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AZ HB2169
Bill
Status
4/22/2019
Primary Sponsor
Reginald Bolding
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AI Summary
HB 2169 Summary
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Prohibits courts from ordering a defendant incarcerated in county jail solely based on nonpayment of fines, surcharges, fees, assessments, restitution, or incarceration costs.
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Removes the option for courts to order incarceration as a consequence for willful failure to pay financial obligations; instead limits remedies to community restitution and orders pursuant to section 13-812.
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Requires courts to find that default is not willful and that the defendant cannot pay despite good faith efforts before taking alternative lawful actions such as modifying payment terms or entering reasonable compliance orders.
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Modifies the definition of "prisoner" in detention facility statutes to remove reference to incarceration specifically for nonpayment of fines, limiting detention to only contempt charges or probation violations.
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Maintains all other civil enforcement remedies including writs of execution and proceedings to show cause why default should not be treated as contempt.
Legislative Description
Incarceration; prohibited; failure to pay
Sentencing
Last Action
Assigned to House RULES Committee
4/22/2019