House of Representatives

SB 1029

child support; termination; condition

Sponsors: Senator Petersen; Representative Hershberger

 

DPA s/e

Committee on Human Services

X

Committee on Judiciary

 

Caucus and COW

 

Third Read

 

 

As Passed the House

 

SB 1029 provides for automatic termination of a child support order if the obligee and obligor marry one another and specifies that arrearages do not accrue after the marriage date.

 

Current Status

The Human Services Committee adopted the strike-everything amendment to SB 1029 that establishes a sentencing commission to review sentencing structure and make recommendations for improvement.

 

Proposed Strike-everything Amendment to SB 1029

Creates a sentencing commission to review Arizona’s existing sentencing structure and make recommendations for improving the structure to the governor, legislature, and the supreme court by December 31, 2003.

 

Provisions

·          Establishes an 18-member sentencing commission to review the sentencing structure, including laws, policies and practices and recommend changes regarding the criminal code, the rules of criminal procedure and other prescribed aspects of sentencing policies that the commission deems appropriate.

·          Specifies that the Speaker of the House of Representatives and the President of the Senate shall designate the cochairpersons from one of the two members they each appoint.

·          Requires the commission to meet quarterly or on the call of the cochairpersons and stipulates the legislature shall provide support staff.

·          Outlines the charge of the commission to include:

Ř      Reviewing Arizona’s sentencing structure, laws, policies and practices and recommending changes to the criminal code, rules of criminal procedure and other aspects of sentencing that may be necessary.

Ř      Compare the effectiveness of Arizona’s sentencing scheme with that of other states in regard to deterring crime, reducing recidivism and in regard to the fiscal impact to the state.

·          Requires the commission to submit a report of its findings to the Governor, the President of the Senate, the Speaker of the House of Representatives and the Chief Justice of the Supreme Court on or before December 31, 2003.

 

·          Allows the commission to request data from agencies, political subdivisions and judicial officers, hold hearings or perform any other function that may be necessary to carry out the purposes of the commission.

·          Terminates the commission on January 1, 2004.

 

Differences Between the Provisions above and the Proposed Strike-everything Amendment to SB 1029 Proposed for the Judiciary Committee

·          Establishes a 22-member sentencing commission, rather than an 18-member commission.

·          Does not provide for the commission to review the Arizona Rules of Criminal Procedure.

·          Does not provide for the commission to review sentencing structures of other states.

 

Amendments

The strike–everything amendment to SB 1029 was adopted by the Human Services Committee. 

 

 

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45th Legislature                       

Second Regular Session            2          April 12, 2002

 

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