REFERENCE TITLE: criminal justice; 2025-2026

 

 

 

 

State of Arizona

House of Representatives

Fifty-seventh Legislature

First Regular Session

2025

 

 

 

HB 2951

 

Introduced by

Representative Livingston (with permission of Committee on Rules)

 

 

 

 

 

 

 

 

AN ACT

 

amending Title 12, chapter 1, article 1, Arizona Revised Statutes, by adding section 12-102.05; Amending title 12, chapter 2, Arizona Revised Statutes, by adding Article 13; repealing section 12-299.16, Arizona Revised Statutes; Amending sections 13-2314.01, 31-227 and 41-2409, Arizona Revised Statutes; amending Laws 2023, chapter 137, section 4, as amended by laws 2024, chapter 213, section 8; amending Laws 2025, chapter 56, sections 1 and 2; relating to criminal justice.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 12, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 12-102.05, to read:

START_STATUTE12-102.05. Child and family representation; report

A. THE CHILD AND FAMILY REPRESENTATION PROGRAM IS ESTABLISHED IN THE ADMINISTRATIVE OFFICE OF THE COURTs FOR the purpose of COLLABORATING WITH SUPERIOR COURTS, JUDGES AND ATTORNEYS TO ENSURE UNIFORM, HIGH-QUALITY LEGAL REPRESENTATION BY ATTORNEYS APPOINTED PURSUANT TO SECTION 8-221.

B. THE SUPREME COURT SHALL EMPLOY ADMINISTRATIVE AND OTHER PERSONNEL that IT DETERMINES ARE NECESSARY TO PROPERLY ADMINISTER THE PROGRAM, including a child and family representation compliance chief.

C. THE PROGRAM SHALL ENHANCE THE PROVISION OF LEGAL REPRESENTATION FOR CHILDREN AND PARENTS BY doing the following:

1. ASSESSING THE PROVISION AND AVAILABILITY OF HIGH-QUALITY, ACCESSIBLE TRAINING in THis STATE FOR PERSONS WHO SERVE AS COUNSEL FOR CHILDREN AND PARENTS and for JUDGES WHO REGULARLY HEAR DEPENDENCY MATTERS.

2. MAKING RECOMMENDATIONS TO THE SUPREME COURT CONCERNING THE ESTABLISHMENT OR MODIFICATION, BY COURT RULE, OF MINIMUM TRAINING REQUIREMENTS AND PRACTICE STANDARDS THAT ATTORNEYS who serve AS COUNSEL SHALL MEET, INCLUDING APPROPRIATE MAXIMUM CASELOADS, MINIMUM RESPONSIBILITIES AND DUTIES AND PRACTICE GUIDELINES.

3. AUDITING THE PRACTICE OF COUNSEL TO ENSURE COMPLIANCE WITH ALL RELEVANT STATUTES, COURT RULES, OTHER DIRECTIVES, POLICIES or PROCEDURES AND CONTRACT PROVISIONS.

4. FILING ETHICAL COMPLAINTS AGAINST ATTORNEYS WHO VIOLATE THE RULES OF PROFESSIONAL CONDUCT RELATED TO THE REPRESENTATION OF CHILDREN AND PARENTS IN DEPENDENCY PROCEEDINGS.

5. WORKING COOPERATIVELY WITH THE DEPARTMENT OF CHILD SAFETY, the OFFICE OF THE ATTORNEY GENERAL, JUDGES, ATTORNEYS, children and parents who have been IMPACTED BY THE CHILD WELFARE SYSTEM TO FORM PARTNERSHIPS FOR THE PURPOSE OF ENSURING HIGH-QUALITY LEGAL REPRESENTATION FOR CHILDREN AND PARENTS.

6. RECOMMENDING FAIR AND REALISTIC COMPENSATION RATES THAT ARE SUFFICIENT TO ATTRACT AND RETAIN HIGH-QUALITY, EXPERIENCED ATTORNEYS TO SERVE AS COURT APPOINTED COUNSEL FOR CHILDREN AND PARENTS.

7. SEEKING TO ENHANCE EXISTING FUNDING SOURCES FOR THE PROVISION OF HIGH-QUALITY COUNSEL SERVICES FOR CHILDREN AND PARENTS AND STUDYING THE AVAILABILITY OF OR DEVELOPING NEW FUNDING SOURCES FOR THE PROVISION OF COUNSEL.

8. DEVELOPING MEASURES TO ASSESS AND DOCUMENT THE EFFECTIVENESS OF COUNSEL AND THE OUTCOMES ACHIEVED BY CHILDREN who are REPRESENTED BY COUNSEL in consultation with state and national interest groups with an understanding of best practices for representing children and parents in dependency proceedings.

9. Assisting foster parents, foster children, biological parents and other persons who have knowledge of an alleged violation with filing ethical complaints related to the representation of children and parents in dependency proceedings.

