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HB2265 - 572R - H Ver
House Engrossed
courts; fees;
assessments
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HOUSE BILL 2265
AN
ACT
amending sections 11-584, 12-115 and 12-253,
Arizona Revised Statutes; amending title 12, chapter 3, article 1, Arizona
Revised Statutes, by adding section 12-306; amending sections 12-332,
13-4034 and 22-371, Arizona Revised Statutes; relating to court fees.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it
enacted by the Legislature of the State of Arizona:
Section
1.
1. Section
11-584, Arizona Revised Statutes, is amended to read:
START_STATUTE
11-584.
Public defender; duties; reimbursement prohibited
A. The public defender, on order of the court, shall
defend, advise and counsel any person who is entitled to counsel as a matter of
law and who is not financially able to employ counsel in the following
proceedings and circumstances:
1. Offenses triable in the superior court or justice
courts at all stages of the proceedings, including the preliminary examination.
2. Extradition hearings.
3. Mental disorder hearings only if appointed by the
court under title 36, chapter 5.
4. Involuntary commitment hearings held pursuant to
title 36, chapter 18, only if appointed by the court.
5. Involuntary commitment hearings held pursuant to
title 36, chapter 37, if appointed by the court as provided in section 36-3704,
subsection C and the board of supervisors has advised the presiding judge of
the county that the public defender is authorized to accept these appointments.
6. Juvenile delinquency and incorrigibility
proceedings only if appointed by the court under section 8-221.
7. Appeals to a higher court or courts.
8. All juvenile proceedings other than delinquency
and incorrigibility proceedings under paragraph 6 of this subsection, including
serving as a guardian ad litem, if appointed by the court pursuant to section 8-221
and the board of supervisors has advised the presiding judge of the county that
the public defender is authorized to accept these appointments.
9. All mental health hearings regarding release
recommendations that are held in the superior court pursuant to title 13,
chapter 38, article 14 and the board of supervisors has advised the presiding
judge of the superior court in the county that the public defender is
authorized to accept these appointments.
10. As attorneys in any other proceeding or
circumstance in which a party is entitled to counsel as a matter of law if the
court appoints the public defender and the board of supervisors has advised the
presiding judge of the county that the public defender is authorized to accept
these appointments as specified.
B. The public defender shall perform the following
duties:
1. Keep a record of all services rendered by the
public defender in that capacity and file with the board of supervisors an
annual report of those services.
2. By December 1 of each year, file with the
presiding judge of the superior court, the chief probation officer and the
board of supervisors an annual report on the average cost of defending a felony
case.
C.
Although
The services of the
public defender or court appointed counsel shall be without expense to the
defendant, the juvenile, a parent or any other party
.
,
The court may
not
make
the following
any
assessments
related to the appointment or services of a public defender,
including
:
1.
Order
An indigent
administrative assessment
of not more than $25
.
2.
Require that the defendant,
including a defendant who is placed on probation, or any other party who is
appointed counsel under subsection A of this section repay to the county a
reasonable amount to reimburse
Any reimbursement to
the
county for the cost of the person's legal services. Reimbursement for legal
services in a guardianship or conservatorship proceeding shall be ordered
pursuant to section 14-5414. The court may not order a
juvenile or the juvenile's parent or guardian to pay administrative assessments
or
to
reimburse the cost of legal services.
D. In determining the amount and
method of payment the court shall take into account the financial resources of
the defendant and the nature of the burden that the payment will impose.
E. Assessments collected pursuant to
subsection C of this section shall be paid into the county general fund in the
account designed for use solely by the public defender and court appointed
counsel to defray the costs of public defenders and court appointed counsel.�
The assessments shall supplement, not supplant, funding provided by counties
for public defense, legal defense and contract indigent defense counsel in each
county.
END_STATUTE
Sec.
2.
2. Section
12-115, Arizona Revised Statutes, is amended to read:
START_STATUTE
12-115.
Additional filing, appearance and answer or response fees;
deposit
A. In addition to any other assessment authorized by
law, the supreme court shall establish an additional fee on each filing,
appearance and answer or response fee charged by a clerk of the superior court.
B. The clerk shall collect the additional fee and
monthly remit the additional fees to the county treasurer. The
county treasurer shall transmit the fees to the state treasurer on or before
the fifteenth day of each month for deposit, pursuant to sections 35-146
and 35-147, in the fair jury improvement fund established by section 21-222. 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. The additional fee may be deferred or waived
pursuant to sections 12-302 and 12-304.
D. In establishing the additional fees under
subsection A of this section, the supreme court may designate by rule that the
additional fees not be imposed on filings in types of cases that involve
minimal use of court resources, that are not afforded the opportunity for a
trial by jury or that do not involve the use of digital evidence.
�The supreme court may not impose the additional fees on filings for a
jury trial in a criminal case.
END_STATUTE
Sec.
3.
3. Section
12-253, Arizona Revised Statutes, is amended to read:
START_STATUTE
12-253.
