ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fourth Legislature

Second Regular Session

House: JUD DPA 10-0-0-0-0-0


HB 2411: convictions; penalties; surcharge distribution

Sponsor:  Representative Allen J, LD 15

Committee on Judiciary

Overview

Amends the surcharge distribution of penalities collected from criminal convictions to various funds. Contains an emergency clause.

History

The Victim's Rights Fund (Fund) was established to supplement monies made available to state and local entities for funding victims' rights services and assistance. The Fund is administered by the attorney general and receives monies from legislative appropriations, fees from juveniles adjudicated delinquent for offenses involving a victim and penalties collected by the courts from criminal offenses and some civil traffic offenses. (A.R.S. § 41-191.08)

Provisions

1.    ☐ Prop 105 (45 votes)	     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes)	☐ Fiscal NoteAdds a funding source for the Victim's Rights Fund. (Sec. 1)

2.    Adds a funding source for the Department of Public Safety Forensics Fund. (Sec. 2)

3.    Specifies beginning January 1, 2020, the state treasurer must distribute fees collected from criminal offenses committed to various recipients. (Sec. 3)

4.    Specifies how the Criminal Justice Enhancement Fund monies should be dispersed for penalties collected from offenses that occurred before January 1, 2019, and for penalties collected from offenses occurring after January 1, 2019. (Sec. 3)

5.    Specifies beginning June 1, 2020, and on the first day of each month, the state treasurer shall distribute or deposit the Criminal Justice Enhancement Fund in the following ways for penalties collected from offenses that occurred before January 1, 2019:

a)    16.744% to the Department of Public Safety Forensics Fund;

b)    1.61% to the Arizona Department of Juvenile Corrections for the treatment and rehabilitation of youth who have committed drug-related offenses;

c)    16.64% to the Peace Officers' Training Fund;

d)    3.03% to the Arizona Prosecuting Attorneys' Advisory Council Training Fund;

e)    9.35% to the Supreme Court to reduce juvenile crime;

f)     7.276% to the Department of Public Safety for allocation to state and local law enforcement authorities for various efforts;

g)    9.35% to the Department of Law for enhancing the ability of the courts to process criminal and delinquency cases, orders of protection, injunctions against harassment and any proceeding relating to domestic matters, auditing and investigating and superior court judge salaries;

h)    6.02% to the Supreme Court to enhance criminal and delinquency cases, orders of protection, injunction against harassment, domestic violence proceedings, auditing and investigating, and judicial discipline cases;

i)      11.70% to the county sheriffs to enhance county jail facilities and operations;

j)      1.57% to the Arizona Criminal Justice Commission;

k)    2.30% to the Department of Public Safety Forensics Fund;

l)      7.68% to the Victims' Rights Fund;

m)   4.60% to the Victim Compensation and Assistance Fund; and

n)    2.13% to the Supreme Court for the purpose of providing drug treatment services to adult probations through the community punishment program. (Sec. 3)

6.    Contains an emergency clause. (Sec. 6)

7.    Makes technical and conforming changes. (Sec. 2, 3, 4, 5)

Amendments

Committee on Judiciary

1.    Changes the date the state treasurer will distribute or deposit monies from the Criminal Justice Enhancement Fund to various recipients from beginning on June 1, 2020, to beginning on July 1, 2020.

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5.    Initials LC              Caucus & COW

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