Bill Text: AZ HB2752 | 2019 | Fifty-fourth Legislature 1st Regular | Chaptered
Bill Title: Criminal justice; budget reconciliation; 2019-2020.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2019-05-31 - Chapter 268 [HB2752 Detail]
Download: Arizona-2019-HB2752-Chaptered.html
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House Engrossed |
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State of Arizona House of Representatives Fifty-fourth Legislature First Regular Session 2019
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CHAPTER 268
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HOUSE BILL 2752 |
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AN ACT
amending sections 13-2314.01, 21-202 and 28-2007, Arizona Revised Statutes; amending sections 41-2832 and 44-1531.02, Arizona Revised Statutes; amending laws 2018, chapter 278, section 14; appropriating monies; relating to criminal justice budget reconciliation.
(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 G and H and I of this section, the monies and interest shall be distributed within thirty days of 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 one million dollars $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. 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 41‑196 or for any purpose permitted by federal law relating to the disposition disposing of any property that is transferred to a law enforcement agency.
2. The investigation Investigating and prosecution of 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. The payment of 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 the effective date of this amendment to this section, 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.
G. 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 K 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. 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 H I of this section is submitted.
H. 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 J and 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. 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.
I. 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.
J. K. The report that is required by subsection H 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.
K. L. The reports that are required by subsections G and 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.
L. 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 21-202, Arizona Revised Statutes, is amended to read:
21-202. Persons entitled to be excused from jury service
A. It is the policy of this state that all qualified citizens have an obligation to serve on juries when summoned by the courts of this state, unless excused.
B. On timely application to the court, the following persons shall be excused temporarily from service as a juror if the judge or jury commissioner finds that any of the following applies:
1. The prospective juror has a mental or physical condition that causes the juror to be incapable of performing jury service. The juror or the juror's personal representative shall provide to the court or jury commissioner a medical statement from a physician who is licensed pursuant to title 32, a physician assistant who is licensed pursuant to title 32, chapter 25 or a registered nurse practitioner who is licensed pursuant to title 32, chapter 15 that explains an existing mental or physical condition that renders the person unfit for jury service. If a prospective juror does not have a physician, a physician assistant or a registered nurse practitioner, the prospective juror or the juror's personal representative shall provide a sworn statement from a professional caregiver for the prospective juror that is deemed acceptable by the court or jury commissioner and that explains the mental or physical condition that renders the prospective juror incapable of performing jury service. For the purposes of this paragraph:
(a) The statement shall be in writing and shall contain a description and duration of any mobility restrictions, the specific symptoms that make the prospective juror mentally or physically unfit for jury service and their duration, the employment status of the prospective juror and the printed name, signature, professional license number if applicable, area of specialty and contact information of the authorizing physician, physician assistant, registered nurse practitioner or professional caregiver.
(b) A form that complies with this paragraph shall be made available at courthouses, the Arizona medical board website, the Arizona regulatory board of physician assistants website, the Arizona board of osteopathic examiners in medicine and surgery website, the Arizona state board of nursing website and other appropriate locations that are identified by the court or jury commissioner.
(c) These documents are not public records and shall not be disclosed to the general public.
2. Jury service by the prospective juror would substantially and materially affect the public interest or welfare in an adverse manner.
3. The prospective juror is not currently capable of understanding the English language.
4. Jury service would cause undue or extreme physical or financial hardship to the prospective juror or a person under the prospective juror's care or supervision. For the purposes of this paragraph:
(a) A judge or jury commissioner of the court for which the person was called to jury service shall determine whether jury service would cause the prospective juror undue or extreme physical or financial hardship.
(b) A person who requests to be excused under this paragraph shall take all actions necessary to obtain a ruling on the request before the date on which the person is scheduled to appear for jury duty.
(c) Undue or extreme physical or financial hardship is limited to the following circumstances in which a person:
(i) Would be required to abandon a person under the potential juror's care or supervision due to the impossibility of obtaining an appropriate substitute caregiver during the period of participation in the jury pool or on the jury.
