HB2265 - 572R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 11-584, Arizona Revised Statutes, is amended to read:

START_STATUTE11-584. Public defender; duties; reimbursement prohibited

A. The public defender, on order of the court, shall defend, advise and counsel any person who is entitled to counsel as a matter of law and who is not financially able to employ counsel in the following proceedings and circumstances:

1. Offenses triable in the superior court or justice courts at all stages of the proceedings, including the preliminary examination.

2. Extradition hearings.

3. Mental disorder hearings only if appointed by the court under title 36, chapter 5.

4. Involuntary commitment hearings held pursuant to title 36, chapter 18, only if appointed by the court.

5. Involuntary commitment hearings held pursuant to title 36, chapter 37, if appointed by the court as provided in section 36-3704, subsection C and the board of supervisors has advised the presiding judge of the county that the public defender is authorized to accept these appointments.

6. Juvenile delinquency and incorrigibility proceedings only if appointed by the court under section 8-221.

7. Appeals to a higher court or courts.

8. All juvenile proceedings other than delinquency and incorrigibility proceedings under paragraph 6 of this subsection, including serving as a guardian ad litem, if appointed by the court pursuant to section 8-221 and the board of supervisors has advised the presiding judge of the county that the public defender is authorized to accept these appointments.

9. All mental health hearings regarding release recommendations that are held in the superior court pursuant to title 13, chapter 38, article 14 and the board of supervisors has advised the presiding judge of the superior court in the county that the public defender is authorized to accept these appointments.

10. As attorneys in any other proceeding or circumstance in which a party is entitled to counsel as a matter of law if the court appoints the public defender and the board of supervisors has advised the presiding judge of the county that the public defender is authorized to accept these appointments as specified.

B. The public defender shall perform the following duties:

1. Keep a record of all services rendered by the public defender in that capacity and file with the board of supervisors an annual report of those services.

2. By December 1 of each year, file with the presiding judge of the superior court, the chief probation officer and the board of supervisors an annual report on the average cost of defending a felony case.

C. Although The services of the public defender or court appointed counsel shall be without expense to the defendant, the juvenile, a parent or any other party. , The court may not make the following any assessments related to the appointment or services of a public defender, including:

1. Order An indigent administrative assessment of not more than $25.

2. Require that the defendant, including a defendant who is placed on probation, or any other party who is appointed counsel under subsection A of this section repay to the county a reasonable amount to reimburse Any reimbursement to the county for the cost of the person's legal services. Reimbursement for legal services in a guardianship or conservatorship proceeding shall be ordered pursuant to section 14-5414. The court may not order a juvenile or the juvenile's parent or guardian to pay administrative assessments or to reimburse the cost of legal services.

D. In determining the amount and method of payment the court shall take into account the financial resources of the defendant and the nature of the burden that the payment will impose.

E. Assessments collected pursuant to subsection C of this section shall be paid into the county general fund in the account designed for use solely by the public defender and court appointed counsel to defray the costs of public defenders and court appointed counsel. The assessments shall supplement, not supplant, funding provided by counties for public defense, legal defense and contract indigent defense counsel in each county. END_STATUTE

Sec. 2. Section 12-115, Arizona Revised Statutes, is amended to read:

START_STATUTE12-115. Additional filing, appearance and answer or response fees; deposit

A. In addition to any other assessment authorized by law, the supreme court shall establish an additional fee on each filing, appearance and answer or response fee charged by a clerk of the superior court.

B. The clerk shall collect the additional fee and monthly remit the additional fees to the county treasurer. The county treasurer shall transmit the fees to the state treasurer on or before the fifteenth day of each month for deposit, pursuant to sections 35-146 and 35-147, in the fair jury improvement fund established by section 21-222. The state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.

C. The additional fee may be deferred or waived pursuant to sections 12-302 and 12-304.

D. In establishing the additional fees under subsection A of this section, the supreme court may designate by rule that the additional fees not be imposed on filings in types of cases that involve minimal use of court resources, that are not afforded the opportunity for a trial by jury or that do not involve the use of digital evidence. The supreme court may not impose the additional fees on filings for a jury trial in a criminal case. END_STATUTE

Sec. 3. Section 12-253, Arizona Revised Statutes, is amended to read:

START_STATUTE12-253. Powers and duties

The adult probation officer shall:

1. Make and file a complete record of persons who are placed under suspended sentence by the court, and of all reports that are made to the Adult probation officer in writing or in person, in accordance with the conditions imposed by the court.

