PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2053
(Reference to printed bill)
Strike everything after the enacting clause and insert:
"Section 1. Section 13-907, Arizona Revised Statutes, is amended to read:
13-907. Setting aside judgment of convicted person on discharge; making of application; release from disabilities; exceptions
A. Except as provided in subsection B of this section, every person convicted of a criminal offense may, upon fulfillment of the conditions of probation or sentence and discharge by the court, apply to the judge, justice of the peace or magistrate who pronounced sentence or imposed probation or such judge, justice of the peace or magistrate's successor in office to have the judgment of guilt set aside. The convicted person shall be informed of this right at the time of discharge. The application to set aside the judgment may be made by the convicted person or by the convicted person's attorney or probation officer authorized in writing. If the judge, justice of the peace or magistrate grants the application, the judge, justice of the peace or magistrate shall set aside the judgment of guilt, dismiss the accusations or information and order that the person be released from all penalties and disabilities resulting from the conviction other than those imposed by the department of transportation pursuant to section 28‑3304, 28‑3306, 28‑3307 or 28‑3308, except that the conviction may be used as a conviction if such conviction would be admissible had it not been set aside and may be pleaded and proved in any subsequent prosecution of such person by the state or any of its subdivisions for any offense or used by the department of transportation in enforcing the provisions of section 28‑3304, 28‑3306, 28‑3307 or 28‑3308 as if the judgment of guilt had not been set aside.
B. This section does not apply to a person convicted of a criminal offense:
1. Involving the infliction of serious physical injury.
2. Involving the use or exhibition of a deadly weapon or dangerous instrument.
3. In violation of chapter 14 of this title.
4. In which the victim is a minor under fifteen years of age.
5. In violation of section 28-3473, any local ordinance relating to stopping, standing or operation of a vehicle or title 28, chapter 3, except a violation of section 28-693 or any local ordinance relating to the same subject matter as section 28-693.
Sec. 2. Section 28-909, Arizona Revised Statutes, is amended to read:
28-909. Vehicle restraints required; exceptions; civil penalty
A. Each front seat occupant of a motor vehicle that is designed for carrying ten or fewer passengers, that is manufactured for the model year 1972 and thereafter and that is required to be equipped with an integrated lap and shoulder belt or a lap belt pursuant to the federal motor vehicle safety standards prescribed in 49 Code of Federal Regulations section 571.208 shall either:
1. Have the lap and shoulder belt properly adjusted and fastened while the vehicle is in motion.
2. If only a lap belt is installed where the occupant is sitting, have the lap belt properly adjusted and fastened while the vehicle is in motion.
B. The operator of a motor vehicle that is subject to the requirements of this section shall require each front seat passenger under sixteen years of age to comply with this section.
C. A peace officer shall not stop or issue a citation to a person operating a motor vehicle on a highway in this state for a violation of this section unless the peace officer has reasonable cause to believe there is another alleged violation of a motor vehicle law of this state.
D. If a person is found responsible for a civil
traffic violation under this section a
and the judgment is entered pursuant to
section 28‑1596, subsection E or the person is delinquent in the payment
of penalties imposed for a violation of this section, including fees and
surcharges, the court may
transmit the abstract of the record of violation of this section to the
department. The department or agency of this state shall not consider the
violation for the purpose of determining whether the person's driver license
should be suspended or revoked, except
that the department may assess not more than one point to the person's driving
record pursuant to the department's driver license point system. A court shall not transmit abstracts of records
of violations of this section to the department.
E. An insurer shall not consider a civil traffic violation under this section as a traffic violation against the person for the purposes of establishing rates for motor vehicle liability insurance or determining the insurability of the person. An insurer shall not cancel or refuse to renew any policy of insurance because of the violation.
F. This section does not apply to:
1. A child subject to the requirements of section 28-907.
2. A person possessing a written statement from a physician that the person is unable for medical or psychological reasons to wear a lap and shoulder belt or a lap belt.
3. A letter carrier of the United States postal service while the letter carrier is performing the letter carrier's duties.
G. If a person is found responsible for a civil traffic violation under this section, the person is subject to a maximum civil penalty of ten dollars for each violation.
H. The driver of a motor vehicle found responsible for a civil traffic violation of subsection B of this section is subject to a maximum civil penalty of ten dollars for each violation.
Sec. 3. Section 28-1381, Arizona Revised Statutes, is amended to read:
28-1381. Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; classification
A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:
1. While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree.
2. If the person has an alcohol concentration of 0.10 or more within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle.
