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REFERENCE TITLE: penalty assessment; victims' rights enforcement |
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State of Arizona House of Representatives Fifty-first Legislature Second Regular Session 2014
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HB 2625 |
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Introduced by Representative Tobin
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AN ACT
amending section 12‑116.04, Arizona Revised Statutes; amending title 41, chapter 12, article 2, Arizona Revised Statutes, by adding section 41‑1722; relating to the victims' rights enforcement fund.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 12-116.04, Arizona Revised Statutes, is amended to read:
12-116.04. Assessment; victims' rights enforcement; law enforcement officer equipment; gang and immigration intelligence team enforcement mission
A. In addition to any other penalty assessment provided by law, a penalty assessment shall be levied in an amount of thirteen fifteen dollars on every fine, penalty and forfeiture imposed and collected by the courts for criminal offenses and any civil penalty imposed and collected for a civil traffic violation and fine, penalty or forfeiture for a violation of the motor vehicle statutes, for any local ordinance relating to the stopping, standing or operation of a vehicle or for a violation of the game and fish statutes in title 17.
B. The court shall transmit the assessments collected pursuant to this section and a remittance report of the fines, civil penalties and assessments 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 assessments to the city treasurer.
C. The city or county treasurer shall transmit eight ten dollars of the assessment and the remittance report to the state treasurer. The state treasurer shall deposit two dollars of the assessment in the victims' rights enforcement fund established by section 41‑1722, four dollars of the assessment in the public safety equipment fund established by section 41‑1723 and the remaining four dollars of the assessment in the gang and immigration intelligence team enforcement mission border security and law enforcement subaccount established by section 41‑1724.
D. The city or county treasurer shall transmit four dollars of the assessment and the remittance report to the agency that investigated the offense or issued the citation to be used to supplement, not supplant, monies available for officer safety equipment.
E. The city treasurer shall transmit one dollar of the assessment and the remittance report to the county treasurer. The county treasurer shall transmit one dollar of the assessment and any monies received from the city treasurer pursuant to this subsection to the following entities to be used to improve, maintain and enhance the ability to collect and manage monies assessed or received by the courts, to improve court automation and to improve case processing or the administration of justice:
1. In a county with a population of less than two million persons, to the justice courts, distributed proportionally based on the judicial productivity credits calculated pursuant to section 22‑125.
2. In a county with a population of two million persons or more, to the justice court administration.
Sec. 2. Title 41, chapter 12, article 2, Arizona Revised Statutes, is amended by adding section 41-1722, to read:
41-1722. Victims' rights enforcement fund; use; reporting
A. The victims' rights enforcement fund is established consisting of monies collected pursuant to section 12-116.04 and monies available from any other source. The department shall administer the fund, shall distribute the monies to qualifying organizations and entities and may use up to five per cent of the monies deposited in the fund for its administrative costs. Monies in the fund are continuously appropriated.
B. On application, the department shall annually distribute monies from the fund to nonprofit organizations and entities that can demonstrate a five-year history of providing, without cost to the crime victim, each of the following services to crime victims:
1. Legal representation to enforce the rights of crime victims as counsel of record in criminal cases.
2. Social services to assist the crime victim during the course of the legal representation.
C. An organization or entity that applies for monies pursuant to this section may establish its qualifications through an attorney who otherwise meets the requirements of subsection B of this section.
D. An organization that qualifies under the terms of subsection B of this section shall be funded for the services included in subsection B of this section, including administrative support for the services. Each organization and entity that receives funding pursuant to this section shall submit an annual report to the department that details the organization's or entity's budget for the program and all of the sources and amounts of public monies that are spent on the program that provides the services to crime victims included in subsection B of this section. The report shall include the following:
1. The expenditures of the public monies.
2. The level of crime victim satisfaction with the services.
E. This section does not require the reporting of the name or personal identifying information of any crime victim or crime victim advocate, any information protected under the attorney-client privilege or any information the crime victim requests to remain private.