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REFERENCE TITLE: criminal restitution order |
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State of Arizona House of Representatives Fiftieth Legislature Second Regular Session 2012
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HB 2556 |
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Introduced by Representative Vogt
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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, 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.
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 shall be recorded and enforced 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.
D. F. A criminal restitution order is a criminal penalty for the purposes of a federal bankruptcy involving the defendant.