The proposed bill, if enacted, would significantly revise the enforcement mechanisms for payment defaults related to fines, fees, assessments, and restitution in Arizona. Under current law, a defendant who defaults on payments must appear in court to show cause why their default should not be treated as contempt, which can lead to arrest warrants and potential incarceration. The bill would replace this criminal enforcement approach with a civil enforcement framework, allowing courts to issue summonses for hearings to determine a defendant's ability to pay without the threat of arrest for nonappearance. Additionally, it would eliminate the requirement for defendants to show cause regarding contempt and would allow for civil default determinations to be made without further court orders.

The bill also introduces several new provisions, including the ability for the state or individuals entitled to restitution to pursue civil collection remedies following a civil default determination. It mandates that defendants receive written notice of their rights and the purpose of hearings, ensuring they are informed about their ability to present evidence of financial hardship. Furthermore, it establishes that any recovered funds from civil enforcement cannot be returned to the defendant and outlines specific conditions under which a defendant can challenge a civil default determination. Overall, these changes aim to streamline the process and reduce the reliance on criminal penalties for nonpayment.

Statutes affected:
Introduced Version: 13-810