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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
fines; fees; assessments; restitution; nonpayment
Purpose
Modifies procedures and requirements relating to enforcement of default payments of certain court-ordered monetary obligations by a defendant. Allows the court to enter a civil determination for nonpayment of monetary obligations and prohibits the court from issuing an arrest warrant for a defendant who fails to appear at a hearing on nonpayment.
Background
In addition to any other remedy provided by law, if a defendant who is sentenced to pay a fine, a surcharge, a fee, an assessment, incarceration costs or restitution defaults in such payment or any installment as ordered, the court, on motion of the prosecuting attorney or on its own motion, must require the defendant to show cause as to why the defendant's default should not be treated as contempt. The court may issue a summons or a warrant of arrest for the defendant's appearance to show cause as outlined. On receipt of a petition and issuance of an order to show cause, the court has jurisdiction to preserve rights over all restitution liens entered and perfected.
At any hearing
on an order to show cause the court, prosecuting attorney or a person entitled
to restitution may examine the defendant under oath concerning the defendant's
financial condition, employment, assets and any other matter relating to the
defendant's ability to pay restitution. If the court finds that the defendant
has willfully failed to pay or that the defendant has intentionally refused to
make a good faith effort to obtain the monies required for payment, the court
must find that the default constitutes contempt and the court may: 1) order the
defendant to be incarcerated in the county jail until the outlined monetary
obligation, or a specified portion of the obligation is paid; 2) refer the
defendant for revocation of probation, parole or community supervision; 3)
enter a writ of criminal garnishment; and 4) order the defendant to perform
community restitution. If the court finds that the default was not willful and
that the defendant cannot pay despite good faith efforts to obtain the monies the
court may take any lawful action including: 1) modify the manner in which the
outstanding monetary obligation is to be paid;
2) enter any reasonable order that would assure compliance with the order to
pay; and 3) enter a writ of criminal garnishment (A.R.S.
§ 13-810).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Removes the requirement that the court require a defendant to show cause as to why the defendant's default on the payment of a fine, surcharge, fee, assessment, incarceration costs or restitution should not be treated as contempt.
2. Allows the court to issue a summons for the defendant's appearance at a hearing to determine the defendant's ability to pay a previously ordered fine, surcharge, fee, assessment, incarceration cost or restitution.
3. Prohibits the court from issuing a warrant of arrest for a defendant's failure to appear at a hearing to determine the defendant's ability to pay monetary obligations as outlined.
4. Allows the court to enter a civil default determination of nonpayment if the defendant fails to appear at a hearing for nonpayment.
5. Removes the requirement that the court find that a defendant's default constitutes contempt when the court finds that the defendant willfully failed to pay a monetary obligation as outlined or that the defendant intentionally refused to make a good faith effort to obtain the monies required for the payment.
6. Removes the ability of the court to order the defendant to be incarcerated in the county jail until the defaulted monetary obligation or a specified portion of such obligation is paid.
7. Allows the court to enter an order for a civil enforcement remedy, rather than a writ of criminal garnishment, against a defendant for the nonpayment of outlined monetary obligations.
8. Allows the state or a person entitled to restitution to pursue any civil collection remedy without further court order on entry of the civil default determination.
9. Removes the specification that, if the default is not willful, the defendant must make sufficient good faith efforts to obtain the monies for payment of court ordered monetary obligations before the court may take alternative lawful action.
10. Includes ordering the defendant to perform community restitution within the list of lawful actions that the court may take when the court finds that the defendant cannot pay defaulted monetary obligations as outlined.
11. Requires the court to require an enterprise to show cause as to why a default should not be treated as contempt, rather than hold the enterprise in contempt for nonpayment of outlined monetary obligations.
12. Removes the specification that the court, on receipt of a petition and issuance of an order to show cause, has jurisdiction to preserve rights over all entered and perfected restitution liens as prescribed.
13. Requires the court, on the issuance of a summons for a hearing on nonpayment, to provide the defendant with a written notice, that states in plain language, that:
a) the purpose of the hearing is to determine whether the defendant has the present ability to pay and has willfully refused to pay;
b) the defendant has the right to present evidence of financial hardship, including any evidence that the court considers for the mitigation of fines and surcharges; and
c) no person may be incarcerated solely because of the person's inability to pay a fine, surcharge, fee, assessment, restitution or incarceration costs due to indigence.
14. Allows a defendant, against whom a civil default determination has been entered, to move the court to set aside the determination and any resulting civil enforcement remedy.
15. Requires the court to stay pending enforcement actions if the defendant demonstrates that the defendant:
a) did not receive actual notice of the hearing on nonpayment;
b) failed to appear due to excusable neglect or circumstances beyond the defendant's control; or
c) is indigent and the civil enforcement remedy creates an undue hardship on the defendant or the defendant's legal dependents.
16. Prohibits any monies that are recovered by the state under a valid civil default determination from being returned to the defendant.
17. Requires the court to schedule a new hearing on nonpayment upon setting aside a default judgment.
18. Requires the court to immediately reenter the civil default judgment if the defendant fails to appear at the newly scheduled hearing after receiving proper notice.
19. Allows the state to resume all civil enforcement remedies without further delay if the court reenters the civil judgment as prescribed.
20. Prohibits a defendant from moving 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 proves by clear and convincing evidence that the second failure to appear was due to an extraordinary medical emergency or other catastrophic event.
21. Specifies that civil enforcement remedy includes:
a) restitution liens;
b) garnishment under a writ of criminal garnishment;
c) participation in a liability setoff program;
d) the interception of winnings; and
e) any other civil remedy that is authorized by law for the collection of a debt, judgment or monetary obligation.
22. Makes technical and conforming changes.
23. Becomes effective on the general effective date.
House Action
GOV 2/4/26 DPA 7-0-0-0
3rd Read 2/19/26 56-0-4
Prepared by Senate Research
March 16, 2026
ZD/KS/ci