REFERENCE TITLE: criminal justice; budget reconciliation; 2017-2018.

 

 

 

 

State of Arizona

House of Representatives

Fifty-third Legislature

First Regular Session

2017

 

 

HB 2540

 

Introduced by

Representative Mesnard

 

 

AN ACT

 

amending sections 12‑116.01, 12‑284.03, 22‑281, 28‑3396, 41‑191.08, 41‑1723 and 41‑1724, Arizona Revised Statutes; amending title 41, chapter 12, article 2, Arizona Revised Statutes, by adding section 41‑1730; amending section 41‑1758.06, Arizona Revised Statutes; repealing section 41‑1772, Arizona Revised Statutes; amending sections 41‑2401 and 41‑2407, Arizona Revised Statutes; repealing sections 41‑2414, 41‑2415 and 41‑2419, Arizona Revised Statutes; amending section 41‑3451, Arizona Revised Statutes; appropriating monies; relating to criminal justice budget reconciliation.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 12-116.01, Arizona Revised Statutes, is amended to read:

START_STATUTE12-116.01.  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 per cent 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 per cent 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 per cent percent, and beginning January 1, 2012 in an amount of six per cent 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 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.  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.  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.  The appropriate authorities specified in subsection H of this section shall transmit the forty‑seven per cent percent surcharge prescribed in subsection A of this section and the remittance report as required in subsection H 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.  The appropriate authorities specified in subsection H of this section shall transmit the seven per cent percent surcharge prescribed in subsection B of this section and the remittance report as required in subsection H 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.  The appropriate authorities specified in subsection H of this section shall transmit the surcharge prescribed in subsection C of this section and the remittance report as required in subsection H of this section to the state treasurer on or before the fifteenth day of each month for deposit in the Arizona deoxyribonucleic acid identification system department of public safety forensics fund established by section 41‑2419 41‑1730.

L.  Partial payments of the amount due shall be transmitted as prescribed in subsections H, I, 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. END_STATUTE

Sec. 2.  Section 12-284.03, Arizona Revised Statutes, is amended to read:

START_STATUTE12-284.03.  Distribution of fees

A.  Excluding the monies that are kept by the court pursuant to subsection B of this section, the county treasurer shall transmit, distribute or deposit all monies received from the clerk of the superior court pursuant to section 12‑284, subsection K as follows:

1.  1.31 1.28 percent to the state treasurer for deposit in the resource center fund established by and for the purposes of section 41‑2402, subsection G.

2.  8.87 8.70 percent to the state treasurer for deposit in the domestic violence services fund established by section 36‑3002.

3.  1.93 1.89 percent to the state treasurer for deposit in the child abuse prevention fund established by section 8‑550.01.

4.  In the county law library fund established by section 12‑305, either:

(a)  7.62 7.47 percent if the county treasurer is serving in a county with a population of more than five hundred thousand persons.

(b)  15.30 14.99 percent if the county treasurer is serving in a county with a population of five hundred thousand persons or less.

5.  0.35 0.34 percent to the state treasurer for deposit in the alternative dispute resolution fund established by section 12‑135.

6.  To the elected officials' retirement plan fund established by section 38‑802, either of the following percentages, which shall be distributed to the fund pursuant to section 38‑810:

(a)  23.79 23.31 percent if the county treasurer is serving in a county with a population of more than five hundred thousand persons.

(b)  15.30 14.99 percent if the county treasurer is serving in a county with a population of five hundred thousand persons or less.

7.  17.07 18.74 percent to the state treasurer for deposit in the judicial collection enhancement fund established by section 12‑113.

8.  0.26 0.25 percent to the state treasurer for deposit in the confidential intermediary and fiduciary fund established by section 8‑135.

9.  In the county general fund, the following percentages:

(a)  31.29 30.66 percent if the county treasurer is serving in a county with a population of more than five hundred thousand persons.

(b)  32.10 31.46 percent if the county treasurer is serving in a county with a population of five hundred thousand persons or less.

