Bill Text: AZ HB2148 | 2020 | Fifty-fourth Legislature 2nd Regular | Engrossed
Bill Title: Anti-racketeering revolving funds; reports; penalty
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2020-03-16 - Senate read second time [HB2148 Detail]
Download: Arizona-2020-HB2148-Engrossed.html
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House Engrossed |
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State of Arizona House of Representatives Fifty-fourth Legislature Second Regular Session 2020
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HOUSE BILL 2148 |
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AN ACT
amending sections 13‑2314.01 and 13‑2314.03, Arizona Revised Statutes; relating to anti‑racketeering revolving fund reporting.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-2314.01, Arizona Revised Statutes, is amended to read:
13-2314.01. Anti-racketeering revolving fund; use of monies; reports; audit
A. The anti‑racketeering revolving fund is established. The attorney general shall administer the fund under the conditions and for the purposes provided by this section. Monies in the fund are exempt from the lapsing provisions of section 35‑190.
B. Any prosecution and investigation costs, including attorney fees, that are recovered for the state by the attorney general as a result of enforcement of civil and criminal statutes pertaining to any offense included in the definition of racketeering in section 13‑2301, subsection D, paragraph 4 or section 13‑2312, whether by final judgment, settlement or otherwise, shall be deposited in the fund established by this section.
C. Any monies received by any department or agency of this state or any political subdivision of this state from any department or agency of the United States or another state as a result of participation in any investigation or prosecution, whether by final judgment, settlement or otherwise, shall be deposited in the fund established by this section or, if the recipient is a political subdivision of this state, may be deposited in the fund established pursuant to section 13‑2314.03.
D. Any monies obtained as a result of a forfeiture by any department or agency of this state under this title or under federal law shall be deposited in the fund established by this section. Any monies or other property obtained as a result of a forfeiture by any political subdivision of this state or the federal government may be deposited in the fund established by this section. Monies deposited in the fund pursuant to this section or section 13‑4315 shall accrue interest and shall be held for the benefit of the agency or agencies responsible for the seizure or forfeiture to the extent of their contribution.
E. Except as provided in subsections H and I of this section, the monies and interest shall be distributed within thirty days after application to the agency or agencies responsible for the seizure or forfeiture. The agency or agencies applying for monies must submit an application in writing to the attorney general that includes a description of what the requested monies will be used for. The attorney general may deny an application that requests monies for a purpose that is not authorized by this section, section 13‑4315 or federal law. Monies in the fund used by the attorney general for capital projects in excess of $1,000,000 are subject to review by the joint committee on capital review.
F. Monies in the fund may be used for the following:
1. Funding gang prevention programs, substance abuse prevention programs, substance abuse education programs, programs that provide assistance to victims of a criminal offense that is listed in section 13‑2301 and witness protection pursuant to section 41‑196 or for any purpose permitted by federal law relating to disposing of any property that is transferred to a law enforcement agency.
2. Investigating and prosecuting any offense included in the definition of racketeering in section 13‑2301, subsection D, paragraph 4 or section 13‑2312, including civil enforcement.
3. Paying the relocation expenses of any law enforcement officer and the officer's immediate family if the law enforcement officer is the victim of a bona fide threat that occurred because of the law enforcement officer's duties.
4. Paying the costs of the reports, audits and application approvals that are required by this section.
G. Notwithstanding subsection F of this section, beginning from and after August 27, 2019, the attorney general may not use monies from the fund to pay salaries for more than sixteen full-time equivalent positions in the attorney general's office.
H. On or before January 28, April 28, July 28 and October 28 of each year, each department or agency of this state receiving monies pursuant to this section or section 13‑2314.03 or 13‑4315 or from any department or agency of the United States or another state as a result of participation in any investigation or prosecution shall file with the attorney general, the board of supervisors if the sheriff received the monies and the city or town council if the city's or town's department received the monies a report for the previous calendar quarter. The report shall be in an electronic form that is prescribed by the Arizona criminal justice commission and approved by the director of the joint legislative budget committee. The report shall set forth the sources of all monies and all expenditures as required by subsection L of this section. The report shall not include any identifying information about specific investigations. If a department or agency of this state fails to file a report within forty‑five days after the report is due and there is no good cause as determined by the Arizona criminal justice commission, the attorney general shall make no expenditures from the fund for the benefit of the department or agency until the report is filed, and the department or agency is subject to a civil penalty of $500 or one quarter of the forfeiture proceeds received by the department or agency during the reporting period, whichever is greater. Civil penalties collected pursuant to this subsection shall be deposited in the state general fund. The attorney general is responsible for collecting all reports from departments and agencies of this state and transmitting the reports to the Arizona criminal justice commission at the time that the report required pursuant to subsection I of this section is submitted.