(ii) Would incur costs that would have a substantial adverse impact on the payment of the person's necessary daily living expenses or on those for whom the potential juror provides regular employment or the principal means of support.
(iii) Would suffer physical hardship that would result in illness or disease.
(d) Undue or extreme physical or financial hardship does not exist solely based on the fact that a prospective juror will be required to be absent from the prospective juror's place of employment.
(e) A person who requests to be excused under this paragraph shall provide the judge or jury commissioner with documentation that supports the request to be excused, such as federal and state income tax returns, payroll records, medical statements from physicians licensed pursuant to title 32, physician assistants licensed pursuant to title 32, chapter 25 or registered nurse practitioners licensed pursuant to title 32, chapter 15, proof of dependency or guardianship or other similar documents. The judge or jury commissioner may excuse a person if the documentation clearly supports the request to be excused. These documents are not public records and shall not be disclosed to the general public.
5. The prospective juror is a peace officer who is certified by the Arizona peace officer standards and training board and who is employed as a peace officer by this state or any political subdivision of this state. The employer of a peace officer shall not in any way influence the peace officer to make or not to make an application to the court, pursuant to this section, to be excused from jury service.
6. A judge or jury commissioner of the court for which the person was called to jury service excuses the prospective juror for good cause based on a showing of undue or extreme hardship under the circumstances, including being temporarily absent from the jurisdiction or a lack of transportation.
7. The prospective juror is summoned within four years after the prospective juror's last day of service on a grand jury in this state. This paragraph does not apply to a person selected as an alternate grand juror.
8. Through January 1, 2022, the prospective juror is employed in the correctional officer class series by the state department of corrections.
C. Notwithstanding subsection B of this section, a prospective juror who is at least seventy-five years of age may submit a written statement to the court requesting that the person be excused from service. The prospective juror may request to be excused temporarily or permanently. On receipt of the request, the judge or jury commissioner shall excuse the prospective juror from service.
D. A person who is excused temporarily pursuant to this section becomes eligible for qualification as a juror when the temporary excuse expires unless the person is permanently excused from jury service.
E. A person may be permanently excused only if the deciding judge or jury commissioner determines that the underlying grounds for being excused are permanent in nature or the person is permanently excused under subsection C of this section.
F. If the judge, jury commissioner or jury manager permanently excuses the person from jury service, the person shall be notified that the person is permanently excused.
Sec. 3. Section 28-2007, Arizona Revised Statutes, is amended to read:
28-2007. Highway safety fee
A. At the time of application for and before registration each year of a vehicle, the registering officer shall collect a highway safety fee in an amount to be determined by the director annually for each fiscal year. The director shall deposit, pursuant to sections 35‑146 and 35‑147, all monies collected pursuant to this section in the Arizona highway patrol fund established by section 41-1752. The highway safety fee shall fully fund one hundred ten percent of the department of public safety highway patrol budget for each fiscal year less any prior unencumbered balance in the Arizona highway patrol fund established by section 41‑1752 that exceeds ten percent of the prior year's deposits of highway safety fee monies pursuant to this section.
B. The department is exempt from the rulemaking requirements of title 41, chapter 6 for the purpose of determining the highway safety fee pursuant to this section.
B. Notwithstanding subsection A of this section, beginning from and after June 30, 2021, the registering officer may not collect a highway safety fee.
Sec. 4. Section 41-2832, Arizona Revised Statutes, is amended to read:
41-2832. County contributions for committed youth in secure care facilities; county payments; excluded costs
A. The department shall annually assess a committed youth confinement cost sharing fee to each county with a population of more than five hundred thousand persons.
B. Each county with a population of more than five hundred thousand persons shall pay the monies owed within thirty days after a request by the department. If a county does not make the payment, the director shall notify the state treasurer of the amount owed and the state treasurer shall withhold the amount, including any additional interest as provided in section 42‑1123, from any transaction privilege tax revenues that would otherwise be distributed to the county. The state treasurer shall deposit, pursuant to sections 35‑146 and 35‑147, the withholdings in the department of juvenile corrections local cost sharing fund established by section 41‑2833. The department shall deposit the monies received from a county in the department of juvenile corrections local cost sharing fund established by section 41‑2833.