B.  7.51 7.36 percent of the monies transmitted, distributed or deposited pursuant to subsection A of this section shall be kept and used by the court collecting the fees in the same manner as the seven dollars of the time payment fee prescribed by section 12‑116, subsection B.

Sec. 3.  Section 22-281, Arizona Revised Statutes, is amended to read:

START_STATUTE22-281.  Fees and deposits

A.  Justices of the peace shall receive fees established and classified as follows in civil actions:

Class Description                                           Fee  

A           Initial case filing fee                           

            Civil filing fees                             $  65.00

B           Subsequent case filing fee                        

            Civil filing fees – defendant                 $  35.00

C           Initial case filing fee                           

            Forcible entry and detainer filings           $  30.00

            Small claims filing                              23.00

D           Subsequent case filing fee                        

            Small claims answer                           $  13.00

            Forcible entry and detainer

            filings – defendant                              16.00

E           Minimum clerk fee                                 

            Document and transcript transfer on appeal    $  24.00

            Certification of any documents                   24.00

            Issuance of writs                                24.00

            Filing any paper or performing any act for        

            which a fee is not specifically prescribed       24.00

            Subpoena (civil)                                 24.00

            Research in locating a document                  24.00

            Seal a court file                                24.00

            Reopen a sealed court file                       24.00

            Record duplication                               24.00

F           Per page fee                                      

            Copies of any documents per page               $  0.50

G           Special fees                                      

            Small claims service by mail                   $  8.00

B.  This section does not deprive the parties to the action of the privilege of depositing amounts with the justice, in addition to those set forth in this section, for use in connection with the payment of constable's and sheriff's fees for service of process, levying of writs and other services for which fees are otherwise provided by law.

C.  Excluding the monies that are kept by the court pursuant to subsection D of this section, justices of the peace shall transmit monthly to the county treasurer all monies collected pursuant to subsection A of this section.  The county treasurer shall distribute or deposit all of the monies received pursuant to this subsection as follows:

1.  To the state treasurer for deposit in the judicial collection enhancement fund established by section 12‑113, in the following percentages:

(a)  14.02 per cent 15.74 percent if the county treasurer is serving in a county with a population of more than five hundred thousand persons.

(b)  15.58 per cent 17.27 percent if the county treasurer is serving in a county with a population of five hundred thousand persons or less.

2.  To the state treasurer for deposit in the alternative dispute resolution fund established by section 12‑135, in the following percentages:

(a)  1.84 per cent 1.80 percent if the county treasurer is serving in a county with a population of more than five hundred thousand persons.

(b)  2.05 per cent 2.01 percent if the county treasurer is serving in a county with a population of five hundred thousand persons or less.

3.  To the elected officials' retirement plan fund established by section 38‑802, either of the following percentages, which shall be distributed to the fund pursuant to section 38‑810:

(a)  23.79 per cent 23.31 percent if the county treasurer is serving in a county with a population of more than five hundred thousand persons.

(b)  15.30 per cent 14.99 percent if the county treasurer is serving in a county with a population of five hundred thousand persons or less.

4.  To the county general fund, in the following percentages:

(a)  54.22 per cent 53.14 percent if the county treasurer is serving in a county with a population of more than five hundred thousand persons.

(b)  60.26 per cent 59.05 percent if the county treasurer is serving in a county with a population of five hundred thousand persons or less.

D.  In counties with a population of more than five hundred thousand persons, 6.13 per cent 6.01 percent of the monies transmitted pursuant to subsection C of this section shall be kept and used by the court collecting the fees in the same manner as the seven dollars of the time payment fee prescribed by section 12‑116, subsection B.

E.  In counties with a population of five hundred thousand persons or less, 6.81 per cent 6.68 percent of the monies transmitted pursuant to subsection C of this section shall be kept and used by the court collecting the fees in the same manner as the seven dollars of the time payment fee prescribed by section 12‑116, subsection B.

F.  The supreme court may increase the fees prescribed in subsection A of this section in an amount not to exceed the per cent of change in the average consumer price index as published by the United States department of labor, bureau of labor statistics between that figure for the latest calendar year and the calendar year in which the last fee increase occurred.

