|
|
ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
House: GOV DPA 7-0-0-0 |
HB 2825: fines; fees; assessments; restitution; nonpayment
Sponsor: Representative Lopez, LD 16
House Engrossed
Provides a civil enforcement remedy for payment defaults and removes provisions related to the enforcement of nonpayment through criminal court compliance procedures.
History
Currently, if a defendant defaults in the payment of a court-ordered fine, surcharge, fee, assessment, incarceration cost or restitution, the court requires the defendant to appear and show cause why the default should not be treated as contempt of court. The court can issue a summons or a warrant of arrest to compel the defendant's appearance. At a hearing, the court can examine the defendant under oath regarding the defendant’s financial condition, employment, assets and other matters relevant to the defendant’s ability to pay. If the court finds that the defendant willfully failed to pay, the court can treat the default as contempt and may: 1) order incarceration until the amount owed or a specified part is paid; 2) refer the matter for probation, parole or community supervision action; 3) order civil enforcement; or 4) require the defendant perform community restitution (A.R.S. § 13-810).
Provisions
1. Replaces provisions relating to court-driven enforcement of payment defaults within a criminal case with a civil default determination and civil enforcement framework. (Sec. 1)
2. Removes the following:
a. requirement that a defendant who defaults in the payment of a fine, surcharge, fee, assessment, restitution or incarceration costs must show the court cause why the default shouldn't be treated as contempt; and
b. option for a court to treat failure to appear for a nonpayment hearing or restitution hearing as grounds for issuing a warrant of arrest. (Sec. 1)
3. Allows a court to issue a summons for a defendant's appearance at a hearing to determine the defendant's ability to pay the previously ordered fine, surcharge, fee, assessment, restitution or incarceration costs. (Sec. 1)
4. Prohibits a court from issuing an arrest warrant for the defendant's failure to appear at said hearing. (Sec. 1)
5. Permits Arizona or the person entitled to restitution to pursue any civil collection remedy without further court orders, following the entry of the civil default determination. (Sec. 1)
6. Allows the court to order the defendant to perform community restitution or enter an order for a civil enforcement remedy if the court finds that the defendant cannot pay. (Sec. 1)
7. Requires the court to instruct the defendant to show cause why their default should not be treated as contempt when it is set payment must be made from an enterprise's assets. (Sec. 1)
8. Directs the court to provide the defendant with a written notice on the issuance of a summons for a hearing stating the following:
a. that the purpose of the hearing is to determine whether the defendant has the present ability to pay and has willfully refused to pay;
b. that the defendant has the right to present evidence of financial hardship; and
c. that no person can be incarcerated solely on their ability to pay a fine, surcharge, fee, assessment, restitution or incarceration costs due to indigence. (Sec. 1)
9. Allows a defendant to move to set aside a civil default determination and resulting civil enforcement. (Sec. 1)
10. Requires the court to stay pending enforcement actions if the defendant demonstrates that they did not receive notice of the hearing, that the defendant's failure to appear was due to excusable neglect or circumstances beyond their control or that the defendant is indigent and the civil enforcement remedy creates an undue hardship on the defendant or their legal dependents. (Sec. 1)
11. Stipulates that if a civil default determination has been entered:
a. any monies that Arizona recovers cannot be returned to the defendant;
b. a court must schedule a hearing on setting aside a default judgment;
c. the court must reenter the civil default judgment, and Arizona can resume all civil enforcement remedies if the defendant fails to appear at the newly scheduled hearing; and
d. a defendant cannot move to set aside a second default judgment that is entered within one year of a prior default judgment for the same underlying obligation unless the defendant provides clear and convincing evidence that the second failure to appear was due to extraordinary medical emergencies or another catastrophic event. (Sec. 1)
12. Defines civil enforcement remedy. (Sec. 1)
13.
14.
15. ---------- DOCUMENT FOOTER ---------
16. Initials ML HB 2825
17. 2/25/2026 Page 0 House Engrossed
18.
19. ---------- DOCUMENT FOOTER ---------