C. County contributions made pursuant to this section are excluded from the county expenditure limitations.
D. Notwithstanding any other law, a county may meet the cost sharing requirements of this section from any source of county revenue designated by the county, including monies of any countywide special taxing jurisdiction in which the board of supervisors serves as the board of directors.
Sec. 5. Section 44-1531.02, Arizona Revised Statutes, is amended to read:
44-1531.02. Consumer restitution and remediation revolving fund; subaccounts
A. The consumer restitution and remediation revolving fund is established to be administered by the attorney general under the conditions and for the purposes provided by this section. On notice from the attorney general, 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 appropriate subaccount of the fund.
B. The consumer restitution subaccount of the consumer restitution and remediation revolving fund is established consisting of monies collected or received by the attorney general as the result of an order of a court of competent jurisdiction, or as the result of a settlement or compromise, for the purpose of compensating specific, identifiable persons, including this state, for economic loss resulting from violations or alleged violations of consumer protection laws. The attorney general shall administer the subaccount. Monies in the subaccount are continuously appropriated. Monies in the subaccount are exempt from the provisions of section 35‑190, relating to lapsing of appropriations. The attorney general shall distribute monies in the subaccount to specific, identifiable persons as directed by a court order. The attorney general may distribute any unexpended funds monies in the consumer restitution subaccount to the consumer protection–consumer fraud revolving fund established by section 44‑1531.01.
C. The consumer remediation subaccount of the consumer restitution and remediation revolving fund is established consisting of monies collected or received by the attorney general from a party as the result of an order of a court of competent jurisdiction, or as the result of a settlement or compromise, to rectify violations or alleged violations of consumer protection laws, other than monies collected for the benefit of specific, identifiable persons and monies for investigative or court costs, attorney fees, civil penalties or other monies recovered as a result of the enforcement of consumer protection laws deposited in the consumer protection‑consumer fraud revolving fund pursuant to section 44‑1531.01. The attorney general shall administer the subaccount. Monies in the subaccount up to the amount of three million five hundred thousand dollars $4,000,000 annually are continuously appropriated. Any amounts in excess of three million five hundred thousand dollars $4,000,000 are subject to legislative appropriation. Monies in the subaccount are exempt from the provisions of section 35-190, relating to lapsing of appropriations. The attorney general may expend spend monies in the subaccount for programs, including consumer fraud education programs, that are intended to rectify violations or alleged violations of consumer protection laws. The attorney general may expend spend monies in the consumer remediation subaccount for operating expenses incurred by the department of law in administering or implementing programs intended to rectify violations or alleged violations of consumer protection laws. The attorney general shall submit an expenditure plan to the joint legislative budget committee for review before expending spending any monies in the subaccount.
D. On or before January 15, April 15, July 15 and October 15 each year, the attorney general shall file with the governor, with copies to the director of the department of administration, the president of the senate, the speaker of the house of representatives, the secretary of state and the staff director of the joint legislative budget committee, a full and complete account of the receipts and disbursements from the fund by subaccount in the previous calendar quarter.
Sec. 6. Laws 2018, chapter 278, section 14 is amended to read:
Sec. 14. Department of emergency and military affairs; military installation fund; fiscal years 2018‑2019 and 2019-2020; exemption
A. Notwithstanding section 26‑262, Arizona Revised Statutes, the department of emergency and military affairs may use up to $1,250,000 in the military installation fund established by section 26‑262, Arizona Revised Statutes, in fiscal year years 2018‑2019 and 2019‑2020 to construct a readiness center.
B. The appropriation made in subsection A of this section is exempt from the provisions of section 35‑190, Arizona Revised Statutes, relating to the lapsing of appropriations until June 30, 2020.
