First Regular Session H.B. 2402
SENATE AMENDMENTS TO H.B. 2402
(Reference to House engrossed bill)
Strike everything after the enacting clause and insert:
"Section 1. Section 12-114.01, Arizona Revised Statutes, is amended to read:
12-114.01. Probation assessment; deposit; mitigation
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 mitigate all or part of the assessment in the same manner and subject to the same limitations provided for the waiver of surcharges in the mitigation of a civil penalty, forfeiture or fine pursuant to section 12‑116.01, subsection F and section 12‑116.02, subsection D 13‑826.
Sec. 2. Section 12-116.01, Arizona Revised Statutes, is amended to read:
12-116.01. Surcharges; fund deposits
A. In addition to any penalty provided by law, a surcharge shall be levied in an amount of forty‑seven per cent percent on every fine, penalty and forfeiture imposed and collected by the courts for criminal offenses and any civil penalty imposed and collected for a civil traffic violation and fine, penalty or forfeiture for a violation of the motor vehicle statutes, for 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 seven per cent percent on every fine, penalty and forfeiture imposed and collected by the courts for criminal offenses and any civil penalty imposed and collected for a civil traffic violation and fine, penalty or forfeiture for a violation of the motor vehicle statutes, for 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.
C. In addition to any penalty provided by law, a surcharge shall be levied through December 31, 2011 in an amount of seven per cent, and beginning January 1, 2012 in an amount of six per cent, percent on every fine, penalty and forfeiture imposed and collected by the courts for criminal offenses and any civil penalty imposed and collected for a civil traffic violation and fine, penalty or forfeiture for a violation of the motor vehicle statutes, for 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.
D. 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 prescribed in this section for forfeited bail, bond or deposit. If bail, bond or deposit is forfeited, the court shall transmit the amount of the surcharge pursuant to subsection H G of this section. If bail, bond or deposit is returned, the surcharge made pursuant to this article shall also be returned.
E. After addition of the surcharge, the courts may round the total amount due to the nearest one‑quarter dollar.
F. The judge may waive all or part of the civil penalty, fine, forfeiture and surcharge, except for mandatory civil penalties and fines, 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 surcharges prescribed by subsections A, B and C of this section and section 12‑116.02. If a fine or civil penalty is not mandatory and if a portion of the civil penalty, fine, forfeiture and surcharge 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 represent of the total amount due.
G. F. The surcharge imposed by this section shall be applied to the base fine, civil penalty or forfeiture and not to any other surcharge imposed.
H. 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, B, C and D of this section and a remittance report of the fines, civil penalties, assessments and surcharges collected pursuant to subsections A, B, C and D 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.
I. H. The appropriate authorities specified in subsection H G of this section shall transmit the forty‑seven per cent percent surcharge prescribed in subsection A of this section and the remittance report as required in subsection H G of this section to the state treasurer on or before the fifteenth day of each month for deposit in the criminal justice enhancement fund established by section 41‑2401.
J. I. The appropriate authorities specified in subsection H G of this section shall transmit the seven per cent percent surcharge prescribed in subsection B of this section and the remittance report as required in subsection H G of this section to the state treasurer on or before the fifteenth day of each month for allocation pursuant to section 41‑2421, subsection J.
K. J. The appropriate authorities specified in subsection H G of this section shall transmit the surcharge prescribed in subsection C of this section and the remittance report as required in subsection H G of this section to the state treasurer on or before the fifteenth day of each month for deposit in the Arizona deoxyribonucleic acid identification system fund established by section 41‑2419.
L. K. Partial payments of the amount due shall be transmitted as prescribed in subsections G, H, I, and J and K of this section and shall be divided according to the proportion that the civil penalty, fine, bail or bond and the surcharge represent of the total amount due.
Sec. 3. Section 12-116.02, Arizona Revised Statutes, is amended to read:
12-116.02. 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. 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 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 the surcharge shall be transmitted by the court pursuant to subsection F E of this section. If bail, bond or deposit is returned, the surcharge made pursuant to this article shall also be returned.
C. After addition of the surcharge, the courts may round the total amount due to the nearest one‑quarter dollar.
D. The judge may waive all or part of the civil penalty, fine, forfeiture and surcharge, 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 prescribed by subsection A 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 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 represent of the total amount due.
E. D. The surcharge imposed by this section shall be applied to the base fine, civil penalty or forfeiture and not to any other surcharge imposed.
F. E. 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 of this section and a remittance report of the fines, civil penalties, assessments and surcharges collected pursuant to subsections A and B 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. F. The appropriate authorities prescribed in subsection E 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.
H. G. Partial payments of the amount due shall be transmitted as required in subsections E and F and G of this section and shall be divided according to the proportion that the civil penalty, fine, bail or bond and the surcharge represent of the total amount due.
Sec. 4. Title 12, chapter 1, article 2, Arizona Revised Statutes, is amended by adding section 12-137, to read:
12-137. Removal of debt from accounting system; notification
the superior court may order that all or any part of a debt that is due to the court be removed from the court's accounting system if twenty or more years have elapsed from the date of the initial fine or other monetary obligation in a criminal case that resulted in the debt and the court does all of the following:
1. Notifies the prosecutor, and the defendant and the victim if the defendant's and the victim's addresses are known, that the court may remove all or part of the debt from the court's accounting system and that any party or the victim may file an objection to the removal within thirty days after the court makes the notification. The court shall consider any objection in determining whether to remove the debt.
2. Makes reasonable attempts to collect the debt, including billing the debtor on at least four different dates.
3. Submits the debt for collection to a collection agency that is licensed pursuant to title 32, chapter 9 and does not order the removal of the debt for at least one year while the collection agency attempts collection.
4. Notifies the department of revenue of the debt pursuant to section 42-1122.
5. Notifies the county treasurer.
Sec. 5. Section 13-603, Arizona Revised Statutes, is amended to read:
13-603. Authorized disposition of offenders
A. Every person convicted of any offense defined in this title or defined outside this title shall be sentenced in accordance with this chapter and chapters 7, 8 and 9 of this title unless otherwise provided by law.
B. If a person is convicted of an offense, the court, if authorized by chapter 9 of this title, may suspend the imposition or execution of sentence and grant such person a period of probation except as otherwise provided by law. The sentence is tentative to the extent that it may be altered or revoked in accordance with chapter 9 of this title, but for all other purposes it is a final judgment of conviction.
C. If a person is convicted of an offense, the court shall require the convicted person to make restitution to the person who is the victim of the crime or to the immediate family of the victim if the victim has died, in the full amount of the economic loss as determined by the court and in the manner as determined by the court or the court's designee pursuant to chapter 8 of this title. Restitution ordered pursuant to this subsection shall be paid to the clerk of the court for disbursement to the victim and is a criminal penalty for the purposes of a federal bankruptcy involving the person convicted of an offense.
D. If the court imposes probation it may also impose a fine as authorized by chapter 8 of this title.
E. If a person is convicted of an offense and not granted a period of probation, or when probation is revoked, any of the following sentences may be imposed:
1. A term of imprisonment authorized by this chapter or chapter 7 of this title.
2. A fine authorized by chapter 8 of this title. The sentence is tentative to the extent it may be modified or revoked in accordance with chapter 8 of this title, but for all other purposes it is a final judgment of conviction. If the conviction is of a class 2, 3 or 4 felony, the sentence cannot consist solely of a fine.
