Page 1, between lines 1 and 2, insert:
"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).
(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
Renumber to
conform
Page 1, line
10, strike ", or" insert "or"; after
"payments" strike remainder of line
Line 11,
strike "penalty"; strike "court
does not waive the civil penalty and the"
Line 13,
after "penalty" insert ", surcharge or assessment";
strike "and, if so, the court"
Line 14,
strike the colon insert a period
Between
lines 14 and 15, insert:
"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:"
Reletter to conform
Line 15,
strike "shall"
Line 18,
after the period strike remainder of line
Strike line
19
Line 20,
strike "Except as provided in subsection B of this section,
may"
Strike lines
24 through 27
Reletter to conform
Lines 28 and
31, strike "subsection subsections"
insert "subsection"; strike "and B"
Line 33,
strike ", or" insert a
comma
Line 35,
strike "or notify the department to refuse to renew a
vehicle registration" insert "or notify the department to
refuse to renew a vehicle registration"
Page 2, line
2, after "28-144" insert ", if applicable"
Strike lines
3 through 6, insert:
"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."
Renumber to
conform
Page 2, line
11, after "suspend" insert "or restrict"
Line 12,
after "state" strike remainder of line
Strike line
13, insert "or from notifying the department to refuse to renew a vehicle
registration,"
Line 35,
after "order" strike remainder of line
Strike lines
36 through 38, insert "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."
Line 40,
after the comma strike remainder of line
Strike lines
41 through 44, insert "the department suspended or restricted
a driving PRIVILEGE, OTHER than a commercial driver license, pursuant to this
section, the department shall"
Page 3, line
1, strike "(b)"; after
"suspension" insert "or
restriction"
Line 2,
after "suspension" insert "or
restriction"
Strike lines
5 through 42, insert:
"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
Renumber to conform
Page
4, line 3, strike "restricted" insert "suspended"
Line
6, strike "not only"
insert "not"; strike "on a public highway"
Line 7,
strike "for the purposes described in section 28-144"
insert "on a public highway"
Line 8,
strike "suspended restricted"
insert "suspended"
Line 10, strike
"Notwithstanding section 28-3480,"
Line 16,
strike "suspended restricted"
insert "suspended"
Strike lines
17 through 45
Strike pages 5 through 8
Amend title
to conform
Bill
Number: S.B. 1551