REFERENCE TITLE: sentencing; mitigation; monetary obligations; fines

State of Arizona

House of Representatives

Fifty-fourth Legislature

Second Regular Session

2020

HB 2560

Introduced by

Representatives Engel: Pawlik, Rodriguez

AN ACT

amending sections 13‑824 and 13‑825, Arizona Revised Statutes; relating to fines.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section 1.  Section 13-824, Arizona Revised Statutes, is amended to read:

START_STATUTE13-824. Community restitution in lieu of monetary obligation; definition

A.  Notwithstanding any other law, if a monetary obligation is imposed on a defendant at sentencing and the court finds the defendant is unable to pay all or part of the monetary obligation, the court may order the defendant to perform community restitution in lieu of the payment for all or part of the monetary obligation.  The amount of community restitution shall be equivalent to the amount of the monetary obligation by crediting any service performed at a rate of ten dollars $10 per hour.

B.  This section does not apply to the assessment imposed pursuant to sections 12‑116.05, 12‑116.06, 12‑116.07, 12‑116.08 and 12‑116.09 and 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, an assessment, a fee or incarceration costs. END_STATUTE

Sec. 2.  Section 13-825, Arizona Revised Statutes, is amended to read:

START_STATUTE13-825. Mitigation of fines and surcharges

A.  Notwithstanding any other law, a judge may mitigate a fine that is not mandatory if the defendant who is ordered to pay the fine demonstrates that the payment would work a hardship on the defendant or on the defendant's immediate family.  

B.  In determining whether to mitigate a fine, the court may consider any relevant evidence, including:

1.  The impact of the fine on the ability of the defendant to pay the restitution.

2.  The extent of the financial hardship on the defendant or on the defendant's immediate family.

3.  Whether the defendant is receiving benefits pursuant to any of the following:

(a)  The temporary assistance for needy families program established by section 403 of title IV of the social security act.

(b)  The supplemental nutrition assistance program (7 United States Code sections 2011 through 2036c).

(c)  The supplemental security income program (42 United States Code sections 1381 through 1383f).

4.  Whether the defendant is seeking, obtaining or maintaining employment if legally permitted to do so or is attending school.

5.  A defendant's medical condition.

C.  A judge may mitigate a surcharge that is imposed pursuant to sections 12‑116.01 and 12‑116.02 if the fine is mandatory. END_STATUTE