3. Both imprisonment and a fine.
4. Intensive probation, subject to the provisions of chapter 9 of this title.
5. Intensive probation, subject to the provisions of chapter 9 of this title, and a fine.
6. A new term of probation or intensive probation.
7. If the conviction is for a misdemeanor, in addition to any sentence authorized by law, a term of:
(a) Community restitution pursuant to section 13‑825, subsection A.
(b) Education or treatment pursuant to section 13‑825, subsection B.
F. If an enterprise is convicted of any offense, a fine may be imposed as authorized by chapter 8 of this title.
G. If a person or an enterprise is convicted of any felony, the court may, in addition to any other sentence authorized by law, may order the forfeiture, suspension or revocation of any charter, license, permit or prior approval granted to the person or enterprise by any department or agency of the state or of any political subdivision.
H. A court authorized to pass sentence upon on a person convicted of any offense defined within or without this title shall have a duty to determine and impose the punishment prescribed for such offense.
I. If a person is convicted of a felony offense and the court sentences the person to a term of imprisonment, the court at the time of sentencing shall impose on the convicted person a term of community supervision. The term of community supervision shall be served consecutively to the actual period of imprisonment if the person signs and agrees to abide by conditions of supervision established by the state department of corrections. Except pursuant to subsection J of this section, the term of community supervision imposed by the court shall be for a period equal to one day for every seven days of the sentence or sentences imposed.
J. In calculating the term of community supervision, all fractions shall be decreased to the nearest month, except for a class 5 or 6 felony which shall not be less than one month.
K. Notwithstanding subsection I of this section, if the court sentences a person to serve a consecutive term of probation immediately after the person serves a term of imprisonment, the court may waive community supervision and order that the person begin serving the term of probation upon on the person's release from confinement. The court may retroactively waive the term of community supervision or that part remaining to be served if the community supervision was imposed before July 21, 1997. If the court waives community supervision, the term of probation imposed shall be equal to or greater than the term of community supervision that would have been imposed. If the court does not waive community supervision, the person shall begin serving the term of probation after the person serves the term of community supervision. The state department of corrections shall provide reasonable notice to the probation department of the scheduled release of the inmate from confinement by the department.
L. If at the time of sentencing the court is of the opinion that a sentence that the law requires the court to impose is clearly excessive, the court may enter a special order allowing the person sentenced to petition the board of executive clemency for a commutation of sentence within ninety days after the person is committed to the custody of the state department of corrections. If the court enters a special order regarding commutation, the court shall set forth in writing its specific reasons for concluding that the sentence is clearly excessive. The court shall allow both the state and the victim to submit a written statement on the matter. The court's order, and reasons for its order, and the statements of the state and the victim shall be sent to the board of executive clemency.
Sec. 6. Section 13-805, Arizona Revised Statutes, is amended to read:
13-805. Jurisdiction; criminal restitution; interest
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 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. A criminal restitution order does not affect any other monetary obligation imposed on the defendant pursuant to law.
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.
D. The clerk of the court shall notify each person who is entitled to restitution of the criminal restitution order.
E. A criminal restitution order may be recorded and 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 percent per annum a year. The court may waive all or part of this interest on the agreement of the prosecutor and victim. Enforcement of a criminal restitution order by the state includes the collection of interest that accrues at a rate of four percent a year. A criminal restitution order does not expire until it is 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 court‑ordered payments.
I. A criminal restitution order is a criminal penalty for the purposes of a federal bankruptcy involving the defendant.
Sec. 7. Section 13-810, Arizona Revised Statutes, is amended to read:
13-810. Consequences of nonpayment of fines, fees, assessments, restitution or incarceration costs
A. In addition to any other remedy provided by law, including a writ of execution or other civil enforcement, if a defendant who is sentenced to pay a fine, a fee, an assessment or incarceration costs defaults in the payment of the fine, fee, assessment or incarceration costs or of any installment as ordered, the clerk of the court imposing the fine, fee or incarceration costs shall notify the prosecutor and the sentencing court. The court, on motion of the prosecuting attorney 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.
B. 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 clerk of the court that imposed the restitution shall notify the prosecutor and the sentencing court on a monthly basis. 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.
C. At any hearing on the order to show cause the court, the prosecuting attorney or a person entitled to 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.
D. If the court finds that the defendant has wilfully failed to pay a fine, a fee, an assessment, restitution or incarceration costs or finds that the defendant has intentionally refused to make a good faith effort to obtain the monies required for the payment, the court shall find that the default constitutes contempt and may do one of the following:
1. Order the defendant incarcerated in the county jail until the fine, fee, assessment, restitution or incarceration costs, or a specified part of the fine, fee, assessment, restitution or incarceration costs, is paid.
2. Revoke the defendant's probation, parole or community supervision and sentence the defendant to prison pursuant to law.
3. 2. Enter an order pursuant to section 13‑812. The levy or execution for the collection of a fine, a fee, an assessment, restitution or incarceration costs does not discharge a defendant who is incarcerated for nonpayment of the fine, fee, assessment, restitution or incarceration costs until the amount of the fine, fee, assessment, restitution or incarceration costs is collected.
4. 3. Order the defendant to perform community restitution.
E. If the court finds that the default is not wilful and that the defendant cannot pay despite sufficient good faith efforts to obtain the monies, the court may take any lawful action, including:
1. Modify the manner in which the restitution, fine, fee, assessment or incarceration costs are to be paid.
2. Enter any reasonable order that would assure ensure compliance with the order to pay.
3. Enter an order pursuant to section 13‑812. The levy or execution for the collection of a fine, a fee, an assessment, restitution or incarceration costs does not discharge a defendant incarcerated for nonpayment of the fine, fee, assessment, restitution or incarceration costs until the amount of the fine, fee, assessment, restitution or incarceration costs is collected.
F. If a fine, a fee, an assessment, restitution or incarceration costs are imposed on an enterprise, it is the duty of the person or persons authorized to make disbursement from the assets of the enterprise to pay them from those assets, and their failure to do so shall be held a contempt unless they make the showing required in subsection A or B of this section.
G. IF A DEFENDANT IS SENTENCED TO PAY A FINE, a FEE, an ASSESSMENT, RESTITUTION OR INCARCERATION COSTS, THE CLERK OF THE SENTENCING COURT, ON REQUEST, SHALL MAKE THE DEFENDANT'S PAYMENT HISTORY AVAILABLE TO THE PROSECUTOR, VICTIM, VICTIM'S ATTORNEY, PROBATION DEPARTMENT AND COURT WITHOUT COST.
Sec. 8. Section 13-812, Arizona Revised Statutes, is amended to read:
13-812. Garnishment for nonpayment of fines, fees, assessments, restitution or incarceration costs
A. After a hearing on an order to show cause pursuant to section 13‑810, subsection A or B or after a hearing on a petition to revoke probation pursuant to section 13‑804, subsection E or the rules of criminal procedure, the court may issue a writ of criminal garnishment for any fine, fee, assessment, restitution or incarceration costs.
