ARIZONA HOUSE OF REPRESENTATIVES

57th Legislature, 2nd Regular Session

Majority Research Staff

House: NREW DP 6-4-0-0 | Third Read 32-25-3-0

Senate: JUDE DPA/SE 5-2-0-0 | Third Read 16-10-4-0

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

HB 2028: DWR; application; administrative completeness

NOW: homelessness; indigence; community restitution

Sponsor: Representative Griffin, LD 19

Senate Engrossed

The House Engrossed version of HB 2028 removes an exemption for an application to the Arizona Department of Water Resources (ADWR) to be appealed if found not to be administratively complete.

The Senate adopted a strike-everything amendment that does the following:

Overview

Allows the court to order a defendant to perform mandatory community restitution in lieu of a probation assessment if the defendant is experiencing homelessness, is indigent and is unable to pay all or part of the assessment.

History

Statute directs that, in addition to any other penalty, fine, fee, surcharge or assessment authorized by law, a person shall pay a probation assessment of $20 dollars if convicted for a criminal offense, civil traffic violation, a violation of any local ordinance relating to the stopping, standing or operation of a vehicle, except for parking violations, or for a violation of the game and fish statutes (A.R.S. § 12-114.01).

If a monetary obligation is imposed on a defendant at sentencing and the court finds the defendant is unable to pay all or part of the monetary obligation, on the defendant's request, the court may order the defendant to perform community restitution in lieu of the payment for all or part of the monetary obligation. The court shall credit community restitution performed at a rate that is equal to the minimum wage, rounded up to the nearest dollar (A.R.S. § 13-824).

The Arizona Rules of Criminal Procedure define Indigent to mean a person who is not financially able to retain counsel.

Provisions

1.   Allows the court to order a defendant, without the defendant's request, to perform mandatory community restitution in lieu of a probation assessment if the defendant is experiencing homelessness, is indigent and is unable to pay all or part of the assessment. (Sec. 1)

2.   Contains conforming changes. (Sec. 1)

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5.   ---------- DOCUMENT FOOTER ---------

6.   Initials NM/NP                HB 2028

7.   4/13/2026  Page 0 Senate Engrossed

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9.   ---------- DOCUMENT FOOTER ---------