ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

Second Regular Session

 

HB 2133: criminal justice monies; penalty assessments.

Sponsor: Representative Kavanagh, LD 23

Committee on Judiciary

Overview

Requires the Legislature to appropriate monies to the Criminal Justice Enhancement Fund (Fund) if the State Treasurer reports less than $45,746,935 in the fund by June 30 of each fiscal year.

History

The State Treasurer administers the Fund. The State Treasurer is required to disperse Fund monies to various agencies and funds related to public safety and the courts (A.R.S. § 41-2401).

All criminal and civil offenses are assessed a $2 penalty by the court. The penalty assessment monies are provided to the State Treasurer to be deposited into the Fund (A.R.S. § 12-116.09).

Each political subdivision receiving money from the Fund is required to provide a report on monies spent to the Arizona Criminal Justice Commission (ACJC) by November 1 each year (A.R.S. § 41-2401).

Provisions

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteIncreases penalty assessments from $2 to $4. (Sec. 1)

2.   Prohibits the penalty assessment from being waived, suspended or delayed. (Sec. 1).

3.   Requires the State Treasurer to notify, by June 1 of each fiscal year, JLBC and the Governor's Office of Strategic Planning and Budgeting if less than $45,746,935 is deposited into the Fund for the current fiscal year. (Sec. 2)

4.   Requires, if the Fund is less than $47,746,935, the Legislature to appropriate an amount equal to the difference between $45,746,935 and the amount in the Fund. (Sec. 2)

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8.                     HB 2133

9.   Initials LC/JH        Page 0 Judiciary

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