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REFERENCE TITLE: penalty assessment;
driving school fees |
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State of
Arizona House of
Representatives Fifty-fourth
Legislature Second Regular
Session 2020 |
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HB 2476 |
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Introduced by Representative Payne |
AN ACT
amending title
12, chapter 1, article 1, Arizona Revised Statutes, by adding section 12‑116.11;
amending sections 28‑3396 and 41‑1730, Arizona Revised Statutes;
relating to penalty assessments.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 12, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 12-116.11, to read:
12-116.11. Penalty assessment;
department of public safety forensics fund; payment order; fund deposits
A. In addition to any other penalty
assessment provided by law, a penalty assessment shall be levied in an amount
of $13 on every fine, penalty and forfeiture imposed and collected by the
courts for criminal offenses and any civil penalty imposed and collected.
B. Notwithstanding any other law and
Except for monies that are collected for victim restitution, the court shall
transmit the first $13 collected from a person for the penalty assessment
required by this section and before any other penalty assessment or surcharge
that is required by law.
C. The court shall transmit the
assessments collected pursuant to this section and a remittance report of the
fines, civil penalties and assessments collected to the county treasurer,
except that municipal courts shall transmit the assessments and the remittance
report of the fines, civil penalties and assessments to the city or town
treasurer.
D. The city, town or county treasurer shall transmit the assessments and the remittance report to the state treasurer. The state treasurer shall deposit the monies in the department of public safety forensics fund established by section 41‑1730.
Sec. 2. Section 28-3396, Arizona Revised Statutes, is amended to read:
28-3396. Court diversion fee
A. The presiding judge of each court shall:
1. Set the amount of the court diversion fee that an individual, including an individual who holds a commercial driver license, who attends a defensive driving school may be assessed.
2. Charge an individual a forty‑five dollar $13 surcharge if the individual attends a defensive driving school.
3. 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. 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 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 $10,400,000 in revenue annually in the department of public safety forensics fund established by section 41‑1730.
2. All remaining money in the state general fund.
Sec. 3. Section 41-1730, Arizona Revised Statutes, is amended to read:
41-1730. Department of public safety forensics fund; purposes; distributions; annual adjustment
A. The department of public safety forensics fund is established. The department shall administer the fund. Monies in the fund are subject to legislative appropriation. The department of public safety forensics fund consists of the following:
1. Monies deposited pursuant to section 12‑116.01, subsection J.
2. Monies deposited pursuant to section 41‑2401, subsection D, paragraphs 1 and 11.
3. Surcharge monies deposited pursuant to section 28‑3396.
4. Monies deposited pursuant to
section 12‑116.11.
4. 5. Monies contributed to the fund from any other source.
B. Monies in the department of public safety forensics fund shall be used for the following purposes:
1. Purchasing and installing fingerprint identification equipment.
2. Operating, maintaining and administering the Arizona automated fingerprint identification system and the system's remote terminals.
3. Crime laboratory operations and enhanced services.
4. Educating and training forensic scientists who are regularly employed in a crime laboratory.
5. Purchasing and maintaining scientific equipment for crime laboratory use.
6. Implementing, operating and maintaining deoxyribonucleic acid testing and administering the Arizona deoxyribonucleic acid identification system.
C. On a quarterly basis, the department of public safety shall allocate and distribute the monies in the department of public safety forensics fund that are collected pursuant to section 12‑116.01 and deposited pursuant to section 41‑2401, subsection D, paragraph 11. The department may use fifty‑five percent of the monies for the purposes prescribed in subsection B of this section and shall distribute the remaining monies to political subdivisions that operate a crime laboratory as follows:
1. Twenty-two percent to the Phoenix police department.
2. Twelve percent to the Tucson police department.
3. Seven percent to the Mesa police department.
4. Four percent to the Scottsdale police department.
D. The distribution of monies pursuant to subsection C of this section may be adjusted annually, if appropriate, based on the crime laboratory services provided and the percentage of the state population served by each crime laboratory. The crime laboratory directors of the political subdivisions providing crime laboratory services in this state must agree on the distribution formula and allocation. The minimum allocation for a political subdivision that provides crime laboratory services is four percent.
E. For the purposes of subsections C and D of this section, "crime laboratory" means a laboratory that meets all of the following:
1. Is operated by a political subdivision.
2. Has at least one regularly employed forensic scientist who holds a minimum of a bachelor's degree in a physical or natural science.
3. Is registered as an analytical laboratory with
the drug enforcement administration of the United States department of justice
for the possession of all scheduled controlled substances.