I. On or before February 21, May 21, August 21 and November 21 of each year, the attorney general shall file with the Arizona criminal justice commission a report for the previous calendar quarter. The report shall be in an electronic form that is prescribed by the Arizona criminal justice commission and approved by the director of the joint legislative budget committee. The report shall set forth the sources of all monies and all expenditures as required by subsections K and L of this section. The report shall not include any identifying information about specific investigations. If the attorney general fails to file a report within sixty days after the report is due and there is no good cause as determined by the Arizona criminal justice commission, the attorney general shall make no expenditures from the fund for the benefit of the attorney general until the report is filed, and the attorney general is subject to a civil penalty of $500 or one quarter of the forfeiture proceeds received by the attorney general during the reporting period, whichever is greater. If a political subdivision of this state fails to file a report with the county attorney pursuant to section 13‑2314.03 within forty‑five days after the report is due and there is no good cause as determined by the Arizona criminal justice commission, the attorney general shall make no expenditures from the fund for the benefit of the political subdivision until the report is filed, and the political subdivision is subject to a civil penalty of $500 or one quarter of the forfeiture proceeds received by the political subdivision during the reporting period, whichever is greater. Civil penalties collected pursuant to this subsection shall be deposited in the state general fund.
J. On or before the last day of February, May, August and November of each year, the Arizona criminal justice commission shall compile the attorney general report and the reports of all departments and agencies of this state into a single comprehensive report for the previous calendar quarter and shall submit an electronic copy of the report to the governor, the director of the department of administration, the president of the senate, the speaker of the house of representatives, the director of the joint legislative budget committee and the secretary of state. Within twenty‑four hours after submitting the electronic copy of the report, the Arizona criminal justice commission shall publish the report on the commission's website.
K. The report that is required by subsection I of this section must include all of the following information if monies were obtained as a result of a forfeiture:
1. The name of the law enforcement agency that seized the property.
2. The date of the seizure for forfeiture.
3. The type of property seized and a description of the property seized, including, if applicable, the make, the model and the serial number of the property.
4. The location of the original seizure by law enforcement.
5. The estimated value of the property seized for forfeiture, not excluding encumbrances.
6. The criminal statute that allowed the seizure for forfeiture.
7. The criminal statute charged in any criminal case that is related to the forfeiture case, if known at the time of the report.
8. The court case number of any criminal case that is related to the forfeiture case, if known at the time of the report.
9. The outcome of any criminal case that is related to the forfeiture case, if known at the time of the report.
10. If the property was seized by a state agency and submitted for state forfeiture proceedings but was transferred to federal authorities for forfeiture proceedings, the reason for the federal transfer.
11. The forfeiture case number.
12. The method of forfeiture proceeding, including whether it was criminal or civil, and if civil, whether the civil forfeiture was judicial or uncontested pursuant to section 13‑4309.
13. The venue of the forfeiture action.
14. Whether a person or entity filed a claim or counterclaim or submitted a petition asserting an interest in the property as an owner, interest holder or injured person.
15. Whether the owner, interest holder or injured person was assisted by an attorney in the forfeiture case.
16. The date of the forfeiture decision.
17. Whether there was a forfeiture settlement agreement.
18. Whether the property was awarded or partially awarded to the owner, partial owner or injured person or if the property was forfeited to the state.
19. Whether the property was sold, destroyed or retained by law enforcement.
20. The earliest date that the property was disposed of or sent for disposition.
21. The net amount of monies received from the forfeiture.
22. The estimated administrative and storage costs and any other costs, including any costs of litigation.
23. The amount of attorney fees, costs, expenses and damages awarded and to whom the fees, costs, expenses or damages were awarded.
L. The reports that are required by subsections H and I of this section must include the following information with regard to all expenditures made from the fund for:
1. Crime, gang and substance abuse prevention programs.
2. Any injured person as defined in section 13‑4301.
3. Witness protection.
4. Investigation costs, including informant fees and buy money.
5. Regular‑time salaries, overtime pay and employee benefits of prosecutors.
6. Regular‑time salaries, overtime pay and employee benefits of sworn law enforcement agency personnel other than prosecutors.
7. Regular‑time salaries, overtime pay and employee benefits of unsworn law enforcement agency personnel other than prosecutors.
8. Professional or outside services, including services related to auditing, outside attorney fees, court reporting, expert witnesses and other court costs.
9. Travel and meals.
10. Training.
11. Conferences.
12. Vehicles purchased or leased.
13. Vehicle maintenance.
14. Canines, firearms and related equipment, including tactical gear.
15. Other capital expenditures, including furniture, computers and office equipment.
16. External publications and communications.
17. Other operating expenses, including office supplies, postage and printing. Expenses listed under this paragraph must be separately categorized.
