PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2055
(Reference to printed bill)
Strike everything after the enacting clause and insert:
"Section 1. Section 28-1521, Arizona Revised Statutes, is amended to read:
28-1521. Violation; civil penalty; definition
A. A person who violates a provision of chapter 3 of this title or this chapter is subject to a civil penalty unless the statute defining the offense provides for a criminal classification.
B. Notwithstanding any other law, if a monetary obligation is imposed on a person at sentencing, the person may choose to perform community restitution in lieu of the payment of up to fifty percent of the monetary obligation. On the person's request the court may order the person to perform community restitution in lieu of the payment of all or part of the remaining monetary obligation. The court shall credit any community restitution performed at a rate of $10 per hour.
C. Subsection B of this section applies to any violation in this title that is subject to a civil penalty.
D. For the purposes of this section, "monetary obligation" means a civil penalty, a surcharge, an assessment or a fee except for a fee imposed pursuant to section 12-116.
Sec. 2. Section 28-1603, Arizona Revised Statutes, is amended to read:
28-1603. Civil penalty mitigation
A. Notwithstanding any other law, a judge may mitigate any civil penalty that is required under chapters 3, 5, 7, 8 and 9 of this title if the person who is ordered to pay the penalty demonstrates that the payment would be a hardship on the person or on the person's immediate family.
B. In determining whether to mitigate a civil penalty, the court may consider any relevant information, including any of the following:
1. The civil penalty's impact on the person's ability to pay restitution.
2. Whether the civil penalty would constitute a financial hardship to the person or the person's immediate family.
3. Whether the person receives temporary assistance for needy families pursuant to 42 United States Code section 603 or supplemental nutrition assistance pursuant to 7 United States Code sections 2011 through 2036c.
4. Whether the person receives benefits pursuant to the supplemental security income program (42 United States Code sections 1381 through 1385 1383f).
5. Whether the person is legally authorized to be employed and is seeking, obtaining or maintaining employment or is attending school.
C. This section does not apply to the surcharge imposed and collected pursuant to section 16‑954, subsection A."
Amend title to conform