AZ: You say court surcharge, I say court penalty assessment….

Trying to come to terms with terms is at the heart of both legislative and judicial branches. One such area where the two can become entangled is with the difference between a court imposed surcharge in criminal cases where there is a conviction and an assessment the court imposes as the result of a criminal conviction. For Arizona, the terms matter: courts are required to collect a 61% and 13% surcharge, or penalty assessment, for violations of motor vehicle statutes and a 10% surcharge is also permitted for violations related to the Clean Elections Act. Moreover, it is not 100% what the surcharge is on (can one surcharge a surcharge? an assessment?)

Enter HB 2353 which clarifies that surcharges apply to the base fine and do not apply to another surcharge and conforms all terminology currently referring to a penalty assessment as a surcharge. It was adopted on a 9-0 vote by the House Judiciary Committee last Thursday and is now in the House Committee of the Whole.