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House Engrossed |
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State of Arizona House of Representatives Fiftieth Legislature Second Regular Session 2012
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HOUSE BILL 2556 |
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AN ACT
amending section 13-805, Arizona Revised Statutes; relating to criminal restitution.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-805, Arizona Revised Statutes, is amended to read:
13-805. Jurisdiction
A. The trial court shall retain jurisdiction of the case for purposes of ordering, modifying and enforcing the manner in which court‑ordered payments are made until paid in full or until the defendant's sentence expires.
B. At the time the defendant is ordered to pay restitution by the superior court, the court may enter a criminal restitution order in favor of each person who is entitled to restitution for the unpaid balance of any restitution order.
C. At the time the defendant completes the defendant's period of probation or the defendant's sentence or the defendant absconds from probation or the defendant's sentence, the court shall enter both:
1. A criminal restitution order in favor of the state for the unpaid balance, if any, of any fines, costs, incarceration costs, fees, surcharges or assessments imposed.
2. A criminal restitution order in favor of each person entitled to restitution for the unpaid balance of any restitution ordered, IF A CRIMINAL RESTITUTION ORDER IS NOT ISSUED PURSUANT TO SUBSECTION B OF THIS SECTION.
B. D. The clerk of the court shall notify each person who is entitled to restitution of the criminal restitution order.
C. E. A criminal restitution order may be recorded and enforced is enforceable as any civil judgment, except that a criminal restitution order does not require renewal pursuant to section 12‑1611 or 12‑1612. Enforcement of a criminal restitution order by any person who is entitled to restitution or by the state includes the collection of interest that accrues at a rate of ten per cent per annum. A criminal restitution order does not expire until paid in full.
F. All monies paid pursuant to a criminal restitution order entered by the superior court shall be paid to the clerk of the superior court.
G. Monies received as a result of a criminal restitution order entered pursuant to this section shall be distributed in the following order of priority:
1. Restitution ordered that is reduced to a criminal restitution order.
2. Associated interest.
H. The interest accrued pursuant to subsection e of this section does not apply to fees imposed for collection of the court ordered payments.
D. I. A criminal restitution order is a criminal penalty for the purposes of a federal bankruptcy involving the defendant.
Sec. 2. Applicability
Section 13-805, subsection G, Arizona Revised Statutes, as amended by this act applies to all unpaid criminal restitution orders in effect on the effective date of this act.
Sec. 3. Effective date
Section 13-805, Arizona Revised Statutes, as amended by this act, is effective from and after March 31, 2013.