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House Engrossed
civil penalties; traffic; mitigation; restitution |
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State of Arizona House of Representatives Fifty-fifth Legislature First Regular Session 2021
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HOUSE BILL 2110 |
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AN ACT
amending section 28-1603, Arizona Revised Statutes; amending title 28, chapter 5, article 4, Arizona Revised Statutes, by adding section 28-1604; relating to traffic violations.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. 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.
Sec. 2. Title 28, chapter 5, article 4, Arizona Revised Statutes, is amended by adding section 28-1604, to read:
28-1604. Community restitution in lieu of monetary obligation; definition
A. Notwithstanding any other law, if a monetary obligation is imposed on a person at sentencing, the court may order the person to perform community restitution in lieu of the payment of the monetary obligation. The court shall determine the location where the community restitution is performed. The court shall credit any community restitution performed at a rate that is equal to the state minimum wage, as prescribed by section 23-363, subsections A and B.
B. 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.