| 1 | 1 | | REFERENCE TITLE: criminal justice monies; penalty assessments. State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session 2022 HB 2133 Introduced by Representative Kavanagh AN ACT amending sections 12-116.09 and 41-2401, Arizona Revised Statutes; relating to criminal justice monies. (TEXT OF BILL BEGINS ON NEXT PAGE) |
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| 9 | 9 | | REFERENCE TITLE: criminal justice monies; penalty assessments. |
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| 10 | 10 | | State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session 2022 |
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| 11 | 11 | | HB 2133 |
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| 12 | 12 | | Introduced by Representative Kavanagh |
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| 14 | 14 | | REFERENCE TITLE: criminal justice monies; penalty assessments. |
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| 24 | 24 | | State of Arizona |
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| 26 | 26 | | House of Representatives |
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| 27 | 27 | | |
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| 28 | 28 | | Fifty-fifth Legislature |
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| 30 | 30 | | Second Regular Session |
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| 32 | 32 | | 2022 |
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| 38 | 38 | | HB 2133 |
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| 42 | 42 | | Introduced by |
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| 44 | 44 | | Representative Kavanagh |
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| 50 | 50 | | AN ACT |
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| 54 | 54 | | amending sections 12-116.09 and 41-2401, Arizona Revised Statutes; relating to criminal justice monies. |
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| 60 | 60 | | (TEXT OF BILL BEGINS ON NEXT PAGE) |
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| 64 | 64 | | Be it enacted by the Legislature of the State of Arizona: Section 1. Section 12-116.09, Arizona Revised Statutes, is amended to read: START_STATUTE12-116.09. Assessment; victims' rights enforcement A. In addition to any other penalty assessment provided by law, a penalty assessment shall be levied in an amount of two dollars $4 on every fine, penalty and forfeiture imposed and collected by the courts for criminal offenses and any civil penalty imposed and collected for a civil traffic violation and fine, penalty or forfeiture for a violation of the motor vehicle statutes, for any local ordinance relating to the stopping, standing or operation of a vehicle or for a violation of the game and fish statutes in title 17. Notwithstanding any other law, the assessment may not be waived, suspended or delayed. B. The court shall transmit the assessments collected pursuant to this section and a remittance report of the fines, civil penalties and assessments collected pursuant to this section to the county treasurer, except that municipal courts shall transmit the assessments and the remittance report of the fines, civil penalties and assessments to the city or town treasurer. C. The city, town or county treasurer shall transmit the assessments and the remittance report to the state treasurer. The state treasurer shall deposit the assessments in the victims' rights enforcement fund established by section 41-1727. END_STATUTE Sec. 2. Section 41-2401, Arizona Revised Statutes, is amended to read: START_STATUTE41-2401. Criminal justice enhancement fund; minimum balance notification A. The criminal justice enhancement fund is established consisting of monies collected pursuant to section 12-116.01 and monies available from any other source. The state treasurer shall administer the fund. B. On or before November 1 of each year, each department, agency or office that receives monies pursuant to this section shall provide to the Arizona criminal justice commission a report for the preceding fiscal year. The report shall be in a form prescribed by the Arizona criminal justice commission. The report shall set forth the sources of all monies and all expenditures. The report shall not include any identifying information about specific investigations. C. On or before December 1 of each year, the Arizona criminal justice commission shall compile all reports into a single comprehensive report and shall submit a copy of the comprehensive report to the governor, the president of the senate, the speaker of the house of representatives and the director of the joint legislative budget committee. D. On the first day of each month, the state treasurer shall distribute or deposit: 1. 19.09 percent in the department of public safety forensics fund established by section 41-1730. 2. 1.84 percent to the department of juvenile corrections for the treatment and rehabilitation of youth who have committed drug-related offenses. 3. 18.97 percent in the peace officers' training fund established by section 41-1825. 4. 3.45 percent in the prosecuting attorneys' advisory council training fund established by section 41-1830.03. 5. 10.66 percent to the supreme court for the purpose of reducing juvenile crime. 6. 8.29 percent to the department of public safety for allocation to state and local law enforcement authorities for the following purposes: (a) To enhance projects that are designed to prevent residential and commercial burglaries, to control street crime, including the activities of criminal street gangs, and to locate missing children. (b) To provide support to the Arizona automated fingerprint identification system. (c) Operational costs of the criminal justice information system. 7. 10.66 percent to the department of law for allocation to county attorneys for the purpose of enhancing prosecutorial efforts. 