Sec. 4.  Section 28-3396, Arizona Revised Statutes, is amended to read:

START_STATUTE28-3396.  Court diversion fee

A.  The presiding judge of each court shall:

1.  Set the amount of the court diversion fee that an individual who attends a defensive driving school may be assessed.

2.  Charge an individual a forty‑five dollar surcharge if the individual attends a defensive driving school.

3.  Immediately inform the supreme court in writing of the amount of the court diversion fee that is established for the court and the total cost to attend a defensive driving school.

4.  Immediately inform the supreme court in writing of any changes in the total cost to attend a defensive driving school.

B.  Payment of the court diversion fee and surcharge is in lieu of payment of a civil penalty or criminal fine and any surcharge that are imposed for a traffic violation.

C.  The driving school shall collect the court diversion fee and surcharge before or at the time an individual attends the school.  On receipt of the diversion fee, the defensive driving school shall transmit the fee promptly to the appropriate court pursuant to procedures prescribed by the supreme court.  On receipt of the surcharge, the defensive driving school shall transmit the surcharge promptly to the state treasurer for deposit, pursuant to sections 35‑146 and 35‑147, as follows:

1.  The first ten million four hundred thousand dollars in revenue annually in the crime laboratory operations department of public safety forensics fund established by section 41‑1772 41‑1730.

2.  All remaining money in the state general fund.

Sec. 5.  Section 41-191.08, Arizona Revised Statutes, is amended to read:

START_STATUTE41-191.08.  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 13 12 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 per cent 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 per cent 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. 6.  Section 41-1723, Arizona Revised Statutes, is amended to read:

START_STATUTE

41-1723.  Public safety equipment fund; distribution

A.  The public safety equipment fund is established consisting of monies deposited in the fund pursuant to sections 12‑116.04, 28‑1381, 28‑1382, 28‑1383, 28‑8284, 28‑8286, 28‑8287 and 28‑8288.  The department shall administer the fund.

B.  Monies The first one million two hundred thousand dollars deposited in the public safety equipment fund each fiscal year pursuant to sections 28‑1381, 28‑1382, 28‑1383, 28‑8284, 28‑8286, 28‑8287 and 28‑8288 shall be distributed as follows:

1.  The first one million two hundred thousand dollars received each fiscal year as a continuing appropriation is continuously appropriated to the department for vehicles, protective armor, electronic stun devices and other safety equipment.  Monies appropriated pursuant to this paragraph subsection are exempt from the provisions of section 35‑190 relating to lapsing of appropriations.

2.  All other monies each fiscal year shall be deposited in the state general fund.

C.  Monies deposited in the public safety equipment fund pursuant to section 12‑116.04 are subject to legislative appropriation and shall be used by the department for vehicles, protective armor, electronic stun devices and other safety equipment.

D.  Notwithstanding subsection A of this section and sections 28‑1381, 28‑1382, 28‑1383, 28‑8284, 28‑8286, 28‑8287 and 28‑8288, in each fiscal year, after the first one million two hundred thousand dollars is deposited in the public safety equipment fund pursuant to sections 28‑1381, 28‑1382, 28‑1383, 28‑8284, 28‑8286, 28‑8287 and 28‑8288, the state treasurer shall deposit the remaining monies received pursuant to sections 28‑1381, 28‑1382, 28‑1383, 28‑8284, 28‑8286, 28‑8287 and 28‑8288 in the state general fund. END_STATUTE

Sec. 7.  Section 41-1724, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1724.  Gang and immigration intelligence team enforcement mission fund; subaccount; use of monies; reporting requirement

A.  The gang and immigration intelligence team enforcement mission fund is established consisting of monies deposited pursuant to section 11‑1051 and monies appropriated by the legislature.  The department shall administer the fund.  Any monies distributed from the fund to a county sheriff shall go directly to the county sheriff and are not subject to any form of approval by the board of supervisors.  Monies in the fund are subject to legislative appropriation.