M. Beginning in 2018 and every other year thereafter, the auditor general shall conduct a performance audit, as defined in section 41‑1278, and a financial audit of the attorney general's use of monies in the fund. The audits must include all expenditures that were made by the attorney general's office from the fund for the previous two years. The auditor general shall submit copies of the performance and financial audits to the president of the senate, the speaker of the house of representatives and the chairpersons of the senate judiciary committee and the house of representatives judiciary and public safety committee, or their successor committees. The attorney general shall pay any fees and costs of the audits under this section from the fund.
Sec. 2. Section 13-2314.03, Arizona Revised Statutes, is amended to read:
13-2314.03. County anti-racketeering revolving fund; use of fund; reports
A. The board of supervisors of a county shall establish a county anti‑racketeering revolving fund administered by the county attorney under the conditions and for the purposes provided by this section.
B. Any prosecution and investigation costs, including attorney fees, recovered for the county as a result of enforcement of civil and criminal statutes pertaining to any offense included in the definition of racketeering in section 13‑2301, subsection D, paragraph 4 or section 13‑2312, whether by final judgment, settlement or otherwise, shall be deposited in the fund established by the board of supervisors.
C. Any monies received by any department or agency of this state or any political subdivision of this state from any department or agency of the United States or another state as a result of participation in any investigation or prosecution, whether by final judgment, settlement or otherwise, shall be deposited in the fund established pursuant to this section or in the fund established by section 13‑2314.01.
D. Any monies obtained as a result of a forfeiture by the county attorney under this title or under federal law shall be deposited in the fund established pursuant to this section. Any monies or other property obtained as a result of a forfeiture by any political subdivision of this state or the federal government may be deposited in the fund established pursuant to this section or in the fund established by section 13‑2314.01. Monies deposited in the fund pursuant to this section or section 13‑4315 shall accrue interest and shall be held for the benefit of the agency or agencies responsible for the seizure or forfeiture to the extent of their contribution.
E. Except as provided in subsections G and H of this section, the monies and interest shall be distributed to the agency or agencies responsible for the seizure or forfeiture within thirty days of application. The agency or agencies applying for monies must submit an application in writing to the county attorney that includes a description of what the requested monies will be used for. The county attorney may deny an application that requests monies for a purpose that is not authorized by this section, section 13‑4315 or federal law. Except in an emergency, before the county attorney's office may use any monies from the fund, the county attorney shall submit an application that includes a description of what the requested monies will be used for to the board of supervisors. The board of supervisors shall approve the county attorney's use of the monies if the purpose is authorized by this section, section 13‑4315 or federal law. If an application is not submitted to the board of supervisors before the county attorney's office uses monies from the fund because of an emergency, the application must be submitted to the board of supervisors within a reasonable amount of time after the monies are used. The board of supervisors, at its next meeting, shall review and ratify, if appropriate, the county attorney's use of the monies. The board of supervisors may retain outside counsel, if necessary, to approve, review or ratify the county attorney's use of the monies.
F. Monies in the fund may be used for the funding of gang prevention programs, substance abuse prevention programs, substance abuse education programs, programs that provide assistance to victims of a criminal offense that is listed in section 13‑2301 and witness protection pursuant to section 11‑536 or for any purpose permitted by federal law relating to the disposition of any property that is transferred to a law enforcement agency. Monies in the fund may be used for the investigation and prosecution of any offense included in the definition of racketeering in section 13‑2301, subsection D, paragraph 4 or section 13‑2312, including civil enforcement, and for the costs of the reports and application and expenditure reviews and approvals that are required by this section.
G. On or before February 21, May 21, August 21 and November 21 of each year, the county attorney shall file with the Arizona criminal justice commission a report for the previous calendar quarter. The report shall be in an electronic form that is prescribed by the Arizona criminal justice commission and approved by the director of the joint legislative budget committee. The report shall set forth the sources of all monies and all expenditures as required by subsections J and K of this section. The report shall not include any identifying information about specific investigations. If the county attorney fails to file a report within sixty days after it is due and there is no good cause as determined by the Arizona criminal justice commission, the county attorney shall make no expenditures from the fund for the benefit of the county attorney until the report is filed, and the county attorney is subject to a civil penalty of $500 or one quarter of the forfeiture proceeds received by the county attorney during the reporting period, whichever is greater. Civil penalties collected pursuant to this subsection shall be deposited in the state general fund.
