Arizona Laws 28-1603. Civil penalty mitigation or waiver
A. Notwithstanding any other law, a judge may mitigate or waive any civil penalty that is required under chapters 3, 5, 7, 8 and 9 of this title if the person who is ordered to pay the penalty demonstrates that the payment would be a hardship on the person or on the person’s immediate family.
Terms Used In Arizona Laws 28-1603
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
B. In determining whether to mitigate a civil penalty, the court may consider any relevant information, including any of the following:
1. The civil penalty’s impact on the person’s ability to pay restitution.
2. Whether the civil penalty would constitute a financial hardship to the person or the person’s immediate family.
3. Whether the person receives temporary assistance for needy families pursuant to 42 United States Code § 603 or supplemental nutrition assistance pursuant to 7 United States Code §§ 2011 through 2036c.
4. Whether the person receives benefits pursuant to the supplemental security income program (42 United States Code §§ 1381 through 1383f).
5. Whether the person is legally authorized to be employed and is seeking, obtaining or maintaining employment or is attending school.
C. This section does not apply to the surcharge imposed and collected pursuant to section 16-954, subsection A.