B.  Monies in the fund shall be used for employer sanctions enforcement, enforcing human smuggling and drug smuggling laws, gang and strict immigration enforcement, county jail reimbursement costs relating to illegal immigration and any other use previously authorized in an allocation made by law for the gang and immigration intelligence team enforcement mission.

C.  Each year that monies are available in the fund and as soon as is practicable after July 1 of each year, the first one million six hundred thousand dollars shall be allocated to a county sheriff of a county with a population of more than three million persons, then five hundred thousand dollars shall be allocated to a county sheriff of a county with a population of less than five hundred thousand persons but more than three hundred thousand persons and any remaining monies shall be used for agreements or contracts in accordance with subsection D of this section, except that no monies may be used for agreements or contracts with a county sheriff of a county with a population of more than three million persons.

D.  If the department uses monies from the fund for an agreement or contract with a city, town, county or other entity to provide services for the gang and immigration intelligence team enforcement mission, the city, town, county or other entity shall provide not less than twenty‑five per cent percent of the cost of the services and the department shall provide not more than seventy‑five per cent percent of personal services and employee related expenditures for each agreement or contract but may fund all capital related equipment.  This subsection does not apply to a county with a population of more than three million persons or a county with a population of less than five hundred thousand persons but more than three hundred thousand persons.

E.  The gang and immigration intelligence team enforcement mission border security and law enforcement subaccount is established consisting of monies deposited pursuant to section 12‑116.04 and monies appropriated by the legislature.  The department shall administer the subaccount.  Any monies distributed from the subaccount to a county sheriff shall go directly to the county sheriff and are not subject to any form of approval by the board of supervisors.  Monies in the subaccount are subject to legislative appropriation.  All appropriated monies in the subaccount shall be distributed each fiscal year to local entities and no monies may be retained by the department for its own use.  The monies in the subaccount shall be used for law enforcement purposes related to border security, including border personnel, and for safety equipment that is worn or used by a peace officer who is employed by a county sheriff.

F.  A law enforcement agency shall not receive any monies from the fund unless the law enforcement agency certifies each fiscal year in writing to the director of the department of public safety that the law enforcement agency is complying with section 11‑1051 to the fullest extent allowed by law.

G.  The department shall submit an expenditure plan to the joint legislative budget committee for review before expending any monies not identified in the department's previous expenditure plans.  Within thirty days after the last day of each calendar quarter, the department shall provide a summary of quarterly and year‑to‑date expenditures and progress to the joint legislative budget committee, including any prior year appropriations that were nonlapsing. END_STATUTE

Sec. 8.  Title 41, chapter 12, article 2, Arizona Revised Statutes, is amended by adding section 41-1730, to read:

START_STATUTE41-1730.  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.

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. END_STATUTE

Sec. 9.  Section 41-1758.06, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1758.06.  Fingerprint clearance card fund; exemption

A.  The fingerprint clearance card fund is established consisting of fees collected from applicants or contract providers for a fingerprint clearance card.  The department shall administer the fund as a continuing appropriation.  Monies in the fund are subject to legislative appropriation.  The department may use any appropriated monies from the fund for the expenses of the department's crime laboratory.  Any monies remaining in the fund in excess of the monies appropriated from the fund each fiscal year are continuously appropriated to the department for the costs of the fingerprinting division.

B.  Monies deposited in the fund are exempt from the provisions of section 35‑190 relating to lapsing of appropriations. END_STATUTE

Sec. 10.  Delayed repeal

Section 41-1772, Arizona Revised Statutes, is repealed from and after June 30, 2018.

Sec. 11.  Section 41-2401, Arizona Revised Statutes, is amended to read:

START_STATUTE41-2401.  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.  6.46 per cent 16.744 percent in the Arizona automated fingerprint identification system Department of public safety forensics fund established by section 41‑2414 41-1730.

2.  1.61 per cent percent to the department of juvenile corrections for the treatment and rehabilitation of youth who have committed drug‑related offenses.

3.  16.64 per cent percent in the peace officers' training fund established by section 41‑1825.