H. On or before January 28, April 28, July 28 and October 28 of each year, each political subdivision of this state receiving monies pursuant to this section or section 13‑2314.01 or 13‑4315 or from any department or agency of the United States or another state as a result of participating in any investigation or prosecution shall file with the board of supervisors of the county in which the political subdivision is located, each city or town council in which the political subdivision is located and the county attorney of the county in which the political subdivision is located a report for the previous calendar quarter. The report shall be in an electronic form that is prescribed by the Arizona criminal justice commission and approved by the director of the joint legislative budget committee. The report shall set forth the sources of all monies and all expenditures as required by subsection K of this section. The report shall not include any identifying information about specific investigations. If a political subdivision of this state fails to file a report within forty‑five days after the report is due and there is no good cause as determined by the Arizona criminal justice commission, the county attorney shall make no expenditures from the fund for the benefit of the political subdivision until the report is filed, and the political subdivision is subject to a civil penalty of $500 or one quarter of the forfeiture proceeds received by the political subdivision during the reporting period, whichever is greater. Civil penalties collected pursuant to this subsection shall be deposited in the state general fund. The county attorney shall be responsible for collecting all reports from political subdivisions within that county and transmitting the reports to the Arizona criminal justice commission at the time that the county report required pursuant to subsection G of this section is submitted.
I. On or before the last day of February, May, August and November of each year, the Arizona criminal justice commission shall compile all county attorney reports into a single comprehensive report for the previous calendar quarter and all political subdivision reports into a single comprehensive report for the previous calendar quarter and submit an electronic copy of each comprehensive report to the governor, the president of the senate, the speaker of the house of representatives, the director of the joint legislative budget committee and the secretary of state. Within twenty‑four hours after submitting the electronic copy of the report, the Arizona criminal justice commission shall publish the report on the commission's website.
J. The report that is required by subsection G of this section must include all of the following information if monies were obtained as a result of a forfeiture:
1. The name of the law enforcement agency that seized the property.
2. The date of the seizure for forfeiture.
3. The type of property seized and a description of the property seized, including, if applicable, the make, the model and the serial number of the property.
4. The location of the original seizure by law enforcement.
5. The estimated value of the property seized for forfeiture, not excluding encumbrances.
6. The criminal statute that allowed the seizure for forfeiture.
7. The criminal statute charged in any criminal case that is related to the forfeiture case, if known at the time of the report.
8. The court case number of any criminal case that is related to the forfeiture case, if known at the time of the report.
9. The outcome of any criminal case that is related to the forfeiture case, if known at the time of the report.
10. If the property was seized by a state agency and submitted for state forfeiture proceedings but was transferred to federal authorities for forfeiture proceedings, the reason for the federal transfer.
11. The forfeiture case number.
12. The method of forfeiture proceeding, including whether it was criminal or civil, and if civil, whether the civil forfeiture was judicial or uncontested pursuant to section 13‑4309.
13. The venue of the forfeiture action.
14. Whether a person or entity filed a claim or counterclaim or submitted a petition asserting an interest in the property as an owner, interest holder or injured person.
15. Whether the owner, interest holder or injured person was assisted by an attorney in the forfeiture case.
16. The date of the forfeiture decision.
17. Whether there was a forfeiture settlement agreement.
18. Whether the property was awarded or partially awarded to the owner, partial owner or injured person or if the property was forfeited to the state.
19. Whether the property was sold, destroyed or retained by law enforcement.
20. The earliest date that the property was disposed of or sent for disposition.
21. The net amount of monies received from the forfeiture.
22. The estimated administrative and storage costs and any other costs, including any costs of litigation.
23. The amount of attorney fees, costs, expenses and damages awarded and to whom the fees, costs, expenses or damages were awarded.
K. The reports that are required by subsections G and H of this section must include the following information with regard to all expenditures made from the fund for:
1. Crime, gang and substance abuse prevention programs.
2. Any injured person as defined in section 13‑4301.
3. Witness protection.
4. Investigation costs, including informant fees and buy money.
5. Regular‑time salaries, overtime pay and employee benefits of prosecutors.
6. Regular‑time salaries, overtime pay and employee benefits of sworn law enforcement agency personnel other than prosecutors.
7. Regular-time salaries, overtime pay and employee benefits of unsworn law enforcement agency personnel other than prosecutors.
8. Professional or outside services, including services related to auditing, outside attorney fees, court reporting, expert witnesses and other court costs.
9. Travel and meals.
10. Training.
11. Conferences.
12. Vehicles purchased or leased.
13. Vehicle maintenance.
14. Canines, firearms and related equipment, including tactical gear.
15. Other capital expenditures, including furniture, computers and office equipment.
16. External publications and communications.
17. Other operating expenses, including office supplies, postage and printing. Expenses listed under this paragraph must be separately categorized.
18. Any emergency use when monies were used from the fund before an application to use the monies was approved.
