SB 1158 — sentencing; court debts; fine mitigation

SB1158 - 531R - IS Ver       REFERENCESenate TITLE:Engrossed       State of Arizona Senate Fifty-third Legislature First Regular Session     SENATE BILL 1158       AN ACT   amending sections 12‑114.01, 12‑116.01 and 12‑116.02, Arizona Revised Statutes;

sentencing;

court debts;

fine mitigation       State of Arizona Senate Fifty-third Legislature First Regular Session     SB 1158   Introduced by Senators Borrelli:

Bradley, Peshlakai, Quezada, Worsley;

Representatives Barton, Stringer     AN ACT   amending sections 12‑114.01, 12‑116.01 and 12‑116.02, Arizona Revised Statutes;

amending sectionssection 28‑1389 and 41‑2419, Arizona Revised Statutes;

C.  In addition to any penalty provided by law, a surcharge shall be levied through December 31, 2011 in an amount of seven per cent, and beginning January 1, 2012 in an amount of six per cent, percent 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.

7.  If the conviction is for a misdemeanor, in addition to any sentence authorized by law, a term of:

START_STATUTE13-810.  Consequences of nonpayment of fines, fees, assessments, restitution or incarceration costs A.  In addition to any other remedy provided by law, including a writ of execution or other civil enforcement, if a defendant who is sentenced to pay a fine, a fee, an assessment or incarceration costs defaults in the payment of the fine, fee, assessment or incarceration costs or of any installment as ordered, the clerk of the court imposing the fine, fee,fee assessment or incarceration costs shall notify the prosecutor and the sentencing court.  The court, on motion of the prosecuting attorney or on its own motion, shall require the defendant to show cause why the defendant's default should not be treated as contempt and may issue a summons or a warrant of arrest for the defendant's appearance.

G.  IF A DEFENDANT IS SENTENCED TO PAY A FINE, FEE, ASSESSMENT, RESTITUTION OR INCARCERATION COSTS, THE CLERK OF THE SENTENCING COURT, ON REQUEST, SHALL MAKE THE DEFENDANT'S PAYMENT HISTORY AVAILABLE TO THE PROSECUTOR, VICTIM, VICTIM'S ATTORNEY, PROBATION DEPARTMENT AND COURT WITHOUT COST.

B.  ForB.  THIS theSECTION purposesDOES ofNOT thisAPPLY section,TO "monetaryTHE obligation"SURCHARGE meansIMPOSED aAND fine,COLLECTED aPURSUANT civilTO penalty,SECTION a16-954, surcharge,SUBSECTION aA. fee, an assessment or incarceration costs.

C.  For the purposes of this section, "monetary obligation" means a fine, a civil penalty, a surcharge, a fee, an assessment or incarceration costs.

community restitution waiver or mitigation A.  NotwithstandingA.  Unless anyotherwise otherprovided by law, a judge may mitigate a civil penaltypenalty, forfeiture or a fine if the payment would work a hardship on the person who is ordered to pay the civil penaltypenalty, forfeiture or fine or on the person's immediate family.  If a civil penalty or fine is mitigated, the amount assessed must be divided according to the proportion that the civil penalty and fine as well as the surcharge, fee, forfeiture, assessment and incarceration costs represent to the total amount due.

B.  A judge may waive or mitigate mandatory community restitution due to a defendant's medical condition.condition.  THIS SUBSECTION DOES NOT APPLY TO COMMUNITY RESTITUTION ORDERED PURSUANT TO SECTION 13-824.

C.  THIS SECTION DOES NOT APPLY TO THE SURCHARGE IMPOSED AND COLLECTED PURSUANT TO SECTION 16-954, SUBSECTION A.

END_STATUTE Sec. 17.  Section 28-1389,41-2419, Arizona Revised Statutes, is amended to read:

START_STATUTE28-1389.  Waiver of fine, surcharge or assessment Except for the mitigation of a fine pursuant to section 13‑826, the court shall not waive a fine or assessment imposed pursuant to this article or a surcharge imposed pursuant to section 12‑116.01 or 12‑116.02 for a conviction of an offense listed in this article.

END_STATUTE Sec. 18.  Section 41-2419, Arizona Revised Statutes, is amended to read:

END_STATUTE Sec. 19.  EffectiveSec. 18.  Effective date This act is effective from and after December 31, 2017.