8. 6.86 percent to the supreme court for the purpose of enhancing the ability of the courts to process criminal and delinquency cases, orders of protection, injunctions against harassment and any proceeding relating to domestic violence matters, for auditing and investigating persons or entities licensed or certified by the supreme court and for processing judicial discipline cases. Notwithstanding section 12-143, subsection A, the salary of superior court judges pro tempore who are appointed for the purposes provided in this paragraph shall, and the salary of other superior court judges pro tempore who are appointed pursuant to section 12-141 for the purposes provided in this paragraph may, be paid in full by the monies received pursuant to this paragraph. 9. 13.34 percent to the county sheriffs for the purpose of enhancing county jail facilities and operations, including county jails under the jurisdiction of county jail districts. 10. 1.79 percent to the Arizona criminal justice commission. 11. 2.62 percent in the department of public safety forensics fund established by section 41-1730. 12. 2.43 percent to the supreme court for the purpose of providing drug treatment services to adult probationers through the community punishment program established in title 12, chapter 2, article 11. E. Monies distributed pursuant to subsection D, paragraphs 3, 4, 7, 9 and 11 of this section constitute a continuing appropriation. Monies distributed pursuant to subsection D, paragraphs 1, 2, 5, 8, 10 and 12 of this section are subject to legislative appropriation. F. The portion of the monies for direct operating expenses of the department of public safety in subsection D, paragraph 6 of this section is subject to legislative appropriation. The remainder of the monies in subsection D, paragraph 6 of this section, including the portion for local law enforcement, is continuously appropriated. G. The allocation of monies pursuant to subsection D, paragraphs 6, 7, 8 and 9 of this section shall be made in accordance with rules adopted by the Arizona criminal justice commission pursuant to section 41-2405. H. On or before June 30 of each fiscal year, the state treasurer shall notify the joint legislative budget committee and the governor's office of strategic planning and budgeting if less than $45,746,935 is deposited in the criminal justice enhancement fund and available for the purposes described in this section for the current fiscal year. In any fiscal year in which the amount of monies deposited in the fund pursuant to section 12-116.01 or from any other source is less than $45,746,935, the legislature shall appropriate monies from the state general fund in an amount equal to the difference between $45,746,935 and the amount in the fund. END_STATUTE |
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| 66 | 66 | | Be it enacted by the Legislature of the State of Arizona: |
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| 68 | 68 | | Section 1. Section 12-116.09, Arizona Revised Statutes, is amended to read: |
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| 70 | 70 | | START_STATUTE12-116.09. Assessment; victims' rights enforcement |
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| 72 | 72 | | A. In addition to any other penalty assessment provided by law, a penalty assessment shall be levied in an amount of two dollars $4 on every fine, penalty and forfeiture imposed and collected by the courts for criminal offenses and any civil penalty imposed and collected for a civil traffic violation and fine, penalty or forfeiture for a violation of the motor vehicle statutes, for any local ordinance relating to the stopping, standing or operation of a vehicle or for a violation of the game and fish statutes in title 17. Notwithstanding any other law, the assessment may not be waived, suspended or delayed. |
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| 74 | 74 | | B. The court shall transmit the assessments collected pursuant to this section and a remittance report of the fines, civil penalties and assessments collected pursuant to this section to the county treasurer, except that municipal courts shall transmit the assessments and the remittance report of the fines, civil penalties and assessments to the city or town treasurer. |
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| 76 | 76 | | C. The city, town or county treasurer shall transmit the assessments and the remittance report to the state treasurer. The state treasurer shall deposit the assessments in the victims' rights enforcement fund established by section 41-1727. END_STATUTE |
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| 78 | 78 | | Sec. 2. Section 41-2401, Arizona Revised Statutes, is amended to read: |
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| 80 | 80 | | START_STATUTE41-2401. Criminal justice enhancement fund; minimum balance notification |
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| 82 | 82 | | A. The criminal justice enhancement fund is established consisting of monies collected pursuant to section 12-116.01 and monies available from any other source. The state treasurer shall administer the fund. |
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| 84 | 84 | | B. On or before November 1 of each year, each department, agency or office that receives monies pursuant to this section shall provide to the Arizona criminal justice commission a report for the preceding fiscal year. The report shall be in a form prescribed by the Arizona criminal justice commission. The report shall set forth the sources of all monies and all expenditures. The report shall not include any identifying information about specific investigations. |
