BOYER FLOOR AMENDMENT
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2459
(Reference to printed bill)
Page 8, between lines 33 and 34, insert:
"Sec. 18. Section 22-211, Arizona Revised Statutes, is amended to read:
22-211. Procedure and practice
The law governing procedure and practice in the superior court so far as applicable and when not otherwise specially prescribed, shall govern procedure and practice in justice of the peace courts."
Renumber to conform
Page 9, between lines 24 and 25, insert:
"Sec. 22. Section 22-216, Arizona Revised Statutes, is amended to read:
22-216. Allegations required to be made by written and signed pleading
A. An answer or other pleading made in a justice of the peace court which that alleges any of the following matters shall be in writing, and signed and verified by affidavit:
1. That the action is not commenced in the proper county or precinct.
2. That the plaintiff has no legal capacity to sue.
3. That THE plaintiff is not entitled to recover in the capacity in which he THE PLAINTIFF sues.
4. That there is another action pending in this state between the same parties for the same cause of action or counterclaim.
5. That there is a defect of parties, plaintiff or defendant.
6. That THE plaintiffs or defendants, suing or sued as partners, are not partners as alleged.
7. That THE plaintiff or defendant, suing or sued as a corporation, is not a corporation as alleged.
8. That a written instrument purporting to be signed by him and relied on by the other party, was not executed by him or by his authority.
9. That the endorsement or assignment of a written instrument pleaded by the adverse party was not executed by the party by whom it purports to have been executed or by his THAT PARTY'S authority.
10. That a written instrument pleaded by the adverse party is without consideration or that the consideration has failed in whole or in part.
11. That an account pleaded by the adverse party and verified by affidavit is not just, and in such case the answer shall set forth the items and particulars which THAT are unjust.
B. In an action to foreclose a mortgage or enforce a lien on personal property the pleadings shall be in writing."
Renumber to conform
Page 10, line 43, after "court" strike remainder of line insert a period; strike line 44
Page 14, between lines 2 and 3, insert:
"Sec. 38. Section 22-311, Arizona Revised Statutes, is amended to read:
22-311. Commencement of action; arrest or summons; examination of witnesses
A. All proceedings and actions before justice of the peace courts for public offenses of which such courts have jurisdiction shall be commenced by complaint, under oath, setting forth the offense charged, with such particulars of time, place, person and property as to enable THE defendant to understand distinctly the character of the offense complained of and to answer the complaint.
B. If the justice of the peace is satisfied that the offense complained of was committed by the person charged, he THE JUSTICE shall issue a summons or a warrant of arrest. Before issuing a summons or warrant of arrest on a complaint the justice may subpoena and examine witnesses as to the truth of the complaint."
Renumber to conform
Page 14, between lines 7 and 8, insert:
"Sec. 40. Section 22-313, Arizona Revised Statutes, is amended to read:
22-313. Procedure
The rules of criminal procedure for the superior court, including the provisions regarding bail, issuance of subpoenas and punishment for disobedience thereof, shall apply to justice of the peace courts so far as applicable and when not otherwise prescribed."
Renumber to conform
Page 15, between lines 32 and 33, insert:
"Sec. 50. Section 22-405, Arizona Revised Statutes, is amended to read:
22-405. Collection of fines
A. A municipal court may enforce the collection of monies owed to the municipal court for delinquent fines, fees, sanctions, penalties and restitution through execution or another appropriate process. The action shall be filed in the municipal court and shall be conducted in the same manner as civil actions in justice of the peace courts.
B. A peace officer may serve writs or other process that are issued pursuant to this section. The peace officer shall abide by the procedure for service of process that is established by court rule.
Sec. 51. Section 22-406, Arizona Revised Statutes, is amended to read:
22-406. Civil action to recover penalty; procedure
The city or town may maintain a civil action in the municipal court for the recovery of a penalty or forfeiture provided for the violation of an ordinance. The action shall be brought and conducted as civil actions in justice of the peace courts."
Renumber to conform
Page 15, between lines 37 and 38, insert:
"Sec. 53. Section 22-425, Arizona Revised Statutes, is amended to read:
22-425. Jury trials and appeals in municipal courts
A. In the trial of offenses for violation of ordinances of cities or towns of such a nature as by the common law were not triable before a jury, no jury trial shall be granted.
B. Either party may appeal from a municipal court to the superior court in the same manner as appeals are allowed from justice of the peace courts."
Renumber to conform
Page 17, strike lines 4 through 11
Renumber to conform
Page 18, after line 18, insert:
"Sec. 61. Section 22-601, Arizona Revised Statutes, is amended to read:
22-601. Homeless court establishment; eligibility for referral
A. The presiding judge of the superior court in each county may establish a homeless court to adjudicate cases filed in a justice of the peace court or a municipal court in the county.
B. The presiding judge of the superior court shall establish the eligibility criteria for referral to the homeless court.
C. A justice of the peace or municipal court judge who has jurisdiction over a case that meets the eligibility criteria may refer the case to the homeless court.
D. The originating court shall notify the prosecutor of any criminal case referred to the homeless court.
Sec. 62. Section 22-602, Arizona Revised Statutes, is amended to read:
22-602. Homeless court jurisdiction; judicial officer's authority to adjudicate
A. The originating justice of the peace court or municipal court shall maintain jurisdiction of a case that is referred to the homeless court pursuant to section 22‑601.
B. Any judicial officer in the county where the offense occurred shall have the authority to adjudicate a case referred to the homeless court.
Sec. 63. Effective date
This act is effective from and after December 31, 2013."
Amend title to conform
Paul Boyer |