Arizona Judicial Branch

SB1015

Effective Date
 General

LAW ENFORCEMENT, EMERGENCY DEPARTMENT COOPERATION
Sen. Waring

Authorizes a law enforcement officer who reasonably believes that a person may have committed a DUI, Extreme DUI or Aggravated DUI to request health care emergency department personnel to provide a copy of any written or electronic report of the person’s Blood Alcohol Concentration.

Requires the officer to obtain permission from the emergency department director or the director’s designee in order to speak with the personnel.  Permission can not be refused, but may be delayed if taking the personnel away from patient care duties could cause patient harm.  Emergency department personnel must comply with the request but are not required to determine probable cause on their own.  Emergency room personnel are not liable for complying with the request unless acting with gross negligence.

Statute(s) Created:  28-1390

Court Impact:  Informational.

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 SB1076

Effective Date
General

PEDESTRIAN CONTROL SIGNALS
Sen. Linda Gray

Expands the definition of pedestrian control signals to include symbols indicating a walking person and an upraised hand.

Statute(s) Impacted:  28-646

Court Impact:  Informational.

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 SB1161

Effective Date
General

HOV LANES; MOTORCYCLES; BUSES
Sen.  Tibshraeny

Permits motorcycles and public transportation vehicles, regardless of the number of passengers, to use a high occupancy vehicle lane. 

Defines public transportation vehicle.

Statute(s) Impacted:  28-737

Court Impact:  Informational.

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 HB2052

Effective Date
General

VEHICLE USE; CAUSING DEATH; INJURY
Rep. Biggs

Blends the two versions of A.R.S. §28-672 enacted last year.  Adds A.R.S. §28-857 (A) to the predicate offenses in A.R.S. §28-672. 

Repeals the prior version of §28-672 and sunset date.  Adds A.R.S. §28-857 (A) to predicate offenses in A.R.S. §28-672, Causing serious physical injury or death by a moving violation; A.R.S. §STATUTE28-675, Causing death by use of a vehicle; and A.R.S. §28-676, Causing serious physical injury by use of a vehicle.

Statute(s) Impacted:  28-672, 28-675, 28-676

Court Impact:  Alters the classification of failure to stop for a school bus, under certain circumstances.

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 SB1455

Effective Date
Conditional

LOW SULFUR DIESEL FUEL STANDARDS
Sen.  Allen

Identifies additional conduct that constitutes a Class 2 misdemeanor under the existing A.R.S. § 41-2113 relating to the sale of diesel fuel, labeling of diesel fuel dispensers and use of product transfer documents.

Statute(s) Impacted:  41-2083, 41-2083

Court Impact:  Could result in additional misdemeanor filings for violation.  Under current law, the attorney general and the county attorney have concurrent jurisdiction to prosecute violations.

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SB1118

Effective Date
General

VEHICLE ACCIDENTS; MINIMUM REPORTING REQUIREMENT
Sen. Chuck Gray

Increases the classification of Leaving the scene of an accident involving death or personal injury from a Class 4 to a Class 3 felony, except that if a driver caused the accident the driver is guilty of a Class 2 felony.  Increases the classification of Leaving the scene of a damage-only accident from a Class 3 to a Class 2 misdemeanor.

Statute(s) Impacted:  28-661, 28-662

Court Impact:  Also, reclassifies a failure to stop or give information or assistance at the scene of an accident leading to injury that is not serious as a class 5 felony (currently a class 6 felony).

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 SB1131

Effective Date
General

TRAFFIC VIOLATIONS; STATUTE OF LIMITATIONS
Sen. Chuck Gray

Requires a civil traffic violation case to be commenced as follows:

• Within 60 days of an alleged violation if commenced by issuance of a citation,

• Within 60 days of an alleged violation if commenced by filing of a citation and must be served within 90 days from the filing date,

• Within one year of the alleged violation if the alleged violation is under investigation in conjunction with an accident resulting in death (180 days if the accident under investigation does not involve death).

Statute(s) Impacted:  28-1592

Court Impact:  Potential impact to photo enforcement programs due to time limitation for service.

