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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
House: JUD DP 9-0-0-0 | Third Read 55-2-3-0Senate: JUDE DP 7-0-0-0 | ATT DP 7-1-2-0 | Third Read 24-5-1-0 |
HB 2265: courts; fees; assessments
Sponsor: Representative Carter N, LD 15
Senate Engrossed
Overview
Prohibits courts from assessing certain costs related to appointed counsel, limits the creation of new court fees absent express statutory authorization and specifies additional fee prohibitions in criminal matters.
History
Current law establishes the duties of county public defenders and addresses when a court may order a defendant to pay certain amounts related to appointed counsel. Public defender services are to be without expense to the defendant, while also authorizing, in specified circumstances, an indigent administrative assessment and reimbursement to the county for the cost of legal services (A.R.S. § 11-584).
Adult probation officers preparing pre-sentence reports currently must inquire into a convicted person’s economic status, including the ability to contribute to reimbursement for legal defense, and must include a recommendation regarding contribution toward those costs (A.R.S. § 11-584).
Provisions
1. Prohibits the court from charging any assessments related to the appointment of a public defender. (Sec. 1)
2. Prohibits the court from ordering an indigent administrative assessment, and removes the directive for probation officers to inquire about the person's economic ability to pay for the same. (Sec. 1, 3)
3. Forbids the supreme court from imposing any fees on filing for a jury trial in a criminal case. (Sec. 2)
4. Restricts the court from adopting any new fee, fine or surcharge that applies against a criminal defendant. (Sec. 4)
5. Forbids a jury fee from being imposed in a criminal case. (Sec. 5)
6. Mandates that the expense of a certified copy of the record on appeal or reporter’s transcript must always be charged to the county, rather than only when the appellant is indigent. (Sec. 6)
7. Prohibits the court from imposing an appellate filing fee on a criminal defendant in an appeal to superior court from a justice or municipal court final judgment. (Sec. 7)
8. Makes technical and conforming changes. (Sec. 1, 3, 5, 6)
Senate Amendments
1. Strikes language that prohibits the court from adopting any new fee, fine or surcharge that applies against a criminal defendant.
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Initials NM HB 2265
2/23/2026 Page 0 Senate Engrossed
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