Page 2, between lines 14 and 15, insert:
"Sec. 3. Section
41-191.03, Arizona Revised Statutes, is amended to read:
START_STATUTE41-191.03. Collection
enforcement revolving fund; disposition of monies
A. The
collection enforcement revolving fund is established for the purpose of
collecting debts owed to the state. Monies in the fund are subject
to legislative appropriation. The attorney general shall administer
the fund.
B. The
attorney general may expend from the collection enforcement revolving fund such the monies as that are necessary for operating expenses incurred by the
department of law and the collection of debts owed to this state, including
reimbursing other accounts or departments within the office of the attorney
general from which monies or services for collection were provided.
C. Thirty‑five
per cent percent of all monies
recovered by the attorney general pursuant to section 41‑191.04 shall be
deposited, pursuant to sections 35‑146 and 35‑147, in the
collection enforcement revolving fund.
D. Sixty‑five
per cent percent of all monies
recovered by the attorney general pursuant to section 41‑191.04 shall be
distributed as follows:
1. Those
monies that are directly attributable to a fund containing monies that do not
revert to the state general fund at the end of the fiscal year shall be
deposited, pursuant to sections 35‑146 and 35‑147, in that fund.
2. All
other monies shall be deposited, pursuant to sections 35‑146 and 35‑147,
in the state general fund.
E. Monies
in the collection enforcement revolving fund are exempt from the lapsing
provisions of section 35‑190 relating to lapsing of
appropriations, except that monies remaining in the fund at the end of
each fiscal year in excess of five hundred thousand one million dollars shall be distributed on a pro rata basis
to the funds receiving monies pursuant to subsection D of this
section. Such This
distribution shall be based on the percentage that the collections deposited in
each fund bear to the total amount deposited into in the funds during the fiscal year.
F. Notwithstanding
anything in subsections B through E of this section, monies due and owing
pursuant to section 12‑116.01 and collected by the attorney general shall
be distributed as follows:
1. Twenty
per cent percent of all monies
recovered by the attorney general pursuant to section 41‑191.04 shall be
deposited, pursuant to sections 35‑146 and 35‑147, in the
collection enforcement revolving fund.
2. Eighty
per cent percent of all monies
recovered by the attorney general pursuant to section 41‑191.04 shall be
deposited, pursuant to sections 35‑146 and 35‑147, in the criminal
justice enhancement fund established by section 41‑2401.END_STATUTE"
Renumber to
conform
Page 5,
strike lines 5 through 10
Renumber to conform
Page 6,
lines 41 and 42, strike "are suspended" insert "may not exceed
$16,000,000"
After line
42, insert:
"Sec. 21. Appropriation; Arizona criminal justice commission; criminal case
statistics study; exemption
A. A
onetime sum of $200,000 is appropriated from the drug and gang prevention
resource center fund established by section 41-2402, Arizona Revised Statutes,
in fiscal year 2018-2019 to the Arizona criminal justice commission for
distribution to the Yavapai county attorney's office and the Pinal county
attorney's office to cover the cost associated with the criminal case
statistics study.
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.
Sec. 22. Criminal case statistics study; county attorneys; public website
posting; requirements; delayed repeal; definitions
A. Beginning
January 1, 2019, on the first day of each month for twelve consecutive months,
the county attorney in Yavapai county and the county attorney in Pinal county
shall post the following information for the previous month on the prosecutor's
public website or on the public website of an affiliated association:
1. The
respective aggregate number of misdemeanor and felony cases by individual
defendant:
(a) That
are indicted by the prosecutor's office.
(b) That
are resolved by the prosecutor's office through a plea agreement. If
resolved through a plea agreement, the prosecutor shall post the aggregate number
of cases in which the defendant either:
(i) Pleaded
guilty.
(ii) Pleaded
no contest.
(c) That
are presented for bench or jury trial consideration, excluding prior conviction
trials.
(d) In
which a first-time felony offender received a sentence of:
(i) Less
than one year of imprisonment.
(ii) One
year or more but less than three years of imprisonment.
(iii) Three
years or more but less than five years of imprisonment.
(iv) Five
years or more but less than ten years of imprisonment.
(v) Ten
years or more of imprisonment.
(e) In
which a repetitive offender received a sentence of:
(i) Less
than one year of imprisonment.
(ii) One
year or more but less than three years of imprisonment.
(iii) Three
years or more but less than five years of imprisonment.
(iv) Five
years or more but less than ten years of imprisonment.
(v) Ten
years or more of imprisonment.
2. For
each individual defendant's indicted case, a breakdown of each offense charged
and whether that offense was charged as a misdemeanor or felony.
3. For
each misdemeanor and felony offense that was charged in each individual
defendant's case:
(a) Whether
the offense was resolved by plea agreement.
(b) If
the offense was resolved by plea agreement, whether the defendant pleaded
guilty or no contest.
(c) Whether
the offense was presented for bench or jury trial consideration, excluding
prior conviction trials.
(d) The
verdict on each misdemeanor and felony charge that was submitted for bench or
jury trial consideration.
(e) The
final sentence entered on each charge.
(f) Any
changes that were mandated by an appellate court to a final sentence that was
entered by a justice or superior court.
4. For
each individual defendant's case, whether the defendant has previously been
charged with a felony in this state and, if the defendant has previously been
charged with a felony in this state, how many prior felony charges in this
state.
5. For
each individual defendant's case in which the defendant has a prior felony
conviction, a description of each prior felony conviction.
6. The
amount, as recorded by the arresting officer, that was the basis for the
following charges:
(a) Possession
or use of marijuana or a dangerous or narcotic drug.
(b) Possession
for sale of marijuana or a dangerous or narcotic drug.
(c) Possession
of equipment or chemicals, or both, for the purpose of manufacturing a
dangerous or narcotic drug.
(d) Manufacturing
a dangerous or narcotic drug.
(e) Administering
a dangerous or narcotic drug to another person.
(f) Obtaining
or procuring the administration of a dangerous or narcotic drug by fraud,
deceit, misrepresentation or subterfuge.
(g) Transporting
for sale, importing into this state or offering to transport for sale or import
into this state, selling, transferring or offering to sell or transfer
marijuana or a dangerous or narcotic drug.
7. For
each misdemeanor and felony case, each individual defendant's:
(a) Age.
(b) Race
or ethnicity.
(c) Declared
gender.
B. The
information required by this section must be accessible by the public and
remain on the prosecutor's public website in perpetuity.
C. This
section is repealed from and after June 30, 2020.
D. For
the purposes of this section:
1. "Consideration"
means that a jury was empaneled and sworn in to consider the charges or, in the
case of a bench trial, at least one witness testified.
2. "Prosecutor"
means a county attorney."
Amend title to conform
Bill
Number: S.B. 1523