COMMITTEE ON PUBLIC SAFETY
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2005
(Reference to printed bill)
Page 1, strike lines 2 through 33
Renumber to conform
Page 2, line 3, strike "convicted" insert "found guilty"
Strike lines 32 through 43
Strike page 3, insert:
"Sec. 2. Title 28, chapter 8, article 7, Arizona Revised Statutes, is amended by adding section 28-3392.01, to read:
28-3392.01. Eligibility after finding of responsibility or guilt; school completion; no appeal
A. If otherwise eligible pursuant to this article, a person who is found responsible for or found guilty of a traffic violation may elect to attend defensive driving school. The person must make this election at the time of the finding of responsibility or guilt. If the person does not elect to attend defensive driving school at the time of the finding of responsibility or guilt, the person is not eligible to attend defensive driving school. The person must successfully complete the course within forty-five days after the finding of responsibility or guilt.
B. If the person elects to attend defensive driving school after a finding of responsibility or guilt, the court shall defer entry of the final judgment of responsibility or guilt for forty-five days. If the person does not successfully complete defensive driving school within forty-five days after the finding of responsibility or guilt, the court shall enter the final judgment of responsibility or guilt and proceed to sentence the person.
C. A person who elects to attend defensive driving school after a finding of responsibility or guilt does not have the right to appeal the finding pursuant to section 22-371 or 22-425.
Sec. 3. Section 28-3396, Arizona Revised Statutes, as amended by Laws 2018, chapter 322, section 5, is amended to read:
28-3396. Court diversion fee
A. The presiding judge of each court shall:
1. Set the amount of the court diversion fee that an individual, including an individual who holds a commercial driver license, who attends a defensive driving school may be assessed.
2. Charge an individual a forty‑five dollar $45 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, except that a person who successfully completes defensive driving school pursuant to section 28‑3392.01 shall pay the surcharge and assessment PRESCRIBED by section 28‑3396.01.
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 $10,400,000 in revenue annually in the department of public safety forensics fund established by section 41‑1730.
2. All remaining money in the state general fund.
Sec. 4. Title 28, chapter 8, article 7, Arizona Revised Statutes, is amended by adding section 28-3396.01, to read:
28-3396.01. Surcharges and assessments after finding of responsibility or conviction; disposition
A. A person who successfully completes defensive driving school after a finding of responsibility or guilt shall pay the surcharge and assessment provided for in sections 12-114, 12-114.01, 12-116.04, 12‑116.08, 12‑116.09 and 12‑116.10. The monies shall be transmitted and deposited as prescribed in sections 12‑114, 12‑114.01, 12‑116.04, 12‑116.08, 12‑116.09 and 12‑116.10.
B. A person who successfully completes defensive driving school after a finding of responsibility or guilt shall pay an assessment of $68.
C. On the last day of each month, the court shall transmit to the county treasurer the assessments collected pursuant to subsection B of this section and a remittance report of the assessments collected, except that municipal courts shall transmit the assessments and the remittance report of the assessments to the city or town treasurer.
D. Each assessment prescribed by subsection B of this section shall be distributed as follows:
1. $42 pursuant to section 12-116.01, subsection H.
2. $7 pursuant to section 12-116.01, subsection I.
3. $6 pursuant to section 12-116.01, subsection J.
4. $13 pursuant to section 12-116.02, subsection F.
Sec. 5. Section 28-3397, Arizona Revised Statutes, is amended to read:
28-3397. Additional fees; disposition
A. In addition to the court diversion fee and the fee for the cost to attend a defensive driving school, a person who attends a defensive driving school pursuant to this article or by a court order shall pay a fee of not more than fifteen dollars $20 that is established by the supreme court.
B. Before or at the time an individual attends a defensive driving school, the school shall collect the defensive driving school fund fee established pursuant to this section and the fee, if any, charged by the defensive driving school for the course.
C. The defensive driving school shall transmit the fee established by the supreme court pursuant to this section to the supreme court. The supreme court shall deposit the fee in the defensive driving school fund established by section 28‑3398 pursuant to procedures established by the supreme court.
Sec. 6. Effective date
This act is effective from and after June 30, 2020."
Amend title to conform