D. ON OR BEFORE JUNE 30 of EACH YEAR, THE PROGRAM SHALL REPORT to the president of the senate and the speaker of the house of representatives ON THE MEASURES TAKEN TO ASSESS AND DOCUMENT THE EFFECTIVENESS OF COUNSEL. Beginning in 2030 and every five years thereafter, the legislature shall review the program outcomes to determine whether the program should be continued. END_STATUTE

Sec. 2. Title 12, chapter 2, Arizona Revised Statutes, is amended by adding article 13, to read:

ARTICLE 13. JUDICIAL OFFICER AND EMPLOYEE RESTRICTIONS

START_STATUTE12-299.15. Court officers; state boards; prohibition

Unless expressly authorized by the constitution, state law or an administrative order of the court, an elected or appointed judicial officer or an employee of the JUDICIAL branch may not serve on any board, commission, council or task force. END_STATUTE

START_STATUTE12-299.16. Court officers; family law; salary increase; prohibition

For fiscal years 2025-2026, 2026-2027 and 2027-2028, a judicial officer or an employee who handles family law matters may not receive a salary increase, raise, bonus or cost of living adjustment. END_STATUTE

Sec. 3. Delayed repeal

Section 12-299.16, Arizona Revised Statutes, as added by this act, is repealed from and after June 30, 2028.

Sec. 4. Section 13-2314.01, Arizona Revised Statutes, is amended to read:

START_STATUTE13-2314.01. 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, 2025, the attorney general may not use monies from the fund to pay salaries for 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. 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. 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.

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.

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 the criminal case that is related to the forfeiture case.

8. The court case number of the criminal case that is related to the forfeiture case.

9. The outcome of the criminal case that is related to the forfeiture case.

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 a claim was filed by an owner or interest holder.

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 and proceeds 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.

N. any monies deposited in the fund pursuant to this section and distributed to local political subdivisions are subject to the conditions and purposes provided in this section. END_STATUTE

Sec. 5. Section 31-227, Arizona Revised Statutes, is amended to read:

START_STATUTE31-227. Expenses of prosecution; reimbursement of counties

A. If a person is arrested within this state for any crime committed in or adjacent and related to a correctional facility under the jurisdiction of the state department of corrections or committed while escaped from a correctional facility under the jurisdiction of the department or from the custody of officials or employees of the department while away from the correctional facility, the clerk of the court in which the legal proceedings relating to the crime are held shall prepare an itemized claim pursuant to an existing intergovernmental agreement with the state department of corrections against the state for the court costs and any other costs or fees incurred by the county on the prosecution and defense of the case and the cost of confining and keeping the prisoner. The claim shall be certified by the judge of the court, sent to the state department of corrections.

B. On receipt of the claim, the state department of corrections shall file the claim with the department of administration and paid shall pay the claim from the appropriation for the support of the state department of corrections to the county treasurer of the county where the legal proceedings were held. The county treasurer shall deposit the monies in the county general fund. END_STATUTE

Sec. 6. Section 41-2409, Arizona Revised Statutes, is amended to read:

START_STATUTE41-2409. State aid; administration; report

A. The Arizona criminal justice commission shall administer the state aid to county attorneys fund established by section 11-539. On or before September 1 of each year, the commission shall distribute monies in the fund to each county according to the following composite index formula:

1. The three-year average of the total felony filings in the superior court in the county, divided by the statewide three-year average of the total felony filings in the superior court.

2. The county population, as adopted by the office of economic opportunity, divided by the statewide population, as adopted by the office of economic opportunity.

3. The sum of paragraphs 1 and 2 of this subsection divided by two equals the composite index.

4. The composite index for each county shall be used as the multiplier against the total funds monies appropriated from the state general fund and other monies distributed to the fund pursuant to section 41-2421.

B. The board of supervisors in each county shall separately account for the monies transmitted pursuant to subsection A of this section and may expend these monies only for the purposes specified in section 11-539. The county treasurer shall invest these monies and interest earned shall be expended only for the purposes specified in section 11-539.

C. The Arizona criminal justice commission shall administer the state aid to indigent defense fund established by section 11-588. By September 1 of each fiscal year, the commission shall distribute monies in the fund to each county according to the following composite index formula:

1. The three-year average of the total felony filings in the superior court in the county divided by the statewide three-year average of the total felony filings in the superior court.

2. The county population, as adopted by the office of economic opportunity, divided by the statewide population, as adopted by the office of economic opportunity.

3. The sum of paragraphs 1 and 2 of this subsection divided by two equals the composite index.

4. The composite index for each county shall be used as the multiplier against the total funds monies appropriated from the state general fund and other monies distributed to the fund pursuant to section 41-2421.

D. The board of supervisors shall separately account for the monies transmitted pursuant to subsection C of this section and may expend these monies only for the purposes specified in section 11-588. The county treasurer shall invest these monies and interest earned shall be expended only for the purposes specified in section 11-588.