B. The court may order garnishment for monies that are owed to a victim or the court, the clerk of the court or the prosecuting attorney pursuant to a court order to pay any fine, fee, assessment, restitution or incarceration costs. A writ of criminal garnishment applies to any of the following:
1. The defendant's earnings as defined in section 12‑1598.
2. Indebtedness that is owed to a defendant by a garnishee for amounts that are not earnings.
3. Monies that are held by a garnishee on behalf of a defendant.
4. The defendant's personal property that is in the possession of a garnishee.
5. If the garnishee is a corporation, shares or securities of a corporation or a proprietary interest in a corporation that belongs to a defendant.
6. The defendant's earnings or monies that are held by the state department of corrections while the defendant is in the custody of the department.
Sec. 9. Section 13-824, Arizona Revised Statutes, is amended to read:
13-824. Community restitution in lieu of monetary obligation; definition
A. Notwithstanding any other law, in a municipal or justice court, if a monetary obligation is imposed on a defendant is sentenced to pay a fine, a fee, assessment or incarceration costs at sentencing and the court finds the defendant is unable to pay all or part of the fine, fee, assessment or incarceration costs monetary obligation, the court may order the defendant to perform community restitution in lieu of the payment for all or part of the fine, fee, assessment or incarceration costs monetary obligation. The amount of community restitution shall be equivalent to the amount of the fine, fee or incarceration costs monetary obligation by crediting any service performed at a rate of ten dollars per hour.
B. THIS SECTION DOES NOT APPLY TO THE SURCHARGE IMPOSED AND COLLECTED PURSUANT TO SECTION 16-954, SUBSECTION A.
C. For the purposes of this section, "monetary obligation" means a fine, a civil penalty, a surcharge, a fee, an assessment or incarceration costs.
Sec. 10. Title 13, chapter 8, Arizona Revised Statutes, is amended by adding sections 13-825 and 13‑826, to read:
13-825. Sentence for misdemeanor convictions; community restitution; court‑ordered education or treatment
A. If the court imposes a sentence to perform community restitution for a misdemeanor conviction pursuant to section 13‑603, the court shall determine and fix the sentence for a definite period of time.
B. If the court imposes a sentence for a term of education or treatment for a misdemeanor conviction pursuant to section 13‑603, the term may not exceed the term of probation that is permitted pursuant to section 13‑902, subsection A. The court or the probation officer shall determine the program of education or treatment.
13-826. Mitigation of civil penalty, forfeiture or fine; community restitution waiver or mitigation
A. Unless otherwise provided by law, a judge may mitigate a civil penalty, forfeiture or fine if the payment would work a hardship on the person who is ordered to pay the civil penalty, forfeiture or fine or on the person's immediate family. If a civil penalty, forfeiture or fine is mitigated, the amount assessed must be divided according to the proportion that the civil penalty and fine as well as the surcharge, fee, forfeiture, assessment and incarceration costs represent to the total amount due.
B. A judge may waive or mitigate mandatory community restitution due to a defendant's medical condition. THIS SUBSECTION DOES NOT APPLY TO COMMUNITY RESTITUTION ORDERED PURSUANT TO SECTION 13-824.
C. THIS SECTION DOES NOT APPLY TO THE SURCHARGE IMPOSED AND COLLECTED PURSUANT TO SECTION 16-954, SUBSECTION A.
Sec. 11. Section 13-918, Arizona Revised Statutes, is amended to read:
13-918. Employment; monitoring of wages
A. The intensive probation team shall assist each person under its supervision in obtaining employment.
B. The person's wages shall be paid directly to an account established monitored by the chief adult person's probation officer from which the chief adult probation officer shall make payments for to ensure the collection of restitution, probation fees, fines and other payments. The balance of the monies shall be placed in an account to be used for or paid to the person or his immediate family in a manner and in such amounts as determined by the chief adult probation officer or the court. Any monies remaining in the account at the time the person successfully completes probation shall be paid to the person.
Sec. 12. Section 13-924, Arizona Revised Statutes, is amended to read:
13-924. Probation; earned time credit; applicability
A. The court may adjust the period of a probationer's supervised probation on the recommendation of an adult probation officer for earned time credit.
B. Earned time credit equals twenty days for every thirty days that a probationer does all of the following:
1. Exhibits positive progression toward the goals and treatment of the probationer's case plan.
2. Is current on payments for court ordered restitution and is in compliance with all other nonmonetary obligations.
3. Is current in completing community restitution.
C. Any earned time credit awarded pursuant to this section shall be revoked if a probationer is found in violation of a condition of probation.
D. This section does not apply to a probationer who is currently:
1. On lifetime probation.
2. On probation for any class 2 or 3 felony.
3. On probation exclusively for a misdemeanor offense.
4. Required to register pursuant to section 13‑3821.
E. This section has no effect on the ability of the court to terminate the period of probation or intensive probation pursuant to section 13‑901, subsection E at a time earlier than originally imposed.
Sec. 13. Title 13, chapter 34, Arizona Revised Statutes, is amended by adding section 13-3423, to read:
13-3423. Mitigation of drug fine
Pursuant to section 13‑826, a Judge may mitigate a fine that is imposed as a result of a conviction for a violation of this chapter.
Sec. 14. Section 13-3961, Arizona Revised Statutes, is amended to read:
13-3961. Offenses not bailable; purpose; preconviction; exceptions
A. A person who is in custody shall not be admitted to bail if the proof is evident or the presumption great that the person is guilty of the offense charged and the offense charged is one of the following:
1. A capital offense.
2. Sexual assault.
3. Sexual conduct with a minor who is under fifteen years of age.
4. Molestation of a child who is under fifteen years of age.
5. A serious felony offense if there is probable cause to believe that the person has entered or remained in the United States illegally. For the purposes of this paragraph:
(a) The court shall consider all of the following in making a determination that a person has entered or remained in the United States illegally:
(i) Whether a hold has been placed on the arrested person by the United States immigration and customs enforcement.
(ii) Any indication by a law enforcement agency that the person is in the United States illegally.
(iii) Whether an admission by the arrested person has been obtained by the court or a law enforcement agency that the person has entered or remained in the United States illegally.
(iv) Any information received from a law enforcement agency pursuant to section 13‑3906.
(v) Any evidence that the person has recently entered or remained in the United States illegally.
(vi) Any other relevant information that is obtained by the court or that is presented to the court by a party or any other person.
(b) "Serious felony offense" means any class 1, 2, 3 or 4 felony or any violation of section 28‑1383.
B. The purposes of bail and any conditions of release that are set by a judicial officer include:
1. Assuring the appearance of the accused.
2. Protecting against the intimidation of witnesses.
3. Protecting the safety of the victim, any other person or the community.
C. The initial determination of whether an offense is bailable pursuant to subsection A of this section shall be made by the magistrate or judicial officer at the time of the person's initial appearance.
