HB2259 - 531R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 12-114.01, Arizona Revised Statutes, is amended to read:

START_STATUTE12-114.01. Probation assessment; deposit

A. Except as provided in section 12‑269, in addition to any other penalty, fine, fee, surcharge or assessment authorized by law, a person shall pay an assessment of twenty dollars on conviction for a criminal offense or a finding of responsibility for a civil traffic violation, for a violation of any local ordinance relating to the stopping, standing or operation of a vehicle, except parking violations, or for a violation of the game and fish statutes in title 17.

B. The monies collected pursuant to this section shall be deposited, pursuant to sections 35‑146 and 35‑147, in the judicial collection enhancement fund established by section 12‑113 to be used to supplement monies currently used for the salaries of adult and juvenile probation and surveillance officers and for support of programs and services of the superior court adult and juvenile probation departments.

C. The court may waive all or part of the assessment in the same manner and subject to the same limitations provided for the waiver of surcharges in section 12‑116.01, subsection F and section 12‑116.02, subsection D E. END_STATUTE

Sec. 2. Section 12-116.02, Arizona Revised Statutes, is amended to read:

START_STATUTE12-116.02. Additional surcharges; fund deposits

A. In addition to any penalty provided by law, there shall be levied a surcharge shall be levied in an amount of thirteen per cent percent on every fine, penalty and forfeiture imposed and collected by the courts for criminal offenses and civil penalties imposed and collected for a civil traffic violation and fine, penalty or forfeiture for a violation of the motor vehicle statutes, for a violation of 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.

B. In addition to any penalty provided by law, a surcharge shall be levied in an amount of fourteen dollars on every fine, penalty and forfeiture imposed and collected by the courts for criminal offenses and civil penalties imposed and collected for a civil traffic violation and fine, penalty or forfeiture for a violation of the motor vehicle statutes, for a violation of 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.

B. C. If any deposit of bail or bond or deposit for an alleged civil traffic violation is to be made for a violation, the court shall require a sufficient amount to include the surcharge surcharges prescribed in this section for forfeited bail, bond or deposit. If bail, bond or deposit is forfeited, the court shall transmit the amount of such surcharge shall be transmitted by the court surcharges pursuant to subsection F G of this section. If bail, bond or deposit is returned, the surcharge surcharges made pursuant to this article shall also be returned.

C. D. After addition of the surcharge surcharges, the courts may round the total amount due to the nearest one‑quarter dollar.

D. E. The judge may waive all or part of the civil penalty, fine, forfeiture and surcharge surcharges, except for civil penalties and fines that are mandatory, the payment of which would work a hardship on the persons convicted or adjudicated or on their immediate families. If a fine or civil penalty is mandatory, the judge may waive only all or part of the surcharge surcharges prescribed by subsection subsections A and B of this section and section 12‑116.01. If a fine or civil penalty is not mandatory and if a portion of the civil penalty, fine, forfeiture and surcharge surcharges is waived or suspended, the amount assessed must be divided according to the proportion that the civil penalty, fine, bail or bond and the surcharge surcharges represent of the total amount due.

E. F. The surcharge surcharges imposed by this section shall be applied to the base fine, civil penalty or forfeiture and not to any other surcharge imposed.

F. G. After a determination by the court of the amount due, the court shall transmit, on the last day of each month, the surcharges collected pursuant to subsections A, and B and C of this section and a remittance report of the fines, civil penalties, assessments and surcharges collected pursuant to subsections A, and B and C of this section to the county treasurer, except that municipal courts shall transmit the surcharges and the remittance report of the fines, civil penalties, assessments and surcharges to the city treasurer.

G. H. The appropriate authorities prescribed in subsection G of this section shall transmit the thirteen per cent percent surcharge as required in subsection A of this section shall be transmitted by the appropriate authorities prescribed in subsection F of this section to the state treasurer on or before the fifteenth day of each month for deposit in the medical services enhancement fund established by section 36‑2219.01.

I. The appropriate authorities prescribed in subsection G of this section shall transmit the fourteen dollar surcharge prescribed by subsection B of this section to the state treasurer on or before the fifteenth day of each month for deposit in the crime laboratory operations fund established by section 41‑1772.

H. J. Partial payments of the amount due shall be transmitted as required in subsections F G, and G H and I of this section and shall be divided according to the proportion that the civil penalty, fine, bail or bond and the surcharge surcharges represent of the total amount due. END_STATUTE

Sec. 3. Section 28-3396, Arizona Revised Statutes, is amended to read:

START_STATUTE28-3396. Court diversion fee

A. The presiding judge of each court shall:

1. Set the amount of the court diversion fee that an individual who attends a defensive driving school may be assessed.

2. Charge an individual a forty‑five dollar surcharge if the individual attends a defensive driving school.

3. 2. Immediately inform the supreme court in writing of the amount of the court diversion fee that is established for the court and the total cost to attend a defensive driving school.

4. 3. Immediately inform the supreme court in writing of any changes in the total cost to attend a defensive driving school.

B. Payment of the court diversion fee and surcharge is in lieu of payment of a civil penalty or criminal fine and any surcharge that are is imposed for a traffic violation.

C. The driving school shall collect the court diversion fee and surcharge before or at the time an individual attends the school. On receipt of the diversion fee, the defensive driving school shall transmit the fee promptly to the appropriate court pursuant to procedures prescribed by the supreme court. On receipt of the surcharge, the defensive driving school shall transmit the surcharge promptly to the state treasurer for deposit, pursuant to sections 35‑146 and 35‑147, as follows:

1. The first ten million four hundred thousand dollars in revenue annually in the crime laboratory operations fund established by section 41‑1772.

2. All remaining money in the state general fund. END_STATUTE

Sec. 4. Section 41-1772, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1772. Crime laboratory operations fund

A. The crime laboratory operations fund is established consisting of surcharge monies deposited pursuant to section 28‑3396 12‑116.02 and monies deposited pursuant to section 41‑2401, subsection D, paragraph 11. The department shall administer the fund.

B. Subject to legislative appropriation, monies in the fund shall be used for crime laboratory or other department operations. END_STATUTE