4.  3.03 per cent percent in the prosecuting attorneys' advisory council training fund established by section 41‑1830.03.

5.  9.35 per cent percent to the supreme court for the purpose of reducing juvenile crime.

6.  8.56 per cent 7.276 percent to the department of public safety.  Fifteen per cent of the monies shall be allocated for deposit in the Arizona deoxyribonucleic acid identification system fund established by section 41‑2419.  Eighty‑five per cent of the monies shall be allocated 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 per cent percent to the department of law for allocation to county attorneys for the purpose of enhancing prosecutorial efforts.

8.  6.02 per cent 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 per cent 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 per cent percent to the Arizona criminal justice commission.

11.  9.00 per cent in the crime laboratory operations fund established by section 41‑1772.

12.  11.  2.30 per cent percent in the crime laboratory assessment department of public safety forensics fund established by section 41‑2415 41‑1730.

13.  12.  7.68 per cent percent in the victims' rights fund established by section 41‑191.08.

14.  13.  4.60 per cent percent in the victim compensation and assistance fund established by section 41‑2407.

15.  14.  2.13 per cent 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, 11, 12 and 13 and 14 of this section constitute a continuing appropriation. Monies distributed pursuant to subsection D, paragraphs 1, 2, 5, 8, 10 and 15 14 of this section are subject to legislative appropriation.

F.  The portion of the eighty‑five per cent 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 of the eighty‑five per cent 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. END_STATUTE

Sec. 12.  Section 41-2407, Arizona Revised Statutes, is amended to read:

START_STATUTE41-2407.  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 monies collected pursuant to section 12‑116.01 and distributed pursuant to section 41‑2401, subsection D, paragraph 14 13, monies collected pursuant to section 31‑411, subsection E and sections 13‑4311, 31‑418, 31‑467.06 and 41‑1674, 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.

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. END_STATUTE

Sec. 13.  Delayed repeal

Sections 41-2414, 41‑2415 and 41‑2419, Arizona Revised Statutes, are repealed from and after June 30, 2018.

Sec. 14.  Section 41-3451, Arizona Revised Statutes, is amended to read:

START_STATUTE41-3451.  Automobile theft authority; powers and duties; fund; audit

A.  An automobile theft authority is established consisting of the following members:

1.  Two police chiefs who are appointed by the Arizona chiefs' of police association of chiefs of police, one of whom represents a city or town with a population of one hundred thousand or more persons and one of whom represents a city or town with a population of less than one hundred thousand persons, or their designees.

2.  Two sheriffs who are appointed by the Arizona sheriffs' sheriffs association, one of whom represents a county with a population of five hundred thousand or more persons and one of whom represents a county with a population of less than five hundred thousand persons, or their designees.

3.  Two county attorneys who are appointed by the governor, one of whom represents a county with a population of two million or more persons and one of whom represents a county with a population of less than two million persons, or their designees.

4.  Two employees of insurers who are licensed to write motor vehicle liability insurance in this state and who are appointed by the governor.

5.  Two members of the general public who are appointed by the governor.

6.  The assistant director for the motor vehicle division in the department of transportation or the assistant director's designee.

7.  The director of the department of public safety or the director's designee.

B.  Members serve staggered four year four‑year terms beginning and ending on the third Monday in January.  At the first meeting each year, the members shall select a chairman from among the members.  The authority shall meet at the call of the chairman or seven members.

C.  The authority may:

1.  Subject to chapter 4, article 4 of this title, hire staff members as necessary, including an executive director.  The executive director's annual compensation shall not be more than seventy‑five one hundred thousand dollars.

2.  Provide work facilities and equipment as necessary.

3.  Determine the scope of the problem of motor vehicle theft, including particular areas of the state where the problem is greatest.

4.  Analyze the various methods of combating the problem of motor vehicle theft.

5.  Develop and implement a plan of operation.

6.  Develop and implement a financial plan.

7.  Solicit and accept gifts and grants.

8.  Report by December 31 of each year to the governor, the president of the senate, the speaker of the house of representatives and the secretary of state and the director of the Arizona state library, archives and public records on its activities during the preceding fiscal year.

