Not more than fifty per cent of the remaining monies distributed statewide for victim assistance shall be allocated to the governmental agencies or public officers specified in section 41‑2404, subsection A and to the governmental agencies or public officers specified in section 41‑2404, subsection B.
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.
