Criminal Justice

HB 2825 amends Arizona law to change how courts handle cases where defendants fail to pay court-ordered fines, fees, restitution, or incarceration costs. It requires courts to hold hearings to determine if nonpayment is willful (intentional refusal to pay) before imposing penalties like jail time, explicitly prohibiting incarceration solely due to inability to pay. The bill mandates clear written notices in plain language for defendants about their hearing rights and financial hardship evidence, and allows courts to enter a civil default judgment if defendants skip hearings without valid reason. This directly affects individuals owing court-ordered payments, prosecutors, victims seeking restitution, and courts managing these cases.

HB 2976 strengthens due process protections for Arizona justices of the peace when state or county entities take administrative actions that affect their statutory duties, such as changing authority or imposing new operational costs. The bill requires these entities to provide written notice, a hearing before an independent officer, clear evidence, and the right to counsel before making such decisions. It also mandates that administrative orders affecting justice courts be reported to the legislature within 10 days with fiscal impact statements, and prevents counties from implementing new requirements without state funding. This directly impacts elected justices of the peace, county governments, and state/county administrative bodies overseeing justice courts.

HB 4136 creates two new felony offenses for entering a residential structure where a vulnerable adult lives without permission. A general unlawful entry (Class 4 felony) requires the owner/caregiver to report the incident, while a sexual offense version (Class 3 felony) applies if the entry involves specific sexual crimes. The bill mandates immediate arrest by law enforcement and adds this violation to Arizona’s sex offender registration requirements under Section 13-3821. It directly affects individuals entering vulnerable adults’ homes without consent, with the owner/caregiver’s report triggering criminal penalties.

HB 2063 allocates $1.5 million from Arizona's state general fund for fiscal year 2026-2027 to the Corrections Oversight Fund, which supports the Independent Correctional Oversight Office. This funding is specifically designated for the office's operations under existing law (Title 41, Chapter 59 of Arizona Revised Statutes), enabling it to conduct oversight activities within the state prison system. The bill does not create new policies or change existing laws - it solely provides financial resources for an already established oversight body. The office, which monitors correctional facilities and conditions, will use these funds for its mandated oversight functions.

Arizona's HB 2175 increases prison sentences for certain crimes committed "out of hostility toward a victim because of the victim's identity in a protected group" (as defined in state law). It applies to offenses like assault (Section 13-1203), criminal damage (Section 13-1602), and other felonies listed in the bill. If convicted under these circumstances, defendants face a 3- to 5-year sentence increase (depending on felony class) and cannot receive probation, suspended sentences, or early release until the full term is served. The law explicitly states it does not restrict constitutional free speech rights.

HB 2045 amends Arizona law to define "drive by shooting" as intentionally discharging a weapon from a motor vehicle (or the immediate area used to transport the shooter) at a person, occupied vehicle, or structure. It classifies this offense as a class 2 felony and requires judges to revoke the convicted person’s driver’s license for one to five years upon conviction, forwarding the order to the Department of Transportation. The bill also mandates forfeiture of vehicles used in the offense under existing chapter 39 procedures. These provisions directly affect individuals convicted of drive-by shootings, increasing penalties through license suspension and vehicle seizure.