Reference Title: criminal restitution orders; enforcement

AN ACT
AMENDING SECTIONS 12-1551 AND 13-805, ARIZONA REVISED STATUTES; RELATING TO RESTITUTION.

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

Section 1. Section 12-1551, Arizona Revised Statutes, is amended to read:

12-1551 . Issuance of writ of execution; limitation; renewal; death of judgment debtor; exemption for child support

A. The party in whose favor a judgment is given, at any time within five years after entry of the judgment and within five years after any renewal of the judgment either by affidavit or by an action brought on it, may have a writ of execution or other process issued for its enforcement.

B. An execution or other process shall not be issued upon a judgment after the expiration of five years from the date of its entry unless the judgment is renewed by affidavit or process pursuant to section 12-1612 or an action is brought on it within five years from the date of the entry of the judgment or of its renewal.

C. The court shall not issue a writ of execution after death of the judgment debtor unless it is for the recovery of real or personal property or enforcement of a lien.

D. These limitations do not apply to CRIMINAL RESTITUTION ORDERS ENTERED PURSUANT TO SECTION 13-805 OR TO judgments and orders for the support of a minor or for those children whose support is extended beyond the age of emancipation pursuant to section 25-501, subsection A or section 25-320, subsection B. It is not necessary to renew CRIMINAL RESTITUTION ORDERS ENTERED PURSUANT TO SECTION 13-805 OR TO RENEW judgments and orders during the minority of the children or during the period of their disability. These actions are limited only as prescribed by section 25-503, subsection J.

Sec. 2. Section 13-805, Arizona Revised Statutes, is amended to read:

13-805 . Jurisdiction

A. The trial court shall retain jurisdiction of the case for purposes of modifying the manner in which court-ordered payments are made until paid in full , or until the defendant's sentence expires. At the time the defendant completes the defendant's period of probation or the defendant's sentence, the court shall enter both:

1. A criminal restitution order in favor of the state for the unpaid balance, if any, of any fines, costs, incarceration costs, fees, surcharges or assessments imposed.

2. A criminal restitution order in favor of each person entitled to restitution for the unpaid balance of any restitution ordered.

B. A criminal restitution order expires five years after the date the order is signed by the court. A criminal restitution order may be recorded , AND enforced and renewed as any civil judgment , EXCEPT THAT A CRIMINAL RESTITUTION ORDER DOES NOT REQUIRE RENEWAL PURSUANT TO SECTION 12-1611 OR 12-1612. A CRIMINAL RESTITUTION ORDER DOES NOT EXPIRE UNTIL PAID IN FULL .

C. A criminal restitution order is a criminal penalty for the purposes of a federal bankruptcy involving the defendant.

APPROVED BY THE GOVERNOR APRIL 29, 1999.

FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 29, 1999.