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REFERENCE TITLE: peace officer nonlethal device fund |
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State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024
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HB 2326 |
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Introduced by Representative Payne
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An Act
amending title 12, chapter 1, article 1, Arizona Revised Statutes, by adding section 12-116.12; amending title 41, chapter 12, article 2, Arizona Revised Statutes, by adding section 41-1735; relating to peace officers.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 12, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 12-116.12, to read:
12-116.12. Assessment; peace officer nonlethal device fund
A. In addition to any other penalty assessment provided by law, a penalty assessment shall be levied in an amount of $2 on every fine, penalty and forfeiture imposed and collected by the courts for criminal offenses, on every civil penalty imposed and collected for a civil traffic violation and on every fine, penalty or forfeiture for a violation of the motor vehicle statutes or for any local ordinance relating to the stopping, standing or operation of a vehicle.
B. The court shall transmit the assessments collected pursuant to this section and a remittance report of the fines, civil penalties and forfeitures collected pursuant to this section to the county treasurer, except that municipal courts shall transmit the assessments and the remittance report of the fines, civil penalties and forfeitures to the city or town treasurer.
C. The city, town or county treasurer shall transmit the assessments and the remittance report to the state treasurer. The state treasurer shall deposit, pursuant to sections 35-146 and 35-147, the assessment in the peace officer NONLETHAL device fund established by section 41-1735.
D. The court may mitigate all or part of the assessment in the same manner and subject to the same limitations in the mitigation of a fine in section 13-825, subsection B.
Sec. 2. Title 41, chapter 12, article 2, Arizona Revised Statutes, is amended by adding section 41-1735, to read:
41-1735. Peace officer nonlethal device fund
A. The peace officer NONLETHAL device fund is established consisting of monies deposited pursuant to section 12-116.12. The state treasurer shall administer the fund. Monies in the fund may be used only for nonlethal devices for peace officers that do not cause any permanent harm or injury when used during the apprehension of suspected offenders.
B. The state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.
C. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations and are subject to legislative appropriation.