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| 86 | 86 | | C. On or before December 1 of each year, the Arizona criminal justice commission shall compile all reports into a single comprehensive report and shall submit a copy of the comprehensive report to the governor, the president of the senate, the speaker of the house of representatives and the director of the joint legislative budget committee. |
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| 88 | 88 | | D. On the first day of each month, the state treasurer shall distribute or deposit: |
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| 90 | 90 | | 1. 19.09 percent in the department of public safety forensics fund established by section 41-1730. |
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| 92 | 92 | | 2. 1.84 percent to the department of juvenile corrections for the treatment and rehabilitation of youth who have committed drug-related offenses. |
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| 94 | 94 | | 3. 18.97 percent in the peace officers' training fund established by section 41-1825. |
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| 95 | 95 | | |
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| 96 | 96 | | 4. 3.45 percent in the prosecuting attorneys' advisory council training fund established by section 41-1830.03. |
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| 98 | 98 | | 5. 10.66 percent to the supreme court for the purpose of reducing juvenile crime. |
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| 100 | 100 | | 6. 8.29 percent to the department of public safety for allocation to state and local law enforcement authorities for the following purposes: |
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| 102 | 102 | | (a) To enhance projects that are designed to prevent residential and commercial burglaries, to control street crime, including the activities of criminal street gangs, and to locate missing children. |
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| 104 | 104 | | (b) To provide support to the Arizona automated fingerprint identification system. |
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| 106 | 106 | | (c) Operational costs of the criminal justice information system. |
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| 108 | 108 | | 7. 10.66 percent to the department of law for allocation to county attorneys for the purpose of enhancing prosecutorial efforts. |
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| 110 | 110 | | 8. 6.86 percent to the supreme court for the purpose of enhancing the ability of the courts to process criminal and delinquency cases, orders of protection, injunctions against harassment and any proceeding relating to domestic violence matters, for auditing and investigating persons or entities licensed or certified by the supreme court and for processing judicial discipline cases. Notwithstanding section 12-143, subsection A, the salary of superior court judges pro tempore who are appointed for the purposes provided in this paragraph shall, and the salary of other superior court judges pro tempore who are appointed pursuant to section 12-141 for the purposes provided in this paragraph may, be paid in full by the monies received pursuant to this paragraph. |
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| 112 | 112 | | 9. 13.34 percent to the county sheriffs for the purpose of enhancing county jail facilities and operations, including county jails under the jurisdiction of county jail districts. |
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| 114 | 114 | | 10. 1.79 percent to the Arizona criminal justice commission. |
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| 116 | 116 | | 11. 2.62 percent in the department of public safety forensics fund established by section 41-1730. |
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| 118 | 118 | | 12. 2.43 percent to the supreme court for the purpose of providing drug treatment services to adult probationers through the community punishment program established in title 12, chapter 2, article 11. |
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| 119 | 119 | | |
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| 120 | 120 | | E. Monies distributed pursuant to subsection D, paragraphs 3, 4, 7, 9 and 11 of this section constitute a continuing appropriation. Monies distributed pursuant to subsection D, paragraphs 1, 2, 5, 8, 10 and 12 of this section are subject to legislative appropriation. |
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| 122 | 122 | | F. The portion of the monies for direct operating expenses of the department of public safety in subsection D, paragraph 6 of this section is subject to legislative appropriation. The remainder of the monies in subsection D, paragraph 6 of this section, including the portion for local law enforcement, is continuously appropriated. |
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| 124 | 124 | | G. The allocation of monies pursuant to subsection D, paragraphs 6, 7, 8 and 9 of this section shall be made in accordance with rules adopted by the Arizona criminal justice commission pursuant to section 41-2405. |
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| 125 | 125 | | |
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| 126 | 126 | | H. On or before June 30 of each fiscal year, the state treasurer shall notify the joint legislative budget committee and the governor's office of strategic planning and budgeting if less than $45,746,935 is deposited in the criminal justice enhancement fund and available for the purposes described in this section for the current fiscal year. In any fiscal year in which the amount of monies deposited in the fund pursuant to section 12-116.01 or from any other source is less than $45,746,935, the legislature shall appropriate monies from the state general fund in an amount equal to the difference between $45,746,935 and the amount in the fund. END_STATUTE |
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