Powers and duties
The adult probation officer shall:
1. Make and file a complete record of persons
who are
placed under suspended sentence by the court
,
and of all reports
that are
made
to the
Adult probation
officer in writing or in person,
in accordance with the conditions imposed by the court.
2. Exercise general supervision and observation over
persons
who are
under suspended sentence and supervision
pursuant to section 13-3994, subject to control and direction by the
court.
3. Serve warrants, make arrests and bring persons
before the court who are under suspended sentences. The
adult probation
officer has the authority of a peace officer in
the performance of the
adult probation
officer's duties.
4. Investigate cases
that are
referred
to the
adult probation
officer for investigation by the
court in which the
adult probation
officer is serving and
report to the court. In an investigation for a presentence report,
the adult probation officer shall promptly inquire into the circumstances of
the offense
,
and
the convicted
person's history of delinquency or criminality, social history, employment
history, family situation, economic status,
including the ability
to contribute to reimbursement for the costs of the person's legal defense
pursuant to section 11-584,
education and personal
habits.
The presentence report shall contain a
recommendation by the officer regarding contribution by the convicted person
toward the costs of legal defense pursuant to section 11-584.
The
adult probation
officer shall also promptly inquire into
the physical, emotional and financial impact of the offense on the victim and
the emotional and financial impact of the offense on the
victim's
immediate family
of the victim
and shall notify the
victim or the
victim's
immediate family
of
the victim
of the right to appear personally or by counsel at any
aggravation or mitigation proceeding.
5. Secure and keep a complete identification record
of every person
who is
released under a suspended
sentence and a written statement of the conditions of the suspension.
6. Obtain and
assemble information
concerning
that
concerns
the conduct of persons
who are
placed
under suspended sentence and report the information to the court.
7. Bring defaulting
probationers into court when in the
adult
probation
officer's judgment the conduct of the probationer justifies the court to revoke
suspension of the sentence.
8. Monitor the payment of restitution.
END_STATUTE
Sec.
4.
4. Title
12, chapter 3, article 1, Arizona Revised Statutes, is amended by adding
section 12-306, to read:
START_STATUTE
12-306.
New fees
The court shall not adopt any new fee
, fine, surcharge or assessment that applies against a criminal
defendant.
END_STATUTE
Sec.
5.
5. Section
12-332, Arizona Revised Statutes, is amended to read:
START_STATUTE
12-332.
Taxable costs and jury fee in superior court; prohibited in
criminal actions
A. Costs in the superior court include:
1. Fees of officers and witnesses.
2. Cost of taking depositions.
3. Compensation of referees.
4. Cost of certified copies of papers or records.
5. Sums paid a surety company for executing any bond
or other obligation therein, not exceeding
, however,
one
per cent
percent
on the amount of the
liability on the bond or other obligation during each year it was in force.
6. Other disbursements that are made or incurred
pursuant to an order or agreement of the parties.
B.
In a civil case,
a jury fee
shall also be included in the judgment and taxed as costs and shall be fixed by
the court at the time the judgment is given. The jury fee shall
include the cost of reimbursement for juror travel expenses. The
jury fee shall be paid to the clerk of the court for transmittal to the county
treasurer who shall dispose of it as other similar money is disposed
of. An action to collect jury fees shall be commenced:
1. Only if the judgment fixing the jury fees is
recorded in the office of the county recorder not later than thirty days after
the judgment is rendered.
2. At any time after the date of the recording of
the judgment fixing the jury fees and the judgment does not expire until it is
paid in full.
C. The court may at any time for good cause shown
relieve a person from payment of a jury fee
in a civil case
if the court believes that such relief is proper.
D. A jury fee may not be imposed in a
criminal case.
END_STATUTE
Sec.
6.
6. Section
13-4034, Arizona Revised Statutes, is amended to read:
START_STATUTE
13-4034.
Expense of record or transcript on appeal as county charge
The expense of a certified copy of the record on appeal or of
the reporter's transcript
, or both, when appellant files an
affidavit that he is without means or wholly unable to pay for such copies, and
such affidavit is found true,
shall be a charge
upon
on
the county in which the appellant was convicted.
END_STATUTE
Sec.
7.
7. Section
22-371, Arizona Revised Statutes, is amended to read:
START_STATUTE
22-371.
Right of appeal; procedure for taking appeal; transcript;
appellate filing fee prohibited
A. The defendant in a criminal action may appeal to
the superior court from the final judgment of a justice or municipal court.
B. The procedure for appeals from a justice or
municipal court to the superior court shall be as provided by rules adopted by
the supreme court.
C. In a trial in a justice or municipal court, a
transcript of the proceedings may be ordered in the sole discretion of the
superior court.
D. A defendant may not appeal from a judgment or
sentence that is entered pursuant to a plea agreement or from an admission to a
probation violation.
E. A victim, as defined in section 13-4401,
may bring a special action seeking to enforce any right or to challenge an
order denying any right guaranteed to victims.
F. The court may not impose an
appellate filing fee on a criminal defendant.
END_STATUTE