D. Except as provided in subsection A of this section, a person who is in custody shall not be admitted to bail if the person is charged with a felony offense and the state certifies by motion and the court finds after a hearing on the matter that there is clear and convincing evidence that the person charged poses a substantial danger to another person or the community or engaged in conduct constituting a violent offense, that there is clear and convincing evidence that no condition or combination of conditions of release may be imposed that will reasonably assure the safety of the other person or the community and that the proof is evident or the presumption great that the person committed the offense for which the person is charged. For the purposes of this subsection, "violent offense" means either of the following:
1. A dangerous crime against children.
2. Terrorism.
E. On oral motion of the state, If a court makes an initial determination at the person's initial appearance that subsection D of this section applies and that the person shall not be admitted to bail, the court shall order the hold a hearing required by to determine whether the requirements of subsection D of this section at or within twenty‑four hours of are met. The hearing must be held within seven calendar days after the initial appearance unless the person who is subject to detention or the state moves for a continuance. A continuance that is granted on the motion of the person shall not exceed five calendar days unless there are extenuating circumstances. A continuance on the motion of the state shall be granted only on A finding of good cause shown and shall not exceed twenty‑four hours. The person may waive the right to a hearing. The prosecutor shall provide reasonable notice and an opportunity for victims and witnesses to be present and heard at any hearing. The person may be detained pending the hearing. The person is entitled to representation by counsel and is entitled to present information by proffer or otherwise, to testify and to present witnesses in the person's own behalf. Testimony of the person charged that is given during the hearing shall not be admissible on the issue of guilt in any subsequent judicial proceeding, except as it might relate to the compliance with or violation of any condition of release subsequently imposed or the imposition of appropriate sentence or in perjury proceedings, or for the purposes of impeachment. The case of the person shall be placed on an expedited calendar and, consistent with the sound administration of justice, the person's trial shall be given priority. The person may be admitted to bail in accordance with the Arizona rules of criminal procedure whenever a judicial officer finds that a subsequent event has eliminated the basis for detention.
F. The finding of an indictment or the filing of an information or a complaint does not add to the strength of the proof or the presumption to be drawn.
G. In a hearing held pursuant to subsection D of this section, proof that the person is a criminal street gang member may give rise to the inference that the person poses a substantial danger to another person or the community and that no condition or combination of conditions of release may be imposed that will reasonably assure the safety of the other person or the community.
Sec. 15. Section 22-125, Arizona Revised Statutes, is amended to read:
22-125. Justice of the peace compensation; judicial productivity credits
A. The annual salary of each justice of the peace is determinable on the basis of the total judicial productivity credits of each court as reported in statistics compiled by the Arizona supreme court according to the following formula:
1. Total civil filings, excluding those small claims filings heard by a volunteer hearing officer, divided by ten equals __________ judicial productivity credits. Juvenile hearings pursuant to section 8‑323, excluding juvenile traffic violations, shall be counted as civil filings.
2. Total felony complaint filings divided by ten equals __________ judicial productivity credits.
3. Total misdemeanor filings and filings of a violation of sections 28‑3473 and 28‑3482 divided by ten equals __________ judicial productivity credits.
4. Total traffic filings of a violation of sections 28‑662, through 28‑663, 28‑664, 28‑693, 28‑702.01, 28‑702.04, 28‑708, 28‑1381 and 28‑1382 divided by ten equals __________ judicial productivity credits.
5. Total of all other traffic filings divided by sixty equals ___________ judicial productivity credits.
B. Total judicial productivity credits for a justice of the peace is the sum of the figures computed in subsection A of this section.
C. The board of supervisors shall use the average number of cases filed annually in each justice court for the two year two‑year period ending December 31, 1979 to determine the initial judicial productivity credits for each of the case load caseload categories described in subsection A of this section. The board of supervisors shall compute judicial productivity credits every two years thereafter using the average annual filings for the preceding two year two‑year period.
D. In determining the compensation levels appropriate to the case load caseload of each justice of the peace, the board of supervisors shall use the total judicial productivity credits as follows:
1. Five hundred or more judicial productivity credits, seventy per cent percent of the annual compensation payable to a judge of the superior court.
2. Two hundred to four hundred ninety‑nine total judicial productivity credits, sixty‑five per cent percent of the annual compensation payable to a judge of the superior court.
3. One hundred fifty to one hundred ninety‑nine total judicial productivity credits, fifty‑five per cent percent of the annual compensation payable to a judge of the superior court.
4. One hundred to one hundred forty‑nine total judicial productivity credits, fifty per cent percent of the annual compensation payable to a judge of the superior court.
5. Fifty to ninety‑nine total judicial productivity credits, forty‑five per cent percent of the annual compensation payable to a judge of the superior court.
6. Twenty‑five to forty‑nine total judicial productivity credits, thirty‑five per cent percent of the annual compensation payable to a judge of the superior court.
7. Twenty‑four or fewer total judicial productivity credits, a part‑time case load caseload for one justice of the peace, twenty‑five per cent percent of the annual compensation payable to a judge of the superior court.
E. If a justice court is not assigned clerical help, the board of supervisors shall multiply the total judicial productivity credits by two for purposes of determining compensation.
F. If the board of supervisors divides a justice precinct into two or more precincts, the board shall set the level of compensation consistent with the intent of this section until such time as statistics are available for computation of compensation levels using the formula prescribed by this section.
G. The board of supervisors shall review and adjust the level of compensation for each justice of the peace within the county every two years beginning January 1, 1983.
H. The judicial productivity credits for any justice court precinct shall not exceed twelve hundred credits. If the total judicial productivity credits of a justice court precinct exceed twelve hundred credits, the county board of supervisors shall create sufficient courts, or redraw the justice court precinct boundaries according to section 22‑101, in order to reduce the judicial productivity credits for any precinct which exceeds that limit.
Sec. 16. Title 22, chapter 1, article 2, Arizona Revised Statutes, is amended by adding section 22-126, to read:
22-126. Removal of debt from accounting system; notification
A justice of the peace may order that all or any part of a debt that is due to the justice court be removed from the court's accounting system if twenty or more years have elapsed from the date of the initial fine or other monetary obligation in a criminal or civil traffic case that resulted in the debt and the court does all of the following:
1. Notifies the prosecutor, and the defendant and the victim if the defendant's and the victim's addresses are known, that the court may remove all or part of the debt from the court's accounting system and that any party or the victim may file an objection to the removal within thirty days after the court makes the notification. The court shall consider any objection in determining whether to remove the debt.
2. Makes reasonable attempts to collect the debt, including billing the debtor on at least four different dates.
3. Submits the debt to a collection agency licensed pursuant to title 32, chapter 9 for collection and does not order the removal of the debt for at least one year while the collection agency attempts collection.
4. Notifies the department of revenue of the debt pursuant to section 42-1122.
5. Notifies the county treasurer.
Sec. 17. Title 22, chapter 4, article 1, Arizona Revised Statutes, is amended by adding section 22-410, to read:
22-410. Removal of debt from accounting system; notification
A municipal court may order that all or any part of a debt that is due to the municipal court be removed from the court's accounting system if twenty or more years have elapsed from the date of the initial fine or other monetary obligation in a criminal or civil traffic case that resulted in the debt and the court does all of the following:
1. Notifies the prosecutor, and the defendant and the victim if the defendant's and the victim's addresses are known, that the court may remove all or part of the debt from the court's accounting system and that any party or the victim may file an objection to the removal within thirty days after the court makes the notification. The court shall consider any objection in determining whether to remove the debt.
2. Makes reasonable attempts to collect the debt, including billing the debtor on at least four different dates.
3. Submits the debt to a collection agency licensed pursuant to title 32, chapter 9 for collection and does not order the removal of the debt for at least one year while the collection agency attempts collection.
