ARIZONA HOUSE OF REPRESENTATIVES

HB 2527: NOW: ticket surcharge; public safety equipment

PRIME SPONSOR: Representative Clodfelter, LD 10

BILL STATUS: Senate Engrossed

Abstract

Relating to an assessment on civil and criminal traffic violations for peace officer equipment.

Provisions

1. Increases the assessment for attending a court-authorized diversion program for traffic offenses (including defensive driving programs) from $5 to $9.  

a. Outlines the collection and remittance process.

b. Deposits these monies in the Fund. (Sec 1)

2. Establishes a $4 assessment on all civil or criminal traffic offenses.

a. Outlines the collection and remittance process.

b. Deposits these monies in the Fund.

c. Allows the court to mitigate the $4 assessment as outlined in law. (Sec 2)

3. Establishes the Fund. Permits monies in the Fund to only be used for peace officer equipment.

a. Monies are subject to legislative appropriations.

b. The State Treasurer administers the Fund and invests/divests monies.  Investment earnings are credited back to the Fund.

c. Monies do not lapse or revert at the end of the FY. (Sec 5)

4. Requires JLBC to report by December 1, 2019 and every seven years after on:

a. The amount of each surcharge and assessment authorized on specified violations.

b. The items that the collected surcharge or assessment monies are used. (Sec 4)

5. Appropriates the first $2.3 M deposited into the Fund in FY 2019 to ADPS to purchase:

a. Ten virtual firing ranges that meet specified criteria;

b. Three virtual training simulators that meet specified criteria (one each for Tucson P.D. and the Pinal and Yavapai County Sheriff's Offices); and

c. Software used with the ranges and simulators. (Sec 5)

6. Makes the new assessments outlined above effective on January 1, 2019. (Sec 6)

7. States that a person ordered or directed to stop a vehicle by a police officer may continue to drive in a lawful manner to a location that is safe and in a public and populated area. (Sec 3)

Current Law

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.

Surcharge / Assessment	Statutory Citation	% Base Fine	Flat Amount	Purpose	Statutory Citation for Fund
Criminal Justice Enhancement Fund	A.R.S. § 12-116.01(A)	47%		Various Criminal Justice Purposes	A.R.S. § 41-2401
State Aid	A.R.S. § 12-116.01(B)	7%		County Attorney Fund; Public Defender Fund; Courts Fund	A.R.S. § 41-2421(J)
ADPS Forensics Fund	A.R.S. § 12-116.01(C)	6%		Forensics equipment, education, operations	A.R.S. § 41-1730
Medical Services Enhancement Fund	A.R.S. § 12-116.02(A)	13%		Substance abuse, spinal injuries, emergency medical services, general fund	A.R.S. § 36-2219.01
Public Safety Equipment Fund	A.R.S. § 12-116.04(C)		$4	ADPS vehicles, public safety equipment	A.R.S. § 41-1723
GIITEM Subaccount	A.R.S. § 12-116.04(C)		$4	County sheriffs	A.R.S. § 41-1724
Local Officer Equipment	A.R.S. § 12-116.04(D)		$4	Local officer safety equipment
Justice Court Assessment	A.R.S. § 12-116.04(E)		$1	JP courts to improve collections and automation
Clean Elections Fund	A.R.S. § 16-954	10%		Clean Elections funding
Probation Assessment	A.R.S. § 12-114.01		$20	Probation officer salaries
Victims' Rights Enforcement	A.R.S. § 12-116.09		$2	Victim services	A.R.S. § 41-1727
*Assessment for family offenses	A.R.S. § 12-116.06		$50	Domestic Violence Services Fund	A.R.S. § 36-3002
*Assessment for dangerous crimes against children	A.R.S. § 12-116.07		$500	Forensic or medical investigations for victims	A.R.S. § 13-1414
*Address confidentiality assessment	A.R.S. § 12-116.05		$50	Address Confidentiality Program Fund	A.R.S. § 41-169

*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 2527

Second Regular Session                               Version 4: Senate Engrossed

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