2. Exercise general supervision and observation over persons who are under suspended sentence and supervision pursuant to section 13-3994, subject to control and direction by the court.

3. Serve warrants, make arrests and bring persons before the court who are under suspended sentences. The adult probation officer has the authority of a peace officer in the performance of the adult probation officer's duties.

4. Investigate cases that are referred to the adult probation officer for investigation by the court in which the adult probation officer is serving and report to the court. In an investigation for a presentence report, the adult probation officer shall promptly inquire into the circumstances of the offense, and the convicted person's history of delinquency or criminality, social history, employment history, family situation, economic status, including the ability to contribute to reimbursement for the costs of the person's legal defense pursuant to section 11-584, education and personal habits. The presentence report shall contain a recommendation by the officer regarding contribution by the convicted person toward the costs of legal defense pursuant to section 11-584. The adult probation officer shall also promptly inquire into the physical, emotional and financial impact of the offense on the victim and the emotional and financial impact of the offense on the victim's immediate family of the victim and shall notify the victim or the victim's immediate family of the victim of the right to appear personally or by counsel at any aggravation or mitigation proceeding.

5. Secure and keep a complete identification record of every person who is released under a suspended sentence and a written statement of the conditions of the suspension.

6. Obtain and assemble information concerning that concerns the conduct of persons who are placed under suspended sentence and report the information to the court.

7. Bring defaulting probationers into court when in the adult probation officer's judgment the conduct of the probationer justifies the court to revoke suspension of the sentence.

8. Monitor the payment of restitution. END_STATUTE

Sec. 4. Title 12, chapter 3, article 1, Arizona Revised Statutes, is amended by adding section 12-306, to read:

START_STATUTE12-306. New fees

The court shall not adopt any new fee that is not previously specifically authorized by statute.END_STATUTE

Sec. 5. Section 12-332, Arizona Revised Statutes, is amended to read:

START_STATUTE12-332. Taxable costs and jury fee in superior court; prohibited in criminal actions

A. Costs in the superior court include:

1. Fees of officers and witnesses.

2. Cost of taking depositions.

3. Compensation of referees.

4. Cost of certified copies of papers or records.

5. Sums paid a surety company for executing any bond or other obligation therein, not exceeding, however, one per cent percent on the amount of the liability on the bond or other obligation during each year it was in force.

6. Other disbursements that are made or incurred pursuant to an order or agreement of the parties.

B. In a civil case, a jury fee shall also be included in the judgment and taxed as costs and shall be fixed by the court at the time the judgment is given. The jury fee shall include the cost of reimbursement for juror travel expenses. The jury fee shall be paid to the clerk of the court for transmittal to the county treasurer who shall dispose of it as other similar money is disposed of. An action to collect jury fees shall be commenced:

1. Only if the judgment fixing the jury fees is recorded in the office of the county recorder not later than thirty days after the judgment is rendered.

2. At any time after the date of the recording of the judgment fixing the jury fees and the judgment does not expire until it is paid in full.

C. The court may at any time for good cause shown relieve a person from payment of a jury fee in a civil case if the court believes that such relief is proper.

D. A jury fee may not be imposed in a criminal case. END_STATUTE

Sec. 6. Section 13-4034, Arizona Revised Statutes, is amended to read:

START_STATUTE13-4034. Expense of record or transcript on appeal as county charge

The expense of a certified copy of the record on appeal or of the reporter's transcript, or both, when appellant files an affidavit that he is without means or wholly unable to pay for such copies, and such affidavit is found true, shall be a charge upon on the county in which the appellant was convicted. END_STATUTE

Sec. 7. Section 22-371, Arizona Revised Statutes, is amended to read:

START_STATUTE22-371. Right of appeal; procedure for taking appeal; transcript; appellate filing fee prohibited

A. The defendant in a criminal action may appeal to the superior court from the final judgment of a justice or municipal court.

B. The procedure for appeals from a justice or municipal court to the superior court shall be as provided by rules adopted by the supreme court.

C. In a trial in a justice or municipal court, a transcript of the proceedings may be ordered in the sole discretion of the superior court.

D. A defendant may not appeal from a judgment or sentence that is entered pursuant to a plea agreement or from an admission to a probation violation.

E. A victim, as defined in section 13-4401, may bring a special action seeking to enforce any right or to challenge an order denying any right guaranteed to victims.

F. The court may not impose an appellate filing fee on a criminal defendant. END_STATUTE