Sec. 7. Colorado River land claims revolving fund; transfer of monies
All unexpended and unencumbered monies remaining in the Colorado River land claims revolving fund established by section 41‑191.05, Arizona Revised Statutes, are transferred to the state general fund on the effective date of this act.
Sec. 8. Department of public safety; board of fingerprinting fund; fiscal year 2019‑2020
Notwithstanding section 41‑619.56, Arizona Revised Statutes, the department of public safety may use the monies appropriated to the department of public safety in fiscal year 2019‑2020 from the board of fingerprinting fund established by section 41‑619.56, Arizona Revised Statutes, for capital expenditures.
Sec. 9. GIITEM fund; county sheriff allocation; fiscal year 2019‑2020
Notwithstanding section 41‑1724, subsection C, Arizona Revised Statutes, in fiscal year 2019‑2020, of the monies deposited in the gang and immigration intelligence team enforcement mission fund established by section 41‑1724, Arizona Revised Statutes, after allocation of the first $500,000 to the county sheriff of a county with a population of less than five hundred thousand persons but more than three hundred thousand persons, $400,000 shall be allocated in fiscal year 2019‑2020 to the county sheriff of a county with a population of less than two million persons but more than eight hundred thousand persons.
Sec. 10. GIITEM border security and law enforcement subaccount; expenditure plan; review
Notwithstanding section 41‑1724, subsection G, Arizona Revised Statutes, before the department of public safety spends any monies appropriated in the general appropriations act for fiscal year 2019‑2020 from the gang and immigration intelligence team enforcement mission border security and law enforcement subaccount established by section 41‑1724, Arizona Revised Statutes, the department shall submit the subaccount's entire expenditure plan to the joint legislative budget committee for review.
Sec. 11. GIITEM border security and law enforcement subaccount; use; fiscal year 2019‑2020
Notwithstanding section 41-1724, subsection E, Arizona Revised Statutes, the department of public safety may use up to $144,900 of the amount appropriated in the fiscal year 2019-2020 general appropriations act from the gang and immigration intelligence team enforcement mission border security and law enforcement subaccount established by section 41‑1724, Arizona Revised Statutes, in fiscal year 2019-2020 for costs related to an increase in the public safety personnel retirement system employer contribution rate.
Sec. 12. State department of corrections; budget structure
Notwithstanding any other law, the state department of corrections shall report actual fiscal year 2018-2019, estimated fiscal year 2019-2020 and requested fiscal year 2020-2021 expenditures in the same structure and detail as the prior fiscal year when the department submits the fiscal year 2020-2021 budget request pursuant to section 35-113, Arizona Revised Statutes. The information submitted for each line item shall contain as much detail as submitted in previous years for prior line items.
Sec. 13. Department of public safety; state aid to indigent defense fund; concealed weapons permit fund; fiscal year 2019-2020
Notwithstanding sections 11-588 and 41‑1722, Arizona Revised Statutes, the department of public safety may use monies in the state aid to indigent defense fund established by section 11-588, Arizona Revised Statutes, and the concealed weapons permit fund established by section 41‑1722, Arizona Revised Statutes, in fiscal year 2019-2020 for operating expenses.
Sec. 14. Department of public safety; Arizona highway patrol fund; fiscal year 2019-2020
Notwithstanding section 41-1752, Arizona Revised Statutes, the department of public safety may use monies in the Arizona highway patrol fund established by section 41-1752, Arizona Revised Statutes, in fiscal year 2019-2020 for the pharmaceutical diversion and drug theft task force.
Sec. 15. Department of juvenile corrections; county contribution amount for committed youth in secure facilities; suspension in fiscal year 2019-2020
Notwithstanding section 41-2832, Arizona Revised Statutes, as amended by this act, the director of the department of juvenile corrections may not assess a committed youth confinement cost sharing fee to any county for committed youth in secure care facilities in fiscal year 2019‑2020.
APPROVED BY THE GOVERNOR MAY 31, 2019.
FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 31, 2019.