4. Notifies the department of revenue of the debt pursuant to section 42-1122.
5. Notifies the city treasurer.
Sec. 18. Title 28, chapter 1, article 3, Arizona Revised Statutes, is amended by adding section 28-144, to read:
28-144. Driver license or permit restrictions
Except as otherwise provided by law, a restriction on a person's driver license or permit to drive as a result of a conviction for a violation of this title may limit the person's privilege to drive for any of the following applicable purposes:
1. Between the person's residence and place of employment during specified periods of time while at employment.
2. Between the person's residence or place of employment and the person's school according to the person's employment or education schedule.
3. Between the person's residence, place of employment or school and the office of a health professional as defined in section 32‑3201.
4. Between the person's residence, place of employment or school and a screening, education or treatment facility for scheduled appointments.
5. Between the person's residence, place of employment or school and the office of the person's probation officer for scheduled appointments.
6. Between the person's residence, place of employment or school and a certified ignition interlock device service facility.
7. Between the person's residence and a location designated for the purpose of parenting time as defined in section 25‑401.
8. To transport a dependent person who is living with the driver, between the driver's residence and the dependent person's place of employment, school or medical appointment location.
Sec. 19. Section 28-661, Arizona Revised Statutes, is amended to read:
28-661. Accidents involving death or physical injuries; failure to stop; violation; classification; driver license revocation; restricted privilege to drive; alcohol or other drug screening
A. The driver of a vehicle involved in an accident resulting in injury to or death of a person shall:
1. Immediately stop the vehicle at the scene of the accident or as close to the accident scene as possible but shall immediately return to the accident scene.
2. Remain at the scene of the accident until the driver has fulfilled the requirements of section 28‑663.
B. A driver who is involved in an accident resulting in death or serious physical injury as defined in section 13‑105 and who fails to stop or to comply with the requirements of section 28‑663 is guilty of a class 3 felony, except that if a driver caused the accident the driver is guilty of a class 2 felony.
C. A driver who is involved in an accident resulting in an injury other than death or serious physical injury as defined in section 13‑105 and who fails to stop or to comply with the requirements of section 28‑663 is guilty of a class 5 felony.
D. The sentence imposed on a person for a conviction under this section shall run consecutively to any sentence imposed on the person for other convictions on any other charge related to the accident.
E. The department shall revoke the license or permit to drive and any nonresident operating privilege of a person convicted pursuant to subsection B of this section as follows:
1. For an accident resulting in serious physical injury, five years, not including any time that the person is incarcerated.
2. For an accident resulting in death, ten years, not including any time that the person is incarcerated.
F. Five or more years after the revocation period has begun pursuant to subsection E, paragraph 2 of this section, not including any time that the person is incarcerated, a person may apply to the department for a restricted privilege to drive as described in section 28‑3473, subsection B. The department may issue a restricted privilege to drive as described in section 28‑3473, subsection B 28-144 if the department finds both of the following:
1. The person is not convicted of any offense involving the operation of a motor vehicle while the person's driving privilege is revoked.
2. The person has paid full restitution as ordered by the court.
G. The department shall revoke the license or permit to drive and any nonresident operating privilege of a person convicted pursuant to subsection C of this section for three years.
H. If the court finds by a preponderance of the evidence that the person's use of intoxicating liquor, any drug listed in section 13‑3401, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances was a contributing factor to the accident, the court shall order the person to complete alcohol or other drug screening.
Sec. 20. Section 28-1387, Arizona Revised Statutes, is amended to read:
28-1387. Prior convictions; alcohol or other drug screening, education and treatment; license suspension; supervised probation; civil liability; procedures
A. The court shall allow the allegation of a prior conviction or any other pending charge of a violation of section 28‑1381, 28‑1382 or 28‑1383 or an act in another jurisdiction that if committed in this state would be a violation of section 28‑1381, 28‑1382 or 28‑1383 filed twenty or more days before the date the case is actually tried and may allow the allegation of a prior conviction or any other pending charge of a violation of section 28‑1381, 28‑1382 or 28‑1383 or an act in another jurisdiction that if committed in this state would be a violation of section 28‑1381, 28‑1382 or 28‑1383 filed at any time before the date the case is actually tried if this state makes available to the defendant when the allegation is filed a copy of any information obtained concerning the prior conviction or other pending charge. Any conviction may be used to enhance another conviction irrespective of the dates on which the offenses occurred within the eighty‑four month provision. For the purposes of this article, an order of a juvenile court adjudicating a person delinquent is equivalent to a conviction.
B. In addition to any other penalties prescribed by law, the judge shall order a person who is convicted of a violation of section 28‑1381, 28‑1382 or 28‑1383 to complete alcohol or other drug screening that is provided by a facility approved by the department of health services, the United States department of veterans affairs or a probation department. If a judge determines that the person requires further alcohol or other drug education or treatment, the person may be required pursuant to court order to obtain alcohol or other drug education or treatment under the court's supervision from an approved facility. The judge may review an education or treatment determination at the request of the state, the defendant or the probation officer or on the judge's initiative. The person shall pay the costs of the screening, education or treatment unless, after considering the person's ability to pay all or part of the costs, the court waives all or part of the costs. If a person is referred to a screening, education or treatment facility, the facility shall report to the court whether the person has successfully completed the screening, education or treatment program. The court may accept evidence of a person's completion of alcohol or other drug screening pursuant to section 28‑1445 as sufficient to meet the requirements of this section or section 28‑1381, 28‑1382 or 28‑1383 or may order the person to complete additional alcohol or other drug screening, education or treatment programs. If a person has previously been ordered to complete an alcohol or other drug screening, education or treatment program pursuant to this section, the judge shall order the person to complete an alcohol or other drug screening, education or treatment program unless the court determines that alternative sanctions are more appropriate.
C. After a person who is sentenced pursuant to section 28‑1381, subsection I has served twenty‑four consecutive hours in jail or after a person who is sentenced pursuant to section 28‑1381, subsection K or section 28‑1382, subsection D or E has served forty‑eight consecutive hours in jail and after the court receives confirmation that the person is employed or is a student, the court shall provide in the sentence that the defendant, if the defendant is employed or is a student and can continue the defendant's employment or schooling, may continue the employment or schooling for not more than twelve hours a day nor more than six days a week, unless the court finds good cause to not allow the release and places those findings on the record. The person shall spend the remaining day, days or parts of days in jail until the sentence is served and shall be allowed out of jail only long enough to complete the actual hours of employment or schooling.
D. Unless the license of a person convicted under section 28‑1381 or 28‑1382 has been or is suspended pursuant to section 28‑1321 or 28‑1385, the department on receipt of the abstract of conviction of a violation of section 28‑1381 or 28‑1382 shall suspend the license of the affected person for not less than ninety consecutive days.
E. When the department receives notification that the person meets the criteria provided in section 28‑1385, subsection G, the department shall suspend the driving privileges of the person for not less than thirty consecutive days and shall restrict the person's driving privileges of the person as described in section 28-144 for not less than sixty consecutive additional days. to travel between any of the following:
1. The person's place of employment and residence and during specified periods of time while at employment.
2. The person's place of residence and the person's secondary or postsecondary school, according to the person's employment or educational schedule.
3. The person's place of residence and a screening, education or treatment facility for scheduled appointments.
4. The person's place of residence and the office of the person's probation officer for scheduled appointments.
F. If a person is placed on probation for violating section 28‑1381 or 28‑1382, the probation shall be supervised unless the court finds that supervised probation is not necessary or the court does not have supervisory probation services.