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 SB1229

Effective Date
General

AGGRAVATED DUI; PROBATION; INCARCERATION
Sen. Waring

In an Aggravated DUI case, the time a probationer is on absconder status or the time the person is incarcerated is excluded when determining the 84 month look- back period.

Statute(s) Impacted:  28-1383

Court Impact:  Alters case processing time calculation requirements for Aggravated DUI cases, and may result in additional Aggravated DUI charges.

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 HB2001

Effective Date
Delayed
01/01/2009

DEFENSIVE DRIVING SCHOOLS
Rep. Jim Weiers

Upon the expiration of all contracts that are in existence on July 1, 2007 between the court and a defensive driving school provider, an eligible individual who elects to attend a defensive driving school is permitted to attend any Supreme Court certified defensive driving school that complies with the court automation and reporting requirements The renewal of any contract between a court and a defensive driving school after July 1, 2007 will be considered a new contract.  Authorizes a court to adopt requirements for a school to electronically report school completions and transfer funds, subject to the approval of the Defensive Driving Board.

Statute(s) Impacted:  28-3393

Court Impact:  Effective January 1, 2009, courts must allow eligible traffic violators to attend any supreme court certified Defensive Driving School. A court may require that a school electronically report school completions and electronically transfer funds, subject to the approval of the Defensive Driving Board.   Any contract renewed by a court after July 1, 2007, is considered a new contract.

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 SB1252

Effective Date
General

EXTREME DUI; SENTENCE
Sen. Waring

In an Extreme DUI, removes the ability of the court to suspend any portion of the minimum required jail sentence.  Authorizes the court after a first conviction to order a person not to consume alcohol for 30 days or more through continuous alcohol monitoring or twice daily alcohol testing.  Following a second or subsequent Extreme DUI, the court may order a person not to consume alcohol for 90 days or more through continuous alcohol monitoring or twice daily alcohol testing.

Statute(s) Impacted:  9-499.07, 11-459, 28-1382

Court Impact:  Removes the authority of the court to suspend any portion of the jail time for a first or second offense Extreme DUI.  The court may require compliance with an order not to consume alcohol be demonstrated through continuous monitoring or twice daily testing.

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 HB2033

Effective Date
Delayed
07/01/2008

TEENAGE DRIVER SAFETY ACT
Rep. McComish

Expands the restrictions of the Class G driver license to prohibit a licensee from driving between midnight and 5 A.M. during the first six months of licensure unless accompanied by a parent or legal guardian or driving to or from listed locations or events.  Restricts the licensee from driving with more than one passenger under the age of 18 unless the passengers are the driver’s siblings or the driver is accompanied by a parent or legal guardian.  Assesses the following:

• For a first violation, a maximum $75 civil penalty and extension of the restrictions for 30 days

• For a second violation, a maximum $100 civil penalty and an extension of the restrictions for 60 days

• For a third or subsequent violation, a maximum civil penalty of $100 and suspension of the individual’s driver license for 30 days.

Requires the court to dismiss a citation for violation of any restriction if a notarized letter from a parent or legal guardian is submitted as proof that a licensee was en route to or from a permitted event or that the minors in the vehicle were the siblings of the licensee or from an employer, school or religious official stating the licensee was returning from a permitted event in order for a citation to be dismissed. 

Applies to permits and licenses issued after June 30, 2008.

Statute(s) Impacted:  28-3153, 28-3154, 28-3156, 28-3174, 28-3321

Court Impact:  Courts that handle driver’s license violations involving teenagers should review this bill for detailed requirements and impact.

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 HB2291

Effective Date
General

DRIVER LICENSE INFORMATION; RETAILER USE
Rep. Konopnicki

Prescribes conditions for retailer retention and use of information from a customer’s driver’s license or other state issued identification.  Use of the information in a court or administrative proceeding is not prohibited.  Enforcement against a retailer may be through either the county attorney or Attorney General, who may obtain injunctive relief and recover costs, attorney fees and penalties.  The civil penalty shall not exceed $500 for a first violation, $1000 for a second violation, and $5000 for a third or subsequent violation.

