Bill Text: AZ SB1116 | 2015 | Fifty-second Legislature 1st Regular | Chaptered
Bill Title: Fines; fees; costs; community restitution
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2015-04-13 - Chapter 269 [SB1116 Detail]
Download: Arizona-2015-SB1116-Chaptered.html
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Senate Engrossed |
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State of Arizona Senate Fifty-second Legislature First Regular Session 2015
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CHAPTER 269
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SENATE BILL 1116 |
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AN ACT
amending section 13‑810, Arizona Revised Statutes; amending title 13, chapter 8, Arizona Revised Statutes, by adding section 13‑824; amending section 28‑1389, Arizona Revised Statutes; relating to restitution and fines.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-810, Arizona Revised Statutes, is amended to read:
13-810. Consequences of nonpayment of fines, fees, restitution or incarceration costs
A. In addition to any other remedy provided by law, including a writ of execution or other civil enforcement, if a defendant who is sentenced to pay a fine, a fee or incarceration costs defaults in the payment of the fine, fee or incarceration costs or of any installment as ordered, the clerk of the court imposing the fine, fee or incarceration costs shall notify the prosecutor and the sentencing court. The court, on motion of the prosecuting attorney or on its own motion, shall require the defendant to show cause why the defendant's default should not be treated as contempt and may issue a summons or a warrant of arrest for the defendant's appearance.
B. In addition to any other remedy provided by law, including a writ of execution or other civil enforcement, if a defendant who is ordered to pay restitution defaults in the payment of the restitution or of any installment as ordered, the clerk of the court that imposed the restitution shall notify the prosecutor and the sentencing court on a monthly basis. The court, on motion of the prosecuting attorney, on petition of any person entitled to restitution pursuant to a court order or on its own motion, shall require the defendant to show cause why the defendant's default should not be treated as contempt and may issue a summons or a warrant of arrest for the defendant's appearance.
C. At any hearing on the order to show cause the court, the prosecuting attorney or a person entitled to restitution may examine the defendant under oath concerning the defendant's financial condition, employment and assets or on any other matter relating to the defendant's ability to pay restitution.
D. If the court finds that the defendant has wilfully failed to pay a fine, a fee, restitution or incarceration costs or finds that the defendant has intentionally refused to make a good faith effort to obtain the monies required for the payment, the court shall find that the default constitutes contempt and may do one of the following:
1. Order the defendant incarcerated in the county jail until the fine, fee, restitution or incarceration costs, or a specified part of the fine, fee, restitution or incarceration costs, is paid.
2. Revoke the defendant's probation, parole or community supervision and sentence the defendant to prison pursuant to law.
3. Enter an order pursuant to section 13‑812. The levy or execution for the collection of a fine, a fee, restitution or incarceration costs does not discharge a defendant who is incarcerated for nonpayment of the fine, fee, restitution or incarceration costs until the amount of the fine, fee, restitution or incarceration costs is collected.
4. Order the defendant to perform community restitution.
E. If the court finds that the default is not wilful and that the defendant cannot pay despite sufficient good faith efforts to obtain the monies, the court may take any lawful action including:
1. Modify the manner in which the restitution, fine, fee or incarceration costs are to be paid.
2. Enter any reasonable order that would assure compliance with the order to pay.
3. Enter an order pursuant to section 13‑812. The levy or execution for the collection of a fine, a fee, restitution or incarceration costs does not discharge a defendant incarcerated for nonpayment of the fine, fee, restitution or incarceration costs until the amount of the fine, fee, restitution or incarceration costs is collected.
F. If a fine, a fee, restitution or incarceration costs are imposed on an enterprise it is the duty of the person or persons authorized to make disbursement from the assets of the enterprise to pay them from those assets, and their failure to do so shall be held a contempt unless they make the showing required in subsection A or B of this section.
Sec. 2. Title 13, chapter 8, Arizona Revised Statutes, is amended by adding section 13-824, to read:
13-824. Community restitution in lieu of fines, fees or incarceration costs
notwithstanding any other law, in a municipal or justice court, if a defendant is sentenced to pay a fine, a fee, assessment or incarceration costs and the court finds the defendant is unable to pay all or part of the fine, fee, assessment or incarceration costs, the court may order the defendant to perform community restitution in lieu of the payment for all or part of the fine, fee, assessment or incarceration costs. The amount of community restitution shall be equivalent to the amount of the fine, fee or incarceration costs by crediting any service performed at a rate of ten dollars per hour.
Sec. 3. Section 28-1389, Arizona Revised Statutes, is amended to read:
28-1389. Waiver of fine, surcharge or assessment
Notwithstanding any other law, The court shall not waive a fine or assessment imposed pursuant to this article or a surcharge imposed pursuant to section 12‑116.01 or 12‑116.02 for a conviction of an offense listed in this article.
Sec. 4. Effective date
This act is effective from and after December 31, 2015.
APPROVED BY THE GOVERNOR APRIL 13, 2015.
FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 14, 2015.