G. Any political subdivision processing or using the services of a person ordered to perform community restitution pursuant to section 28‑1381 or 28‑1382 does not incur any civil liability to the person ordered to perform community restitution as a result of these activities unless the political subdivision or its agent or employee acts with gross negligence.
H. If a person fails to complete the community restitution ordered pursuant to section 28-1381, subsection K or section 28-1382, subsection E, The court may order alternative sanctions to community restitution that is ordered pursuant to section 28‑1381, subsection K or section 28‑1382, subsection E if the court determines that education, treatment or other alternative sanctions are more appropriate.
I. Except for another violation of this article, the state shall not dismiss a charge of violating any provision of this article unless there is an insufficient legal or factual basis to pursue that charge.
Sec. 21. Section 28-1401, Arizona Revised Statutes, is amended to read:
28-1401. Special ignition interlock restricted driver licenses; application fee
A. A person whose class D or class G license has been suspended pursuant to section 28‑1385 or suspended or revoked for a first refusal pursuant to section 28‑1321, a second violation of section 28‑1381 or 28‑1382 or a first violation of section 28‑1383, subsection A, paragraph 3 may apply to the department for a special ignition interlock restricted driver license that allows a person to operate a motor vehicle during the period of suspension or revocation subject to the restrictions prescribed described in section 28‑1402 28‑144 and the certified ignition interlock device requirements prescribed in article 5 of this chapter if the person's privilege to operate a motor vehicle has been suspended or revoked due to an alcohol related offense pursuant to any of the following:
1. Section 28‑1321, if the person meets the criteria of section 28‑1321, subsection P.
2. Section 28‑1381, if the person meets the criteria of section 28‑1381, subsection O and the person presents evidence that is satisfactory to the director and that shows that the person has completed the requirements prescribed in section 28‑1387, subsection B.
3. Section 28‑1382, if the person meets the criteria of section 28‑1382, subsection H and the person presents evidence that is satisfactory to the director and that shows that the person has completed the requirements prescribed in section 28‑1387, subsection B.
4. Section 28‑1383, if the person meets the criteria of section 28‑1383, subsection K and the person presents evidence that is satisfactory to the director and that shows that the person has completed the requirements prescribed in section 28‑1387, subsection B.
5. Section 28‑1385, if the person meets the criteria of section 28‑1385, subsection G.
B. An applicant for a special ignition interlock restricted driver license shall pay an application fee in an amount to be determined by the director.
C. The department shall issue a special ignition interlock restricted driver license during the period of a court ordered restriction pursuant to sections 28‑3320 and 28‑3322 subject to the restrictions prescribed described in section 28‑1402 28‑144 and the certified ignition interlock requirements prescribed in article 5 of this chapter.
D. If the department issues a special ignition interlock restricted driver license, the department shall not delete a suspension or revocation from its records.
E. The granting of a special ignition interlock restricted driver license does not reduce or eliminate the required use of an ignition interlock device pursuant to section 28‑3319.
Sec. 22. Section 28-1402, Arizona Revised Statutes, is amended to read:
28-1402. Issuance of special ignition interlock restricted driver license
A. On application pursuant to section 28‑1401, subsection A the department may, and pursuant to section 28‑1401, subsection C the department shall, issue a special ignition interlock restricted driver license that only allows a person whose class D or class G license has been suspended pursuant to section 28-1385 or suspended or revoked for a first refusal pursuant to section 28‑1321, a second violation of section 28-1381 or 28-1382 or a first violation of section 28‑1383, subsection A, paragraph 3 to operate a motor vehicle that is equipped with a functioning certified ignition interlock device and only as follows:
1. Between the person's place of employment and residence during specified periods of time while at employment.
2. Between the person's place of residence, the person's place of employment and the person's secondary or postsecondary school according to the person's employment or educational schedule.
3. Between the person's place of residence and a screening, education or treatment facility for scheduled appointments.
4. Between the person's place of residence and the office of the person's probation officer for scheduled appointments.
5. Between the person's place of residence and the office of a physician or other health care professional.
6. Between the person's place of residence and a certified ignition interlock device service facility under the restrictions prescribed in section 28-144.
B. The department may only issue a special ignition interlock restricted driver license to an applicant who is otherwise qualified by law.
C. Except as provided in section 28‑1463, if the department suspends, revokes, cancels or otherwise rescinds a person's special ignition interlock restricted license or privilege for any reason, the department shall not issue a new license or reinstate the special ignition interlock restricted driver license during the prescribed period of suspension or revocation or while the person is otherwise ineligible to receive a license.
Sec. 23. Section 28-1601, Arizona Revised Statutes, is amended to read:
28-1601. Failure to pay civil penalty; suspension or restriction of driving privilege; collection procedure
A. A person shall pay all civil penalties within thirty days from entry of judgment, except that if payment within thirty days will place an undue economic burden on a person, the court may extend the time for payment or may provide for installment payments. If the civil penalty is not paid or an installment payment is not made when due, the court may declare the entire civil penalty due and, if so, the court shall do either of the following:
1. Notify the department and the department shall promptly suspend the driver license or permit of the driver, person's driving privilege or the person's application or privilege to apply for a driver license or permit or the privilege of a nonresident to drive a motor vehicle in this state, driving privilege until the civil penalty is paid.
2. Order that the person's driving privilege be restricted as prescribed in section 28‑144 until the civil penalty is paid and notify the department of the restriction.
B. Notwithstanding subsection A of this section, if a civil penalty is paid on entry of judgment, the court may reduce the civil penalty by up to five per cent percent of the penalty imposed.
C. Notwithstanding subsection A of this section, the court shall not initiate collection procedures on an unpaid civil penalty, notify the department to suspend a person's driver license, permit or privilege to drive a motor vehicle in this state or notify the department to refuse to renew a vehicle registration for an unpaid civil traffic violation if all of the following apply:
1. The unpaid civil penalty is for a traffic violation for which the final disposition occurs more than thirty‑six months before the court initiates collection proceedings.
2. The court does not have a paper or electronic record dated within thirty‑six months after the traffic violation occurs indicating that the responsible person was notified that the civil penalty is unpaid and due.
3. The court has not notified the department to suspend the responsible person's driver license or permit or privilege to drive a motor vehicle in this state.
4. The court has not notified either the responsible person or the department about the court's request to the department to refuse to renew the responsible person's vehicle registration pursuant to article 5 of this chapter.
5. The court does not have a record of extending the time for payment of the civil penalty or providing for installment payments.
D. If the court is prohibited from initiating collection procedures on an unpaid civil penalty, from notifying the department to suspend a person's driver license, permit or privilege to drive a motor vehicle in this state or from notifying the department to refuse to renew a vehicle registration, pursuant to subsection C of this section, the court shall notify the department and the department shall remove the violation from the person's driving record.
E. With the approval of the supreme court, the presiding judge of any court may periodically conduct a program aimed at reducing the amount of outstanding fines, penalties and surcharges. Notwithstanding any other law, except a fine ordered as a result of a violation of section 28‑1381 or 28‑1382, the program may include authorizing up to a fifty per cent percent reduction in the total amount of a court ordered fine, penalty or surcharge that is due and that is delinquent for at least twelve months followed by an increased enforcement effort for a fine, penalty or surcharge that is not paid. The supreme court shall adopt rules of procedure for the programs.