Statute(s) Created:  44-7701

Court Impact:  May result in new filings for injunctive relief and civil penalties against retailers for improper use of a customer's driver's license or ID information.

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 SB1029

Effective Date
General

DUI; 0.20 CONCENTRATION ENHANCEMENT
Sen. Waring

Requires a person convicted of a first DUI (A.R.S. §28-1381) to have an ignition interlock device installed pursuant to A.R.S. §28-3319 for a minimum of 12 months.  The court may order the individual to have the device for longer than 12 months.

Requires a person convicted of Extreme DUI with a Blood Alcohol Concentration of .20 or more to be sentenced to serve not less than 45 consecutive days in jail.  The person is not eligible for probation or suspension of execution of sentence unless the entire sentence is served.  Requires the person to pay a fine of not less than $500 and use an ignition interlock device pursuant to A.R.S. §28-3319 for 18 months.

Requires a person convicted of an Extreme DUI with a Blood Alcohol Concentration of .20 or more with a prior DUI conviction within 84 months to be sentenced to 180 days in jail, 90 of which must be served consecutively.  The person is not eligible for probation or suspension of execution of sentence unless the entire sentence has been served.  Requires the person to pay a fine of not less than $1,000 and use an ignition interlock device pursuant to A.R.S. §28-3319 for 24 months.

Note, contrary to Chapter 195, this chapter does not prohibit suspension of a portion of the minimum sentence for an Extreme DUI with a BAC of below .20.

Statute(s) Impacted:  28-1381, 28-1382, 28-3319

Court Impact:  Requires specific, increased penalties for conviction of DUI.

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 HB2753

Effective Date
General

VEHICLE IMPOUNDMENT AND IMMOBILIZATION
Rep. Pearce

In pertinent part, requires an impounding agency to allow access to the owner of a vehicle for the purpose of inspecting it for damage or to a representative of an ignition interlock device company seeking to remove the device.  An agency is prohibited from charging a fee for the access.  Failure to allow access is a Class 2 misdemeanor.  An owner who does not inspect the vehicle prior to the removal of the device creates a rebuttable presumption that any damage to the vehicle did not occur while in possession of the impounding agency.  Does not create a cause of action against an impounding agency for allowing access to a representative of an ignition interlock device company.  An individual who violates an agreement to prevent an unlicensed driver from operating a vehicle or a lending entity who releases a vehicle to an owner in violation of statute is subject to a minimum civil penalty of $250.

Statute(s) Impacted:  28-3511, 28-3512, 28-3513, 28-3514, 28-3815, 41-1752

Statute(s) Created:  28-4848

Court Impact:  Justice courts will need to be familiar with the changes to existing statutes, regarding the impoundment and immobilization of motor vehicles operated by persons who do not have a valid driving privilege, in order to properly conduct an immobilization or poststorage hearing to determine the validity of the immobilization or storage.

Generalizes the existing, specific driver’s license suspensions and revocations that will result in vehicle impoundment or immobilization to now simply include any driver’s license suspension or revocation, for whatever reason; the driver cannot produce evidence of ever having a valid license or permit issued by another jurisdiction; failure to have a required ignition interlock device.  Eliminates the exemption from vehicle impoundment for a minor driving a parent’s or guardian’s vehicle when the minor has consumed alcohol.  Requires proof of a rental agreement, effective on the date of impoundment, if the owner is in the business of renting vehicles and is requesting release prior to the end of the 30-day impoundment period.  Clarifies that the spouse or any other vehicle owner requesting vehicle release prior to the end of the 30-day impoundment period had to be listed on the Department of Transportation’s (DOT) records as an owner at the time of impoundment.  Provides that if a spouse or vehicle owner requests release of the vehicle before the end of the 30-day impoundment period and enters into an agreement with the impounding agency prohibiting operation of the released vehicle by an unlicensed driver, the spouse or other owner will be ineligible for early release of the vehicle if it is subsequently impounded within one year.  Adds "a valid salvage or dismantle certificate" to the proof of ownership documents necessary for release of a vehicle.  Requires proof of motor vehicle liability insurance as a condition of releasing the vehicle.  Clarifies that an owner in the business of renting vehicles, a motor vehicle dealer, or a financial institution that requests the release of a vehicle must pay administrative charges to the impounding agency.  Specifies that the person requesting release of the vehicle on behalf of a rental company or financial institution cannot be the person who was operating the vehicle at the time of impoundment. 

