FOR CAUCUS & FLOOR ACTION

REVISED

ARIZONA STATE SENATE

RESEARCH STAFF

SHERYL RABIN

LEGISLATIVE RESEARCH ANALYST

JUDICIARY COMMITTEE

Telephone: (602) 542-3171

Facsimile: (602) 542-7833

TO: MEMBERS OF THE SENATE

DATE: February 2, 2001

SUBJECT: Strike Everything Amendment (related to the same subject) to S.B. 1002 (bail bonds)

Purpose

Authorizes a county sheriff to accept bonds from any person not otherwise prohibited from posting bonds under current law.

Background

According to the Administrative Office of the Courts (AOC), the current law relating to acceptance of bail bonds by sheriffs was not being interpreted uniformly throughout the state. Although most county sheriffs were accepting bail bonds from any person, the Pima County Sheriff’s Office was interpreting current statute to limit the authority of the sheriff to accepting bail bonds only from bail bond agents licensed in Pima County. Although the situation in Pima County has been remedied, the question has now surfaced in other counties. Both the Pima County Attorney and the Attorney General representing the sheriff’s and the clerk’s offices believe this language should be clarified. The AOC states that S.B. 1002 is necessary to ensure that acceptance of bail bonds is uniform throughout the state.

The same-subject strike-everything amendment clarifies the law to authorize county sheriffs to accept the bond of any person.

There is no discernable fiscal impact on the state general fund at this time.

Provisions

1. Authorizes a county sheriff to accept a bond from any person not otherwise prohibited from posting bonds under current law.

2. Provides for a general effective date.

Amendments Adopted by Judiciary Committee

The strike everything amendment was adopted.

Senate Action

JUD 1/30/01 DPA/SE 7-0-1-0

SR/jas