F. If penalties are reduced pursuant to subsection E of this section, associated surcharges and assessments shall be reduced in proportion to the reduction. This subsection does not apply to section 12‑116.
G. If a person presents reasonable evidence to the court that a civil penalty and any other fees, fines or surcharges required by the court have been paid, the court shall cease its collection activities for that civil penalty and order the department to immediately rescind its actions related to the court's order or request to suspend the person's driver license, permit or privilege to drive pursuant to subsection A of this section or refuse to renew the person's vehicle registration pursuant to article 5 of this chapter.
Sec. 24. Section 28-2322, Arizona Revised Statutes, is amended to read:
28-2322. License plate requirement for nonresident's foreign vehicle; civil traffic violation
A. A person shall not operate a foreign vehicle owned by a nonresident on a highway and a nonresident owner shall not knowingly permit the foreign vehicle to be operated on a highway unless there is displayed on the vehicle the license plates assigned to the vehicle for the current registration year by the state or country of which the owner is a resident.
B. A person who violates this section is responsible for a civil traffic violation.
Sec. 25. Section 28-2328, Arizona Revised Statutes, is amended to read:
28-2328. Violation; classification
Except as provided in section 28‑2322, a person who violates this article is guilty of a class 2 misdemeanor.
Sec. 26. Section 28-2532, Arizona Revised Statutes, is amended to read:
28-2532. Registration; violation; civil penalties
A. Except as provided in subsection B of this section, a person who is the resident or nonresident owner or operator of a motor vehicle, trailer or semitrailer that is required by law to be registered in this state and that is not registered or does not display license plates assigned by the department for the current registration year and who operates or knowingly permits the vehicle to be operated on a highway is subject to a civil penalty of three hundred dollars notwithstanding section 28‑1598.
B. On proper presentation of evidence of current registration, a person who is charged with a violation of subsection A of this section is subject to a civil penalty of fifty dollars.
C. A court shall not dismiss an action brought under this section merely because the defendant has obtained the appropriate license plates or registration after violating this section. A court may decide not to impose a waive the civil penalty against a defendant for a violation of this section if the defendant was an operator but was not the owner of the motor vehicle, trailer or semitrailer.
Sec. 27. Section 28-3308, Arizona Revised Statutes, is amended to read:
28-3308. Mandatory suspension; failure to appear
On notification by the court that a person failed to appear as directed for a scheduled court appearance after service of the a criminal complaint alleging a violation of a provision of this title, the department shall suspend the person's driver license or nonresident operating privilege until the person appears, the fine or civil penalty is paid or a bond is forfeited. If the person appears and does not pay the person's fines, surcharges or assessments, on notification by the court the department shall suspend the person's driving privileges or restrict the person's driving privileges as described in section 28‑144 until the fines, surcharges and assessments are paid.
Sec. 28. Section 28-3473, Arizona Revised Statutes, is amended to read:
28-3473. Driving on a suspended, revoked or canceled license; classification
A. Except as otherwise provided in this subsection section 28-3482, a person who drives may not operate a motor vehicle on a public highway when If the person's privilege to drive a motor vehicle is suspended, revoked, canceled or refused or when if the person is disqualified from driving.
B. A person who violates this section is guilty of a class 1 misdemeanor. If the suspension is pursuant to section 28‑1601 and the person presents to the court evidence that the person's privilege to drive has been reinstated, the court may dismiss the charge of driving under a suspended driver license.
B. Except for a suspension pursuant to section 28‑1601 or 28‑3308, on receipt of a record of the conviction of a person under this section, the department shall notify a person who is eligible for a restricted privilege to drive pursuant to this section that the person is eligible. The department shall issue a license that restricts the person's privilege to drive as follows:
1. Between the person's place of employment and residence during specified periods of time while at employment.
2. Between the person's place of residence, the person's place of employment and the person's secondary or postsecondary school according to the person's employment or educational schedule.
3. Between the person's place of residence and a screening, education or treatment facility for scheduled appointments.
4. Between the person's place of residence and the office of the person's probation officer for scheduled appointments.
5. Between the person's place of residence and the office of a physician or other health care professional.
6. Between the person's place of residence and a certified ignition interlock device service facility.
C. On application, the department shall issue a driver license that restricts a person's privilege to drive pursuant to subsection B of this section and that is valid for one year only if all of the following apply:
1. The person has completed all requirements of the sentence imposed by the court.
2. The person has satisfied all suspension periods imposed on the person's driver license as a result of the conviction of or a finding of responsibility for a violation of any provision of this title except this section.
3. The person pays the applicable reinstatement fee prescribed by section 28‑3002.
Sec. 29. Section 28-3480, Arizona Revised Statutes, is amended to read:
28-3480. Operation in violation of restriction; classification
A person who operates a motor vehicle in violation of a driver license restriction is guilty of a class 2 misdemeanor, except that if the restriction that is violated is the requirement to wear corrective lenses while operating a motor vehicle, the person is responsible for a civil traffic violation.
Sec. 30. Title 28, chapter 8, article 8, Arizona Revised Statutes, is amended by adding sections 28-3482 and 28-3483, to read:
28-3482. Driving under a license suspended for failure to appear or pay; restricted privilege to drive; dismissal of charge
A. A person may not drive a motor vehicle on a public highway if the person's privilege to drive a motor vehicle is suspended pursuant to section 28‑1601 or 28‑3308.
B. A person who violates this section is responsible for a civil traffic violation.
C. If a person is cited for a violation of this section and the person presents evidence to the court that the person's unrestricted privilege to drive has been reinstated, the court may dismiss the charge of driving under a suspended license.
28-3483. Driving on a suspended license conviction; restricted driving privilege
A person who is convicted of driving on a suspended class D or M license before January 1, 2011 may apply for a restricted privilege to drive on a form prescribed by the director. The department shall issue a restricted privilege to drive that is valid for one year and that limits the person's driving privilege as described in section 28‑144 if the person does all of the following:
1. Completes all requirements of the court‑imposed sentence.
2. Satisfies all suspension periods imposed on the person's driving privilege as a result of a conviction of or a finding of responsibility for a violation of this title.
3. Pays the applicable reinstatement fee as prescribed by section 28‑3002.
Sec. 31. Section 28-3511, Arizona Revised Statutes, is amended to read:
28-3511. Removal and immobilization or impoundment of vehicle; Arizona crime information center database
A. A peace officer shall cause the removal and either immobilization or impoundment of a vehicle if the peace officer determines that:
1. A person is driving the vehicle while any of the following applies:
(a) Except as otherwise provided in this subdivision, the person's driving privilege is suspended or revoked for any reason. A peace officer shall not cause the removal and either immobilization or impoundment of a vehicle pursuant to this subdivision if the person's privilege to drive is valid in this state.
(b) The person has not ever been issued a valid driver license or permit by this state and the person does not produce evidence of ever having a valid driver license or permit issued by another jurisdiction. This subdivision does not apply to the operation of an implement of husbandry.
(c) The person is subject to an ignition interlock device requirement pursuant to chapter 4 of this title and the person is operating a vehicle without a functioning certified ignition interlock device. This subdivision does not apply to the operation of a vehicle due to a substantial emergency as defined in section 28‑1464.