E. The Arizona criminal justice commission shall administer the state aid for juvenile dependency proceedings fund established by section 41-2410. On or before September 1 of each fiscal year, the Arizona criminal justice commission shall distribute monies in the fund to each eligible county in which the three-year average of the total juvenile dependency case filings in the superior court in the county exceeds the three-year average juvenile dependency case filings in the superior court of the county for fiscal years 2012-2013, 2013-2014 and 2014-2015 based on the proportional share of the increase in petitions filings for each county in the most recent fiscal year for which juvenile dependency case filing figures are available. Distributions from the state aid for juvenile dependency proceedings fund to a county may not exceed $250,000 in any fiscal year. If a county distribution in any fiscal year is projected to exceed $250,000, the arizona criminal justice commission shall distribute monies in excess of $250,000 to the remaining counties based on the proportional share of juvenile dependency case filings statewide for each county less the juvenile dependency case filings from the counties that have reached the maximum distribution in the fiscal year.

F. The board of supervisors shall separately account for the monies distributed pursuant to subsection E of this section and may spend these monies only for the purposes specified in section 41-2410. The county treasurer shall invest these monies and interest earned shall be spent only for the purposes specified in section 41-2410.

G. On or before January 8 each year, the commission shall report to each county board of supervisors, the governor, the legislature, the joint legislative budget committee, the chief justice of the supreme court and the attorney general on the expenditure of the monies in the state aid to county attorneys fund and the state aid to indigent defense fund for the prior fiscal year and on the progress made in achieving the goal of improved criminal case processing. END_STATUTE

Sec. 7. Laws 2023, chapter 137, section 4, as amended by Laws 2024, chapter 213, section 8, is amended to read:

Sec. 4. Fentanyl prosecution, diversion and testing fund; exemption; delayed repeal; transfer of monies

A. The fentanyl prosecution, diversion and testing fund is established consisting of monies appropriated by the legislature. The department of public safety shall administer the fund and may use monies in the fund for costs that are associated with administering the fund. Monies in the fund are continuously appropriated and are exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations. The department shall allocate monies in the fund on a first-come, first-served basis to:

1. County attorneys, county sheriffs and courts to reimburse costs related to fentanyl prosecutions in this state that involve a violation of either of the following:

(a) Section 13-3408, subsection A, paragraph 2, 3 or 4, Arizona Revised Statutes.

(b) Section 13-3408, subsection A, paragraph 7, Arizona Revised Statutes, unless the violation involves the transfer or offer to transfer fentanyl.

2. Law enforcement agencies in this state to reimburse costs related to fentanyl testing.

3. Law enforcement agencies in this state to reimburse costs related to fentanyl diversion activities.

B. From and after June 30, 2025 2027, this section is repealed and any unexpended or unencumbered monies in the fentanyl prosecution, diversion and testing fund established by this section are transferred to the state general fund.

Sec. 8. Laws 2025, chapter 56, section 1 is amended to read:

Section 1.  Appropriations; nuclear emergency management fund

Pursuant to sections 26-306.01 and 26-306.02, Arizona Revised Statutes, the sum of $2,617,991$2,667,991 in fiscal year 2025-2026 and the sum of $2,711,339$2,761,339 in fiscal year 2026-2027 are appropriated from the nuclear emergency management fund established by section 26-306.02, Arizona Revised Statutes, as follows:

1. For use by the division of emergency management of the department of emergency and military affairs as provided in section 26-306.02, Arizona Revised Statutes, the sum of $1,266,916 and 8 full time equivalent positions in fiscal year 2025-2026 and the sum of $1,311,566 and 8 full time equivalent positions in fiscal year 2026 2027.

2. For use by the Arizona department of agriculture for programs relating to off-site nuclear emergency response plans, the sum of $347,109 and 2.44 full-time equivalent positions in fiscal year 2025-2026 and the sum of $352,877 and 2.44 full-time equivalent positions in fiscal year 2026-2027.

3. For disbursement by the division of emergency management of the department of emergency and military affairs to departments and agencies of Maricopa county that are assigned responsibilities under the off-site nuclear emergency response plan, the sum of $953,966 in fiscal year 2025-2026 and the sum of $996,896 in fiscal year 2026-2027.

4. For disbursement by the division of emergency management of the department of emergency and military affairs to departments and agencies of the city of Buckeye that are assigned responsibilities under the off-site nuclear emergency response plan, the sum of $100,000 in fiscal year 2025-2026 and the sum of $100,000 in fiscal year 2026-2027.

Sec. 9. Laws 2025, chapter 56, section 2 is amended to read:

Sec. 2. Assessments

Pursuant to section 26-306.01, Arizona Revised Statutes, the sum of $2,617,991$2,667,991 in fiscal year 2025-2026 and the sum of $2,711,339$2,761,339 in fiscal year 2026-2027, plus any applicable interest, are assessed against each consortium of public service corporations and municipal corporations engaged in constructing or operating a commercial nuclear generating station in this state.

Sec. 10. Retroactivity

Section 41-2409, Arizona Revised Statutes, as amended by this act, applies retroactively to from and after June 30, 2025.