Second Regular Session S.B. 1183
PROPOSED
SENATE AMENDMENTS TO S.B. 1183
(Reference to printed bill)
Strike everything after the enacting clause and insert:
"Section. 1. Section 41-1730, Arizona Revised Statutes, is amended to read:
41-1730. Department of public safety forensics fund; purposes; distributions; annual adjustment
A. The department of public safety forensics fund is established. The department shall administer the fund. Monies in the fund are subject to legislative appropriation. The department of public safety forensics fund consists of the following:
1. Monies deposited pursuant to section 12-116.01, subsection J.
2. Monies deposited pursuant to section 41-2401, subsection D, paragraphs 1 and 11 10.
3. Surcharge monies deposited pursuant to section 28-3396.
4. Monies contributed to the fund from any other source.
B. Monies in the department of public safety forensics fund shall be used for the following purposes:
1. Purchasing and installing fingerprint identification equipment.
2. Operating, maintaining and administering the Arizona automated fingerprint identification system and the system's remote terminals.
3. Crime laboratory operations and enhanced services.
4. Educating and training forensic scientists who are regularly employed in a crime laboratory.
5. Purchasing and maintaining scientific equipment for crime laboratory use.
6. Implementing, operating and maintaining deoxyribonucleic acid testing and administering the Arizona deoxyribonucleic acid identification system.
C. On a quarterly basis, the department of public safety shall allocate and distribute the monies in the department of public safety forensics fund that are collected pursuant to section 12-116.01 and deposited pursuant to section 41-2401, subsection D, paragraph 11 10. The department may use fifty-five percent of the monies for the purposes prescribed in subsection B of this section and shall distribute the remaining monies to political subdivisions that operate a crime laboratory as follows:
1. Twenty-two percent to the Phoenix police department.
2. Twelve percent to the Tucson police department.
3. Seven percent to the Mesa police department.
4. Four percent to the Scottsdale police department.
D. The distribution of monies pursuant to subsection C of this section may be adjusted annually, if appropriate, based on the crime laboratory services provided and the percentage of the state population served by each crime laboratory. The crime laboratory directors of the political subdivisions providing crime laboratory services in this state must agree on the distribution formula and allocation. The minimum allocation for a political subdivision that provides crime laboratory services is four percent.
E. For the purposes of subsections C and D of this section, "crime laboratory" means a laboratory that meets all of the following:
1. Is operated by a political subdivision.
2. Has at least one regularly employed forensic scientist who holds a minimum of a bachelor's degree in a physical or natural science.
3. Is registered as an analytical laboratory with the drug enforcement administration of the United States department of justice for the possession of all scheduled controlled substances.
Sec. 2. Section 41-2401, Arizona Revised Statutes, is amended to read:
41-2401. Criminal justice enhancement fund
A. The criminal justice enhancement fund is established consisting of monies collected pursuant to section 12-116.01 and monies available from any other source. The state treasurer shall administer the fund.
B. On or before November 1 of each year, each department, agency or office that receives monies pursuant to this section shall provide to the Arizona criminal justice commission a report for the preceding fiscal year. The report shall be in a form prescribed by the Arizona criminal justice commission. The report shall set forth the sources of all monies and all expenditures. The report shall not include any identifying information about specific investigations.
C. On or before December 1 of each year, the Arizona criminal justice commission shall compile all reports into a single comprehensive report and shall submit a copy of the comprehensive report to the governor, the president of the senate, the speaker of the house of representatives and the director of the joint legislative budget committee.
D. On the first day of each month, the state treasurer shall distribute or deposit:
1. 19.09 20.81 percent in the department of public safety forensics fund established by section 41-1730.
2. 1.84 3.57 percent to the department of juvenile corrections for the treatment and rehabilitation of youth who have committed drug-related offenses.
3. 18.97 percent in the peace officers' training fund established by section 41-1825.
4. 3. 3.45 5.18 percent in the prosecuting attorneys' advisory council training fund established by section 41-1830.03.
5. 4. 10.66 12.38 percent to the supreme court for the purpose of reducing juvenile crime.
6. 5. 8.29 10.01 percent to the department of public safety for allocation to state and local law enforcement authorities for the following purposes:
(a) To enhance projects that are designed to prevent residential and commercial burglaries, to control street crime, including the activities of criminal street gangs, and to locate missing children.
(b) To provide support to the Arizona automated fingerprint identification system.
(c) Operational costs of the criminal justice information system.
7. 6. 10.66 12.38 percent to the department of law for allocation to county attorneys for the purpose of enhancing prosecutorial efforts.
8. 7. 6.86 8.59 percent to the supreme court for the purpose of enhancing the ability of the courts to process criminal and delinquency cases, orders of protection, injunctions against harassment and any proceeding relating to domestic violence matters, for auditing and investigating persons or entities licensed or certified by the supreme court and for processing judicial discipline cases. Notwithstanding section 12-143, subsection A, the salary of superior court judges pro tempore who are appointed for the purposes provided in this paragraph shall, and the salary of other superior court judges pro tempore who are appointed pursuant to section 12-141 for the purposes provided in this paragraph may, be paid in full by the monies received pursuant to this paragraph.
9. 8. 13.34 15.06 percent to the county sheriffs for the purpose of enhancing county jail facilities and operations, including county jails under the jurisdiction of county jail districts.
10. 9. 1.79 3.52 percent to the Arizona criminal justice commission.
11. 10. 2.62 4.34 percent in the department of public safety forensics fund established by section 41-1730.
12. 11. 2.43 4.16 percent to the supreme court for the purpose of providing drug treatment services to adult probationers through the community punishment program established in title 12, chapter 2, article 11.
E. Monies distributed pursuant to subsection D, paragraphs 3, 4, 7, 9 6, 8 and 11 10 of this section constitute a continuing appropriation. Monies distributed pursuant to subsection D, paragraphs 1, 2, 5, 8, 10 4, 7, 9 and 12 11 of this section are subject to legislative appropriation.
F. The portion of the monies for direct operating expenses of the department of public safety in subsection D, paragraph 6 5 of this section is subject to legislative appropriation. The remainder of the monies in subsection D, paragraph 6 5 of this section, including the portion for local law enforcement, is continuously appropriated.
G. The allocation of monies pursuant to subsection D, paragraphs 5, 6, 7, and 8 and 9 of this section shall be made in accordance with rules adopted by the Arizona criminal justice commission pursuant to section 41-2405.
Sec. 3. Appropriation; peace officers' training fund; exemption
A. The sum of $5,000,000 is appropriated from the state general fund in fiscal year 2022-2023 to the peace officers' training fund established by section 41-1825, Arizona Revised Statutes.
B. The appropriation made in subsection A of this section is exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations."
Amend title to conform