(d) In furtherance of the illegal presence of an alien in the United States and in violation of a criminal offense, the person is transporting or moving or attempting to transport or move an alien in this state in a vehicle if the person knows or recklessly disregards the fact that the alien has come to, has entered or remains in the United States in violation of law.
(e) The person is concealing, harboring or shielding or attempting to conceal, harbor or shield from detection an alien in this state in a vehicle if the person knows or recklessly disregards the fact that the alien has come to, entered or remains in the United States in violation of law.
2. The vehicle is displayed for sale or for transfer of ownership with a vehicle identification number that has been destroyed, removed, covered, altered or defaced.
B. A peace officer shall cause the removal and impoundment of a vehicle if the peace officer determines that a person is driving the vehicle and if all of the following apply:
1. The person's driving privilege is canceled, suspended or revoked for any reason or the person has not ever been issued a driver license or permit by this state and the person does not produce evidence of ever having a driver license or permit issued by another jurisdiction.
2. The person is not in compliance with the financial responsibility requirements of chapter 9, article 4 of this title.
3. The person is driving a vehicle that is involved in an accident that results in either property damage or injury to or death of another person.
C. Except as provided in subsection D of this section, while a peace officer has control of the vehicle the peace officer shall cause the removal and either immobilization or impoundment of the vehicle if the peace officer has probable cause to arrest the driver of the vehicle for a violation of section 4‑244, paragraph 34 or section 28‑1382 or 28‑1383.
D. A peace officer shall not cause the removal and either the immobilization or impoundment of a vehicle pursuant to subsection C of this section if all of the following apply:
1. The peace officer determines that the vehicle is currently registered and that the driver or the vehicle is in compliance with the financial responsibility requirements of chapter 9, article 4 of this title.
2. The spouse of the driver is with the driver at the time of the arrest.
3. The peace officer has reasonable grounds to believe that the spouse of the driver:
(a) Has a valid driver license.
(b) Is not impaired by intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances.
(c) Does not have any spirituous liquor in the spouse's body if the spouse is under twenty‑one years of age.
4. The spouse notifies the peace officer that the spouse will drive the vehicle from the place of arrest to the driver's home or other place of safety.
5. The spouse drives the vehicle as prescribed by paragraph 4 of this subsection.
E. Except as otherwise provided in this article, a vehicle that is removed and either immobilized or impounded pursuant to subsection A, B or C of this section shall be immobilized or impounded for thirty days. An insurance company does not have a duty to pay any benefits for charges or fees for immobilization or impoundment.
F. The owner of a vehicle that is removed and either immobilized or impounded pursuant to subsection A, B or C of this section, the spouse of the owner and each person who has provided the department with indicia of ownership as prescribed in section 28‑3514 or other interest in the vehicle that exists immediately before the immobilization or impoundment shall be provided with an opportunity for an immobilization or poststorage hearing pursuant to section 28‑3514.
G. A law enforcement agency that employs the peace officer who removes and either immobilizes or impounds a vehicle pursuant to this section shall enter information about the removal and either immobilization or impoundment of the vehicle in the Arizona crime information center database within three business days after the removal and either immobilization or impoundment.
Sec. 32. Section 28-4135, Arizona Revised Statutes, is amended to read:
28-4135. Motor vehicle financial responsibility requirement; civil penalties; restricted driving privilege; evidence at hearing
A. A motor vehicle that is operated on a highway in this state shall be covered by one of the following:
1. A motor vehicle or automobile liability policy that provides limits not less than those prescribed in section 28‑4009.
2. An alternate method of coverage as provided in section 28‑4076.
3. A certificate of self‑insurance as prescribed in section 28‑4007.
4. A policy that satisfies the financial responsibility requirements prescribed in article 2 of this chapter.
B. A person operating a motor vehicle on a highway in this state shall have evidence within the motor vehicle of current financial responsibility applicable to the motor vehicle. The evidence may be displayed on a wireless communication device that is in the motor vehicle. If a person displays the evidence on a wireless communication device pursuant to this subsection, the person is not consenting for law enforcement to access other contents of the wireless communication device.
C. Failure to produce evidence of financial responsibility on the request of a law enforcement officer investigating a motor vehicle accident or an alleged violation of a motor vehicle law of this state or a traffic ordinance of a city or town is a civil traffic violation that is punishable as prescribed in this section.
D. A citation issued for violating subsection B or C of this section shall be dismissed if the person to whom the citation was issued produces evidence to the appropriate court officer on or before the date and time specified on the citation for court appearance and in a manner specified by the court, including the certification of evidence by mail, of either of the following:
1. The financial responsibility requirements prescribed in this section were met for the motor vehicle at the date and time the citation was issued.
2. A motor vehicle or automobile liability policy that meets the financial responsibility requirements of this state and that insured the person and the motor vehicle the person was operating at the time the person received the citation regardless of whether or not the motor vehicle was named in the policy.
E. Except as provided in section 28‑4137, a person who violates this section is subject to a civil penalty as follows:
1. The court shall impose a minimum civil penalty of five hundred dollars for the first violation. On receipt of the abstract of the record of judgment, the department shall suspend the driver license of the person and the registration and license plates of the motor vehicle involved person's driving privilege or restrict the person's driving privilege as described in section 28‑144 for three months. Before issuing a restricted driving privilege pursuant to this paragraph, the department shall verify that the person has complied with the financial responsibility requirements of this article.
2. If a person violates this section a second time within a period of thirty‑six months, the court shall impose a minimum civil penalty of seven hundred fifty dollars. On receipt of the abstract of the record of judgment, the department shall suspend the driver license of the person and the registration and license plates of the motor vehicle involved for six months.
3. If a person violates this section three or more times within a period of thirty‑six months, the court shall impose a minimum civil penalty of one thousand dollars. On receipt of the abstract of the record of judgment, the department shall suspend the driver license of the person and the registration and license plates of the motor vehicle involved for one year. The department shall require on reinstatement of the driver license, the registration and the license plates that the person file with the department proof of financial responsibility in accordance with article 3 of this chapter.
F. A court may require a person to produce an insurance identification card as evidence in a hearing for a violation of this section.
Sec. 33. Section 41-2419, Arizona Revised Statutes, is amended to read:
41-2419. Arizona deoxyribonucleic acid identification system fund
A. The Arizona deoxyribonucleic acid identification system fund is established. The Arizona deoxyribonucleic acid identification system fund consists of monies collected pursuant to section 12‑116.01 and distributed pursuant to section 41‑2401, subsection D, paragraph 6, monies collected pursuant to section 12‑116.01, subsection C and distributed pursuant to section 12‑116.01, subsection K J and monies contributed to the fund from any other source. On notice from the department of public safety, the state treasurer shall invest and divest monies in the fund as provided by section 35‑313, and monies earned from investment shall be credited to the fund.
B. The department of public safety shall administer the fund.
C. Subject to legislative appropriation, monies in the fund shall be used for implementing, operating and maintaining deoxyribonucleic acid testing and for the costs of administering the system.
Sec. 34. Effective date
Except for section 13-3961, Arizona Revised Statutes, as amended by this act, is effective from and after December 31, 2017."
Amend title to conform