Second Regular Session H.B. 2527
PROPOSED
SENATE AMENDMENTS TO H.B. 2527
(Reference to House engrossed bill)
Strike everything after the enacting clause and insert:
"Section 1. Section 12-114, Arizona Revised Statutes, is amended to read:
12-114. Surcharge on court ordered diversion programs for traffic offenses; deposit
A. If a court authorizes individuals charged with civil or criminal traffic offenses to attend a court authorized diversion program, including a defensive driving school program, it shall require the assessment of a five nine dollar surcharge on the fees charged by such the court authorized diversion programs.
B. A court or a court authorized diversion program shall collect the five nine dollar surcharge and remit the surcharge to the supreme court which shall deposit, pursuant to sections 35‑146 and 35‑147, five dollars of the surcharge in the judicial collection enhancement fund and the remaining four dollars in the peace officer training equipment fund established by section 41‑1731.
Sec. 2. Title 12, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 12-116.08, to read:
12-116.08. Assessment; peace officer training equipment fund
A. In addition to any other penalty assessment provided by law, a penalty assessment shall be levied in an amount of four dollars on every civil penalty imposed and collected for a civil traffic violation and fine, penalty or forfeiture for a criminal violation of the motor vehicle statutes or for any local ordinance relating to the stopping, standing or operation of a vehicle.
B. The court shall transmit the assessments collected pursuant to this section and a remittance report of the fines, civil penalties and forfeitures 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 forfeitures to the city or town treasurer.
C. The city, town or county treasurer shall transmit the assessment and the remittance report to the state treasurer. The state treasurer shall deposit the assessment in the peace officer training equipment fund established by section 41‑1731.
Sec. 3. Title 41, chapter 12, article 2, Arizona Revised Statutes, is amended by adding section 41-1731, to read:
41-1731. Peace officer training equipment fund; exemptions
A. The peace officer training equipment fund is established consisting of monies deposited pursuant to sections 12‑114 and 12‑116.08. The state treasurer shall administer the fund. Monies in the fund may be used only for peace officer equipment.
B. 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 fund.
C. Monies in the fund:
1. Do not revert to the state general fund at the end of the fiscal year.
2. Are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
3. Are subject to legislative appropriation.
Sec. 4. Section 41-2405, Arizona Revised Statutes, is amended to read:
41-2405. Arizona criminal justice commission; powers and duties; staff
A. The Arizona criminal justice commission shall:
1. Monitor the progress and implementation of new and continuing criminal justice legislation.
2. Facilitate research among criminal justice agencies and maintain criminal justice system information.
3. Facilitate coordinated statewide efforts to improve criminal justice information and data sharing.
4. Prepare for the governor a biennial criminal justice system review report. The report shall contain:
(a) An analysis of all criminal justice programs created by the legislature in the preceding two years.
(b) An analysis of the effectiveness of the criminal code, with a discussion of any problems and recommendations for revisions if deemed necessary.
(c) A study of the level of activity in the several areas of the criminal justice system, with recommendations for redistribution of criminal justice revenues if deemed necessary.
(d) An overall review of the entire criminal justice system, including crime prevention, criminal apprehension, prosecution, court administration and incarceration at the state and local levels as well as funding needs for the system.
(e) Recommendations for constitutional, statutory and administrative revisions that are necessary to develop and maintain a cohesive and effective criminal justice system.
5. Provide supplemental reports on criminal justice issues of special timeliness.
6. In coordination with other governmental agencies, gather information on programs that are designed to effectuate community crime prevention and education using citizen participation and on programs for alcohol and drug abuse prevention, education and treatment and disseminate that information to the public, political subdivisions, law enforcement agencies and the legislature.
7. Make recommendations to the legislature and the governor regarding the purposes and formula for allocation of fund monies as provided in section 41‑2401, subsection D and section 41‑2402 through the biennial agency budget request.
8. Adopt rules for the purpose of allocating fund monies as provided in sections 41‑2401, 41‑2402 and 41‑2407 that are consistent with the purposes set forth in those sections and that promote effective and efficient use of the monies.
9. Make reports to the governor and the legislature as they require.
10. Oversee the research, analyses, studies, reports and publication of crime and criminal justice statistics prepared by the Arizona statistical analysis center, which is an operating section of the Arizona criminal justice commission.
11. Prepare an annual report on law enforcement activities in this state that are funded by the drug and gang enforcement fund or the criminal justice enhancement fund and that relate to illicit drugs and drug related gang activity. The report shall be submitted by October 31 of each year to the governor, the president of the senate and the speaker of the house of representatives and a copy shall be submitted to the secretary of state. The report shall include:
(a) The name and a description of each law enforcement program dealing with illegal drug activity or street gang activity, or both.
(b) The objective and goals of each program.
(c) The source and amount of monies received by each program.
(d) The name of the agency or entity that administers each program.
(e) The effectiveness of each program.
12. Compile and disseminate information on best practices for cold case investigations, including effective victim communication procedures. For the purposes of this paragraph, "cold case" means a homicide or a felony sexual offense that remains unsolved for one year or more after being reported to a law enforcement agency and that has no viable and unexplored investigatory leads.
13. Prepare a report for the legislature on or Before December 1, 2018 and once every five years thereafter on both of the following:
(a) The current amount of each surcharge and assessment that is authorized by law to be collected on every fine, penalty and forfeiture imposed and collected by the courts for criminal offenses and every 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 a violation of the game and fish statutes in title 17.
(b) The items for which the collected surcharge or assessment monies are used.
B. The Arizona criminal justice commission, as necessary to perform its functions, may:
1. Request any state or local criminal justice agency to submit any necessary information.
2. Form subcommittees, make studies, conduct inquiries and hold hearings.
3. Subject to chapter 4, article 4 of this title, employ consultants for special projects and such staff as deemed necessary or advisable to carry out this section.
4. Delegate its duties to carry out this section, including:
(a) The authority to enter into contracts and agreements on behalf of the commission.
(b) Subject to chapter 4, article 4 and, as applicable, articles 5 and 6 of this title, the authority to appoint, hire, terminate and discipline all personnel of the commission, including consultants.
5. Establish joint research and information facilities with governmental and private agencies.
6. Accept and expend public and private grants of monies, gifts and contributions and expend, distribute or allocate monies appropriated to the commission for the purpose of enhancing efforts to investigate or prosecute and adjudicate any crime and to implement this chapter.
Sec. 5. Appropriation; peace officer training equipment
The first $2,300,000 that is deposited in the peace officer training equipment fund established by section 41‑1731, Arizona Revised Statutes, as added by this act, is appropriated in fiscal year 2018‑2019 to the department of public safety to purchase virtual firing range equipment and software that:
1. Are ballistically accurate to a degree of .08 milliradian, as verified by the United States army.
2. Take into account the exact weapon and round being fired.
3. Emulate the real world as closely as possible, including ballistic fly‑out projectiles, weapon behavior, projectile size, environmental effects and impact results.
4. Will work with the virtual firing range simulators that are used by this state before the effective date of this section.
5. Are capable of generating unlimited custom high definition video scenarios, skill drills, targeting exercises and firearms training in any setting.
Sec. 6. Effective date
Section 12‑114, Arizona Revised Statutes, as amended by this act, and sections 12‑116.08 and 41‑1731, Arizona Revised Statutes, as added by this act, are effective from and after December 31, 2018."
Amend title to conform