HB 2825 — fines; fees; assessments; restitution; nonpayment

Fifty-seventhHouse LegislatureEngrossed Governmentfines; Second Regular Session H.B.

2825fees; PROPOSED HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B.

2825assessments; (Reference to printed bill) Amendment instruction key:

[GREENrestitution; UNDERLINING IN BRACKETS] indicates text added to statute or previously enacted session law.

[Greennonpayment underliningState inof brackets]Arizona indicatesHouse textof addedRepresentatives toFifty-seventh newLegislature sessionSecond lawRegular orSession textHOUSE restoringBILL existing2825 law.AN ACT AMENDING SECTION 13-810, ARIZONA REVISED STATUTES;

[GREENRELATING STRIKEOUTTO INFINES. BRACKETS] indicates new text removed from statute or previously enacted session law.

[Green(TEXT strikeoutOF inBILL brackets]BEGINS indicatesON textNEXT removedPAGE) from- existingi statute,- previouslyH.B. enacted session law or new session law.

<<Green2825 carets>>Be indicateit aenacted sectionby addedthe toLegislature of the bill.State of Arizona:

<<Green strikeout in carets>> indicates a section removed from the bill.

The bill as proposed to be amended is reprinted as follows:

In addition to any other remedy provided by law, including a writ of execution or other civil enforcement, if a defendant who is ordered to pay restitution defaults in the payment of the restitution or of any installment as ordered, the court, on motion of the prosecuting attorney, on petition of any person entitled to restitution pursuant to a court order 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 AT A HEARING TO DETERMINE THE DEFENDANT'S ABILITY TO PAY THE PREVIOUSLY HouseORDERED AmendmentsRESTITUTION. to H.B.

2825 ORDERED RESTITUTION.

At any hearing on the order to show cause FOR NONPAYMENT OF A FINE, A SURCHARGE, A FEE, AN ASSESSMENT, RESTITUTION OR INCARCERATION COSTS, the court, the prosecuting attorney or a person entitled to restitution- may1 examine- theH.B. defendant under oath concerning the defendant's financial condition, employment and assets or on any other matter relating to the defendant's ability to pay restitution.

2825 restitution may examine the defendant under oath concerning the defendant's financial condition, employment and assets or on any other matter relating to the defendant's ability to pay restitution.

-2-2. House Amendments to H.B.

2825 2.

IF THE PERSON OR PERSONS AUTHORIZED TO MAKE DISBURSEMENT FROM THE ASSETS OF THE ENTERPRISE FAIL TO MAKE THE PAYMENT, THE- COURT,2 ON- MOTIONH.B. OF THE PROSECUTING ATTORNEY, ON PETITION OF ANY PERSON ENTITLED TO RESTITUTION PURSUANT TO A COURT ORDER OR ON ITS OWN MOTION, SHALL REQUIRE THE DEFENDANT TO SHOW CAUSE WHY THE DEFENDANT'S DEFAULT SHOULD NOT BE TREATED AS CONTEMPT.

2825 THE COURT, ON MOTION OF THE PROSECUTING ATTORNEY, ON PETITION OF ANY PERSON ENTITLED TO RESTITUTION PURSUANT TO A COURT ORDER OR ON ITS OWN MOTION, SHALL REQUIRE THE DEFENDANT TO SHOW CAUSE WHY THE DEFENDANT'S DEFAULT SHOULD NOT BE TREATED AS CONTEMPT.

-3-1. House Amendments to H.B.

2825 1.

A DEFENDANT MAY NOT MOVE TO SET ASIDE A SECOND DEFAULT JUDGMENT THAT IS ENTERED [WITHINWITHIN ONE YEAR OF A PRIOR DEFAULT JUDGMENT]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.

2.- 3 - H.B.

2825 2.

Enroll- and4 engross- to conform Amend title to conform WALT BLACKMAN 2825BLACKMAN.docx 02/03/2026 11:40 AM C:

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