Chapter 0189 - 551R - S Ver of SB1551

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

Section 1. Section 13-825, Arizona Revised Statutes, is amended to read:

START_STATUTE13-825. Mitigation of fines and surcharges

A. 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, except that A judge may not mitigate a fine imposed pursuant to section 28-1381, 28-1382 or 28-1383.

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).

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

Sec. 2. Section 28-1601, Arizona Revised Statutes, is amended to read:

START_STATUTE28-1601. Failure to pay civil penalty; suspension or restriction of driving privilege; collection procedure

A. A person shall pay all civil penalties within thirty days from entry of judgment, except that if payment within thirty days will place an undue economic burden on a person, the court may extend the time for payment or may provide for installment payments. If the civil penalty is not paid or an installment payment is not made when due, the court may declare the entire civil penalty, surcharge or assessment due. and, if so, the court shall do either of the following:

B. If the person who owes the civil penalty, surcharge or assessment described in subsection A of this section holds a commercial driver license, the court shall either:

1. Notify the department and the department shall promptly suspend the person's driving privilege or the person's application or privilege to apply for a driving privilege until the civil penalty is paid.

2. Order that the person's driving privilege be restricted as described in section 28-144 until the civil penalty is paid and notify the department of the restriction.

B. C. Notwithstanding subsection A of this section, if a civil penalty is paid on entry of judgment, the court may reduce the civil penalty by up to five percent of the penalty imposed.

C. D. Notwithstanding subsection A of this section, the court shall not initiate collection procedures on an unpaid civil penalty, notify the department to suspend or restrict a person's driver license, permit or privilege to drive a motor vehicle in this state or notify the department to refuse to renew a vehicle registration for an unpaid civil traffic violation if all of the following apply:

1. The unpaid civil penalty is for a traffic violation for which the final disposition occurs more than thirty-six months before the court initiates collection proceedings.

2. The court does not have a paper or electronic record dated within thirty-six months after the traffic violation occurs indicating that the responsible person was notified that the civil penalty is unpaid and due.

3. The court has not notified the department to suspend the responsible person's driver license or permit or privilege to drive a motor vehicle in this state or to restrict the person's driving privilege as described in section 28-144, if applicable.

4. The court has not notified either the responsible person or the department about the court's request to the department to refuse to renew the responsible person's vehicle registration pursuant to article 5 of this chapter.

5. The court does not have a record of extending the time for payment of the civil penalty or providing for installment payments.

D. E. If the court is prohibited from initiating collection procedures on an unpaid civil penalty from notifying the department to suspend or restrict a person's driver license, permit or privilege to drive a motor vehicle in this state or from notifying the department to refuse to renew a vehicle registration, pursuant to subsection C D of this section, the court shall notify the department and the department shall remove the violation from the person's driving record.

E. F. With the approval of the supreme court, the presiding judge of any court may periodically conduct a program aimed at reducing the amount of outstanding fines, penalties, assessments and surcharges. Notwithstanding any other law, except a fine ordered as a result of a violation of section 28-1381 or 28-1382, the program may include authorizing up to a fifty percent reduction in the total amount of a court ordered fine, penalty, assessment or surcharge that is due and that is delinquent for at least twelve months followed by an increased enforcement effort for a fine, penalty, assessment or surcharge that is not paid. The supreme court shall adopt rules of procedure for the programs.

F. G. If penalties are reduced pursuant to subsection E F of this section, associated surcharges and assessments shall be reduced in proportion to the reduction. This subsection does not apply to section 12-116.

G. H. If a person presents reasonable evidence to the court that a civil penalty and any other fees, fines, assessments or surcharges required by the court have been paid, the court shall cease its collection activities for that civil penalty and order the department to immediately rescind its actions related to the court's order or request to suspend or restrict the person's driver license, permit or privilege to drive pursuant to subsection A of this section or refuse to renew the person's vehicle registration pursuant to article 5 of this chapter.

I. If, on or before the effective date of this amendment to this section, the department suspended or restricted a driving PRIVILEGE, OTHER than a commercial driver license, pursuant to this section, the department shall Rescind the suspension or restriction and reinstate the person's driving privilege if the suspension or restriction resulted from the person being found responsible for a civil traffic violation and not paying a civil penalty imposed for that civil traffic violation. END_STATUTE

Sec. 3. Section 28-1603, Arizona Revised Statutes, is amended to read:

START_STATUTE28-1603. Civil penalty mitigation or waiver

A. Notwithstanding any other law, a judge may mitigate or waive any civil penalty that is required under chapters 3, 5, 7 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 1383(f)).

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. END_STATUTE

Sec. 4. Section 28-3480, Arizona Revised Statutes, is amended to read:

START_STATUTE28-3480. Operation in violation of restriction; classification; civil traffic violation

A. Except as provided in subsections B and C of this section, a person who operates a motor vehicle in violation of a driver license restriction is guilty of a class 2 misdemeanor.

B. If the restriction that is violated is the requirement to wear corrective lenses while operating a motor vehicle, the person is responsible for a civil traffic violation.

C. If the RESTRICTION that is violated is imposed pursuant to section 28-1601 or 28-3308, the person is responsible for a civil traffic violation.

D. if the person is cited for a violation of subsection C of this section and presents evidence to the court that the person's unrestricted driving privilege has been reinstated, the court may dismiss the citation. END_STATUTE

Sec. 5. Section 28-3482, Arizona Revised Statutes, is amended to read:

START_STATUTE28-3482. Driving on a license suspended for failure to appear or pay; restricted privilege to drive; civil penalty; dismissal

A. A person may not drive a motor vehicle on a public highway if the person's privilege to drive a motor vehicle is suspended pursuant to section 28-1601 or 28-3308.

B. A person who violates this section is responsible for a civil traffic violation and is not subject to vehicle towing or impound pursuant to section 28-3511.

C. If a person is cited for a violation of this section and the person presents evidence to the court that the person's unrestricted privilege to drive has been reinstated, the court may dismiss the charge of driving under a suspended license. END_STATUTE