ARIZONA STATE SENATE

LIAM MAHER

LEGISLATIVE RESEARCH ANALYST

APPROPRIATIONS COMMITTEE

Telephone: (602) 926-3171

RESEARCH STAFF

 

 

TO:                  MEMBERS OF THE SENATE

                        APPROPRIATIONS COMMITTEE

DATE:            February 19, 2021

SUBJECT:      Strike everything amendment to S.B. 1123, relating to digital evidence fund; appropriation


 


Purpose

            Renames the Arizona Lengthy Trial Fund and the Document Storage and Retrieval Conversion Fund to include digital evidence. Appropriates $400,000 in FY 2022 and $490,000 in FY 2023 from the state General Fund (state GF) to the Arizona Supreme Court for costs associated with digital evidence storage.

Background

            The Arizona Supreme Court administers the Arizona Lengthy Trial Fund which consists of monies received from the additional fees paid on all filings, appearances, responses and answers charged by the clerk of the superior court. Arizona Lengthy Trial Fund monies, when available, are used to compensate jurors who serve as petit jurors for more than five days. Compensation for jurors is required to be at least $40 but no more than $300 per day per juror (A.R.S. § 21-222).

            The presiding judge of the superior court can impose a fee of no more than $100 per year for an annual online access subscription with a fee of not more than $2 per minute for online access to the superior court records. The clerk of the court is required to collect the fees and transmit them to the county treasurer for the monies to be deposited into the Document Storage and Retrieval Conversion Fund (A.R.S. § 12-284.02).

            The strike-everything amendment to S.B. 1123 appropriates $400,000 in FY 2022 and $490,000 in FY 2023 from the state GF to the Supreme Court.

Provisions

1.   Renames the Arizona Lengthy Trial Fund as the Arizona Lengthy Trial and Digital Evidence Fund.

2.   Requires the Arizona Lengthy Trial and Digital Evidence Fund monies to pay for the storage of digital evidence and facilitation of the display of evidence to the jury and court at trial and related proceedings, if monies are available after statutory payments to jurors.

3.   Allows the Supreme Court to prohibit additional filing fees imposed on cases that do not involve the use of digital evidence.

4.   Renames the Document Storage and Retrieval Conversion Fund as the Document and Digital Evidence Storage and Retrieval Conversion Fund.

5.   Adds managing and storing digital evidence and facilitating the display of evidence to the jury and court as a required expenditure from the Document and Digital Evidence Storage and Retrieval Conversion Fund.

6.   Appropriates $400,000 in FY 2022 and $490,000 in FY 2023 from the state GF to the Supreme Court for the costs of a digital evidence storage and display system.

7.   Repeals statute relating to the electronic filing and access fee by the superior court.

8.   Makes technical and conforming changes.

9.   Becomes effective on the general effective date.