Summary
Arizona Proposition 311 would impose a $20 fee on every criminal conviction to fund a lump-sum $250,000 benefit paid to the spouse or children of first responders killed in the line of duty. Revenues generated by the fee will be directed to a dedicated state fund. If the fund balance exceeds $2 million, the Arizona Legislature may use those funds for other purposes including law enforcement training and equipment.
Additionally, Prop. 311 would expand the definition of aggravated assault to include assault against a peace officer, tribal peace officer, firefighter, fire marshal, fire inspector, emergency medical care technician, or paramedic. Prop. 311 would also increase the penalty for aggravated assault against a first responder.
Fiscal Impact
There is no official state estimate of the fiscal impact of Prop. 311. It would likely have a positive fiscal impact due to revenues from the $20 fee it would impose on every criminal conviction. While those revenues will fund the $250,000 benefit created by the amendment, revenues above $2 million may be used by the state for other purposes. Given the large number of criminal convictions that occur each year and the relatively small number of officers killed in the line of duty annually, it is likely that the fund balance will increase to over $2 million.
Proponents’ Arguments
Proponents of Prop. 311 argue that it is necessary to support the spouses and children of first responders killed in the line of duty. State Senator David Gowan (R-Sierra Vista), who sponsored legislation to place Prop. 311 on the ballot, stated, “That $250,000 can go a long way to helping our families of those victims of crime, certainly when there are police officers and first responders who have sworn to defend and protect us.”
Proponents have also cited difficulty recruiting first responders as a reason to support Prop. 311. In testimony before the Arizona State Legislature, Sam Stone, former chief of staff to former Phoenix City Councilman Sal DiCiccio, argued:
We have reached a point where it is essentially impossible for us to recruit the numbers of officers necessary to provide for basic public safety needs…And it is now incumbent on our elected officials at every level to take the steps necessary to demonstrate first and foremost to our officers and potential applicants, that they are wanted and needed, welcomed in our cities and towns and counties.
Opponents’ Arguments
Opponents of Prop. 311 generally support providing additional benefits to the families of first responders killed in the line of duty. However, opponents have raised concerns about the use of a $20 conviction fee as a funding mechanism. For example, Arizona State Senator Lela Alston (D-Phoenix) said:
I have always supported death benefits for our workers…I do have a problem with this bill, and that is that it creates another fine that is disproportionate to certain members of our population…And it would be a preferable option to me if we were to pay that the death benefit directly out of the general fund to the family of the firefighter or police officer who was killed and not do any more fines in our legal system.
Discussion
Providing financial support to the families of first responders killed in the line of duty is a noble cause. Currently, family members may receive support from a variety of sources. The federal Public Safety Officers’ Benefits program provides a one-time lump-sum benefit of $437,503 to the families of public safety officers killed or permanently disabled in the line of duty. That amount is adjusted annually to account for inflation. Arizona’s Public Safety Personnel Retirement System—the pension system serving sworn law enforcement and firefighters statewide—offers monthly payments to surviving family members of police, firefighters, and correctional officers equal to their loved ones’ average monthly compensation at the time of death. Families of first responders killed in the line of duty may also receive health care, life insurance, and education scholarship benefits. The additional $250,000 benefit that Prop. 311 would provide may be desirable, but it is unlikely to move the needle regarding the recruitment of first responders.
Whatever the merits of providing families with additional compensation, the funding mechanism for Prop. 311 is flawed. Charging a $20 fee on top of all existing fines and fees already imposed for criminal convictions is unnecessarily capricious. The penalties for criminal acts are established in statute and scaled to the severity of criminal offenses. Individuals convicted of criminal offenses in Arizona already pay millions of dollars in fines and fees each year. In 2022, the Superior Court of Arizona collected $15,187,611 from fines, sanctions, and forfeitures. Surcharges and fees generated an additional $69,761,155 in revenue. Prop. 311 would pile on more fees, without regard to the severity of criminal convictions. Moreover, Prop. 311 would explicitly prohibit judges from waiving the $20 fee, meaning that no exceptions can be made for the personal or financial circumstances of individual offenders. Alternative funding mechanisms, such as paying benefits out of the state general fund, would be more appropriate.