ARIZONA
HOUSE OF REPRESENTATIVES
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HB 2313: sentencing; monetary obligations; fine mitigation |
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PRIME SPONSOR: Representative Farnsworth E, LD 12 BILL STATUS: Chaptered |
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Relating to monetary obligations imposed by
the court.
Provisions
Monetary Obligations
1. Expands the option for sentencing a defendant to community restitution in lieu of payment of a fine, fee, assessment or incarceration cost as follows:
a. Applies to all convictions, not just those in municipal or justice courts;
b. Includes all monetary obligations; (defined as fines, civil penalties, surcharges, assessments, fees or incarceration costs)
c. Does not apply to the:
i. Family offenses assessment;
ii. Dangerous crimes against children and sexual assault assessment;
iii. Victims' rights enforcement assessment;
iv. Victims' rights fund assessment;
v. Address Confidentiality Program assessment; and
vi. Clean Elections Surcharge (A.R.S. § 16-954). (Sec 8)
2. Allows a judge to mitigate a fine if a defendant demonstrates hardship on the defendant or the defendant's family. (Sec 9)
a. exempts mandatory fines.
3. Outlines specific criteria for the court to consider in determining whether to mitigate the fine:
a. Impact on defendant's ability to pay restitution;
b. Financial hardship on the defendant or defendant's immediate family;
c. Whether the defendant receives benefits from specific public programs;
d. A defendant's medical condition; or
e. Whether the defendant is:
i. Seeking, obtaining or maintaining employment (if legally permitted); or
ii. Attending school. (Sec 9)
4. Permits a judge to mitigate specific surcharges if the fine is mandatory. (Sec 9)
5. Allows the court to revoke probation or the Board of Executive Clemency to revoke parole or community supervision, if it finds that a defendant has:
a. Wilfully failed to pay a monetary obligation; or
b. Intentionally refused to make a good faith effort to get money to pay the obligation. (Sec 10 & 12)
6. Requires a probationer to be in compliance with all nonmonetary obligations to be eligible for probation earned time credit. (Sec 11)
7. Adds the failure of a defendant to pay assessments or surcharges to the statute that outlines consequences for failure to pay fines, fees or incarceration costs. (Sec 6)
8. Expands the scope of a criminal garnishment writ to include surcharge and assessment amounts. (Sec 7)
9. Allows the court to mitigate, instead of waive, all or part of the $20 probation assessment (A.R.S. § 12-114.01) (Sec 1)
10. Strikes current authorization for the waiver of civil penalties, fines, forfeitures and surcharges, except for mandatory penalties and fines.
a. Deletes the prohibition on waiving mandatory penalties and fines.
b. Deletes proportional allocation of the total amount if a portion of the penalty or surcharge is waived. (Sec 2 & 3)
11. Establishes an interest rate of 4% per year on criminal restitution orders enforced by the state. (Sec 5)
Victims' Rights Funding
12. Establishes a penalty assessment of $9 on every fine, penalty and forfeiture for criminal offenses, traffic violations or violations of Game and Fish statutes. Deposits the monies as follows:
a. 62.4% in the Victims' Rights Fund;
b. 37.6% in the Victim Compensation and Assistance Fund. (Sec 4)
13. Reduces the current CJEF surcharge from 47% to 42% of every fine, penalty, forfeiture and civil penalty. (Sec 2)
14. Deletes the current CJEF distribution to the Victims' Rights Fund and the Victim Compensation and Assistance Fund. Reallocates these monies to the remaining CJEF recipients. (Sec 15)
15. Makes conforming changes. (Sec 13-16).
Miscellaneous
16. Contains a delayed effective date of January 1, 2019. (Sec 18)
17. Makes technical changes. (Sec 1, 2, 3, 5 & 6).
Current Law
A.R.S. § 13-801 imposes fines on felony offenses; A.R.S. § 13-802 imposes fines for misdemeanor offenses. If a defendant is sentenced to pay a fine, payment and enforcement of restitution take priority over payments to the state. (A.R.S. § 13-809).
Surcharges are imposed through various statutes on any:
· Criminal fine, penalty or forfeiture;
· Civil penalty for traffic violations; or
· Violation of the Game and Fish Statutes.
Surcharges equal 83% of the base fine and are added to the total amount due. Additionally, flat assessments may be attached to specific offenses.
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Surcharge / Assessment |
Statutory Citation |
% Base Fine |
Flat Amount |
Purpose |
Statutory Citation for Fund |
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CJEF |
47% |
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Various Criminal Justice Purposes |
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State Aid |
7% |
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County Attorney Fund; Public Defender Fund; Courts Fund |
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ADPS Forensics Fund |
6% |
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Forensics equipment, education, operations |
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Medical Services Enhancement Fund |
13% |
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Substance abuse, spinal injuries, emergency medical services, general fund |
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Public Safety Equipment Fund |
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$4 |
ADPS vehicles, public safety equipment |
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GIITEM Subaccount |
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$4 |
County sheriffs |
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Local Officer Equipment |
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$4 |
Local officer safety equipment |
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Justice Court Assessment |
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$1 |
JP courts to improve collections and automation |
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Clean Elections Fund |
10% |
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Clean Elections funding |
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Probation Assessment |
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$20 |
Probation officer salaries |
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Victims' Rights Enforcement |
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$2 |
Victim services |
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*Assessment for family offenses |
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$50 |
Domestic Violence Services Fund |
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*Assessment for dangerous crimes against children |
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$500 |
Forensic or medical investigations for victims |
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*Address confidentiality assessment |
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$50 |
Address Confidentiality Program Fund |
*Assessed for specific offenses, does not include driving/operating under the influence assessments or diversion assessments.
A.R.S. §§ 12-116.01 and 12-116.02 allow a judge to waive all or part of the civil penalty, fine, forfeiture and surcharge, except for civil penalties and fines that are mandatory. If the fine is mandatory, all or part of the surcharge may be waived.
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Fifty-third Legislature HB 2313
Second Regular Session Version 5: Chaptered
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