D.  If the chairman of the authority knows that a potential ground for the removal of a member of the authority exists under this subsection, the chairman shall notify the governor.  The governor shall remove the member if the governor finds that any of the following applies:

1.  The member was not qualified to serve at the time the member was appointed.

2.  The member does not maintain the member's qualifications to serve.

3.  The member cannot discharge the member's duties for a substantial part of the term due to illness or other disability.

4.  The member is absent from more than one‑half of the regularly scheduled meetings during a calendar year unless the member's absence is excused by a majority vote of the authority.

E.  The automobile theft authority fund is established consisting of any public or private monies that the authority may receive.  The automobile theft authority shall administer the fund.  Subject to legislative appropriation, monies in the fund shall only be used to pay the expenses of the authority and to carry out the purposes of this section.  Monies in the fund are exempt from the provisions of sections 35‑143.01 and 35‑190 relating to lapsing of appropriations.  On notice from the authority, the state treasurer shall invest and divest monies in the fund as provided by section 35‑313, and monies earned from investment shall be credited to the fund.

F.  The authority may accept nonmonetary contributions, including the services of individuals, office and secretarial assistance, mailings, printing, office equipment, facilities and supplies, that are necessary to carry out its functions.  The nonmonetary contributions shall not be included in the costs of administration limitation prescribed by subsection H of this section.

G.  The automobile theft authority shall allocate monies in the fund to public agencies for the purpose of establishing, maintaining and supporting programs that are designed to prevent motor vehicle theft, including:

1.  Financial support to law enforcement and prosecution agencies for programs that are designed to increase the effectiveness of motor vehicle theft prosecution.

2.  Financial support for programs that are designed to educate and assist the public in the prevention of motor vehicle theft.

H.  The costs of administration shall not exceed ten per cent percent of the monies in the fund in any one year so that the greatest possible portion of the monies available to the authority is expended on combating motor vehicle theft.

I.  Monies expended from the automobile theft authority fund shall be used to supplement, not supplant, other monies that are available for motor vehicle theft prevention.

J.  Each insurer issuing motor vehicle liability insurance policies in this state shall pay a semiannual fee of fifty cents per vehicle insured under a motor vehicle liability insurance policy issued by the insurer.  The fee shall be fully earned and nonrefundable at the time the insurer collects the premium for the motor vehicle liability insurance policy.  Each insurer shall transmit the fee on or before January 31 and on or before July 31 of each year to the automobile theft authority for deposit in the automobile theft authority fund.  The payment due on or before January 31 shall cover vehicles insured under policies that are issued during the period from July 1 through December 31 of the previous year.  The payment due on or before July 31 shall cover vehicles insured under policies that are issued during the period from January 1 through June 30 of the same year.

K.  The authority shall cause an audit to be made of the automobile theft authority fund.  The audit shall be conducted by a certified public accountant every two years.  The authority shall file a certified copy of the audit with the auditor general immediately.  The auditor general may make further audits and examinations as the auditor general deems necessary and may take appropriate action relating to the audit pursuant to chapter 7, article 10.1 of this title.

L.  Authority members are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.

M.  This section does not apply to vehicles or vehicle combinations with a declared gross weight of more than twenty‑six thousand pounds.  Motor vehicle liability insurance policies issued in this state for vehicles or vehicle combinations with a declared gross weight of more than twenty‑six thousand pounds are exempt from subsection J of this section.

Sec. 15.  Transfer of monies

All unexpended and unencumbered monies remaining in the following funds are transferred to the department of public safety forensics fund established by section 41‑1730, Arizona Revised Statutes, as added by this act, from and after June 30, 2018:

1.  The crime laboratory operations fund established by section 41‑1772, Arizona Revised Statutes, as repealed by this act.

2.  The Arizona automated fingerprint identification system fund established by section 41‑2414, Arizona Revised Statutes, as repealed by this act.