States that a person to whom a vehicle has been released, other than an owner, identified in the DOT's records as having an interest in the vehicle,  (e.g. a rental car company, motor vehicle dealer or financial institution) cannot return the impounded vehicle to the person who was operating the vehicle at the time of impoundment unless the vehicle owner or owner’s agent presents a valid driver’s license, current vehicle registration or salvage or dismantle title and evidence of a motor vehicle liability policy.  Violation constitutes a civil traffic violation, subject to a civil penalty of $250.

Establishes a new civil traffic violation, subject to a civil penalty of $250, for a person who enters into an agreement with the impounding agency for early release of the vehicle who then allows a person to operate the vehicle in violation of the agreement.

Alters the time from five working days to five business days within which a justice court must conduct a post storage hearing after receiving a hearing request.  Limits the time to within ten days after the date on the notice of impoundment that a vehicle owner, spouse or other person may request a post storage hearing.  Specifies that a person is entitled to only one post storage hearing with either the impounding agency or a justice court, but not both.

Establishes a new class 2 misdemeanor for a towing company, storage yard, facility or person that has physical possession of a vehicle who refuses access or charges a fee during normal business hours to an ignition interlock device manufacturer or installer or a person who is listed as a lien holder on the DOT’s records for the purpose of removing an interlock device from the vehicle or assessing the vehicle’s condition.

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 SB1640

Effective Date
General

FOREIGN MOTOR CARRIERS
Sen. Verschoor

In pertinent part, expands the jurisdiction of municipal and justice courts to include concurrent jurisdiction over all misdemeanor traffic violations listed in Title 28, Chapters 5,11,14, and 15 and Class 2 and 3 misdemeanor violations in Chapter 25.

Statute(s) Impacted:  28-1552, 28-6355

Statute(s) Created:  28-5244

Court Impact:  Places the following restrictions on motor carriers, all of which can constitute a class 1 or 2 misdemeanor or class 6 felony, under existing A.R.S. sec. 28-5240 (depending on the number of previous offenses): prohibits foreign motor carriers from operating in Arizona without a certificate of registration in the vehicle or refusing to show the certificate to a peace officer or an employee of the Department of Transportation; prohibits foreign carriers from operating outside the restrictions in the registration certificate; prohibits foreign carriers from providing point to point transportation services for any goods other than international goods; requires foreign carrier vehicles to be inspected by a commercial vehicle safety alliance certified inspector every three months; requires foreign carrier vehicles to display a safety inspection decal for at least three years after receiving permanent operating authority; prohibits interstate carriers from operating without or outside the bounds of a registration certificate.

Expands the jurisdiction of municipal and justice courts to include the following misdemeanor criminal violations in Title 28:

• failing to notify the Motor Vehicle Department of a name or address change

• injuring or preventing operation of a vehicle

• committing a traffic violation while transporting hazardous material

• directing or knowingly permitting an employee or driver to violate the law

• illegally canceling a traffic citation

• failing to stop or present identification when requested by a peace officer

• failing to notify law enforcement of the previous location of a towed vehicle

• failing to report that a vehicle is lost, stolen, abandoned, unclaimed or seized

• failing to report that a vehicle is abandoned in a public garage or parking lot

• refusing to permit inspection of a vehicle

• violating motor carrier regulations

• operating a motor carrier under an out-of-service order

• operating an overweight vehicle

• violating gross weight restrictions with regard to fees

• dumping trash on highways or airports

• constructing an unauthorized bridge or dam

• failing to construct, maintain or repair a bridge as required by law

• violating regulations pertaining to aircraft operations

• failing to provide an affidavit of total loss of an aircraft to the Arizona Department of Transportation

Removes language that limits municipal and justice court jurisdiction to specific chapters in Title 28, thereby allowing courts to rule on violations in the entire title.

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