3.  The crime laboratory assessment fund established by section 41‑2415, Arizona Revised Statutes, as repealed by this act.

4.  The Arizona deoxyribonucleic acid identification system fund established by section 41‑2419, Arizona Revised Statutes, as repealed by this act.

Sec. 16.  GIITEM fund; county sheriff allocation; fiscal year 2017‑2018

Notwithstanding section 41‑1724, subsection C, Arizona Revised Statutes, as amended by this act, in fiscal year 2017‑2018 of the monies deposited in the gang and immigration intelligence team enforcement mission fund after allocation of the first $500,000 to a county sheriff of a county with a population of less than five hundred thousand persons but more than three hundred thousand persons, $400,000 shall be allocated in fiscal year 2017‑2018 to a county sheriff of a county with a population of less than two million persons and more than eight hundred thousand persons.

Sec. 17.  State department of corrections; budget structure

Notwithstanding any other law, the state department of corrections shall report actual fiscal year 2016-2017, estimated fiscal year 2017-2018 and requested fiscal year 2018-2019 expenditures in the same structure and detail as the prior fiscal year when the department submits the fiscal year 2018-2019 budget request pursuant to section 35-113, Arizona Revised Statutes.  The information submitted for each line item shall contain as much detail as submitted in previous years for prior line items.

Sec. 18.  Department of public safety; highway monies; limit

Notwithstanding section 28-6537, Arizona Revised Statutes, the statutory caps and transfers of Arizona highway user revenue fund monies available to fund department of public safety highway patrol costs are suspended for fiscal year 2017-2018.

Sec. 19.  GIITEM border security and law enforcement subaccount; expenditure plan; review

Notwithstanding section 41‑1724, subsection G, Arizona Revised Statutes, before the department of public safety spends any monies appropriated in the general appropriations act for fiscal year 2017‑2018 from the gang and immigration intelligence team enforcement mission border security and law enforcement subaccount established by section 41‑1724, Arizona Revised Statutes, as amended by this act, the department shall submit the subaccount's entire expenditure plan to the joint legislative budget committee for review.

Sec. 20.  GIITEM border security and law enforcement subaccount; use; fiscal year 2017‑2018

Notwithstanding section 41-1724, subsection E, Arizona Revised Statutes, the department of public safety may use up to $137,700 of the amount appropriated in the fiscal year 2017-2018 general appropriations act from the gang and immigration intelligence team enforcement mission border security and law enforcement subaccount established by section 41‑1724, Arizona Revised Statutes, as amended by this act, in fiscal year 2017-2018 for costs related to an increase in the public safety personnel retirement system employer contribution rate.

Sec. 21.  Department of public safety; state aid to indigent defense fund; fiscal year 2017-2018

Notwithstanding section 11-588, Arizona Revised Statutes, in fiscal year 2017-2018, the department of public safety may use monies in the state aid to indigent defense fund established by section 11-588, Arizona Revised Statutes, for operating expenses.

Sec. 22.  Legislative intent; county contribution amount for committed youth in secure care facilities

It is the intent of the legislature that the amount of the annual committed youth confinement cost sharing fee that the director of the department of juvenile corrections must assess to each county for committed youth in secure care facilities pursuant to section 41‑2832, Arizona Revised Statutes, is each county's proportional share of $11,260,000, using population data from the most recent United States decennial census.

Sec. 23.  Administrative office of the courts; appropriation; courthouse security; fiscal year 2017‑2018

The sum of $750,000 is appropriated from the judicial collection enhancement fund established by section 12‑113, Arizona Revised Statutes, in fiscal year 2017‑2018 to the administrative office of the courts for the purposes of providing assistance, training and grants to courts to meet the minimum standards of courthouse security that are adopted by the Arizona supreme court.

Sec. 24.  Effective date

Sections 12‑116.01, 28‑3396, 41‑191.08, 41‑2401 and 41‑2407, Arizona Revised Statutes, as amended by this act, and section 41‑1730, Arizona Revised Statutes, as added by this act, are effective from and after June 30, 2018.