3. While there is any drug defined in section 13-3401 or its metabolite in the person's body.
4. If the vehicle is a commercial motor vehicle that requires a person to obtain a commercial driver license as defined in section 28‑3001 and the person has an alcohol concentration of 0.04 or more.
B. It is not a defense to a charge of a violation of subsection A, paragraph 1 of this section that the person is or has been entitled to use the drug under the laws of this state.
C. A person who is convicted of a violation of this section is guilty of a class 1 misdemeanor.
D. A person using a drug prescribed by a medical practitioner licensed pursuant to title 32, chapter 7, 11, 13 or 17 is not guilty of violating subsection A, paragraph 3 of this section.
E. In any prosecution for a violation of this section, the state shall allege, for the purpose of classification and sentencing pursuant to this section, all prior convictions of violating this section, section 28‑1382 or section 28‑1383 occurring within the past thirty‑six months, unless there is an insufficient legal or factual basis to do so.
F. At the arraignment, the court shall inform the defendant that the defendant may request a trial by jury and that the request, if made, shall be granted.
G. In a trial, action or proceeding for a violation of this section or section 28-1383 other than a trial, action or proceeding involving driving or being in actual physical control of a commercial vehicle, the defendant's alcohol concentration within two hours of the time of driving or being in actual physical control as shown by analysis of the defendant's blood, breath or other bodily substance gives rise to the following presumptions:
1. If there was at that time 0.05 or less alcohol concentration in the defendant's blood, breath or other bodily substance, it may be presumed that the defendant was not under the influence of intoxicating liquor.
2. If there was at that time in excess of 0.05 but less than 0.10 alcohol concentration in the defendant's blood, breath or other bodily substance, that fact shall not give rise to a presumption that the defendant was or was not under the influence of intoxicating liquor, but that fact may be considered with other competent evidence in determining the guilt or innocence of the defendant.
3. If there was at that time 0.10 or more alcohol concentration in the defendant's blood, breath or other bodily substance, it may be presumed that the defendant was under the influence of intoxicating liquor.
H. Subsection G of this section does not limit the introduction of any other competent evidence bearing on the question of whether or not the defendant was under the influence of intoxicating liquor.
I. A person who is convicted of a violation of this section:
1. Shall be sentenced to serve not less than ten consecutive days in jail and is not eligible for probation or suspension of execution of sentence unless the entire sentence is served.
2. Shall pay a fine of not less than two hundred fifty dollars.
3. May be ordered by a court to perform community service.
J. Notwithstanding subsection I, paragraph 1 of this section, at the time of sentencing the judge may suspend all but twenty‑four consecutive hours of the sentence if the person completes a court ordered alcohol or other drug screening, education or treatment program. If the person fails to complete the court ordered alcohol or other drug screening, education or treatment program and has not been placed on probation, the court shall issue an order to show cause to the defendant as to why the remaining jail sentence should not be served.
K. If within a period of sixty months a person is convicted of a second violation of this section or is convicted of a violation of this section and has previously been convicted of a violation of section 28‑1382 or 28-1383 or an act in another jurisdiction that if committed in this state would be a violation of this section or section 28‑1382 or 28‑1383, the person:
1. Shall be sentenced to serve not less than ninety days in jail, thirty days of which shall be served consecutively, and is not eligible for probation or suspension of execution of sentence unless the entire sentence has been served.
2. Shall pay a fine of not less than five hundred dollars.
3. May be ordered by a court to perform community service.
4. Shall have the person's driving privilege revoked for one year. The court shall report the conviction to the department. On receipt of the report, the department shall revoke the person's driving privilege and shall require the person to equip any motor vehicle the person operates with a certified ignition interlock device for one year on the conclusion of the license suspension or revocation pursuant to section 28-3319. In addition, the court may order the person to equip any motor vehicle the person operates with a certified ignition interlock device for more than one year twelve months beginning on the conclusion of the license suspension or revocation or on the date of conviction, whichever occurs later. The person who operates a motor vehicle with a certified ignition interlock device under this paragraph shall comply with article 5 of this chapter.
L. Notwithstanding subsection K, paragraph 1 of this section, at the time of sentencing, the judge may suspend all but thirty days of the sentence if the person completes a court ordered alcohol or other drug screening, education or treatment program. If the person fails to complete the court ordered alcohol or other drug screening, education or treatment program and has not been placed on probation, the court shall issue an order to show cause as to why the remaining jail sentence should not be served.
M. In applying the sixty month provision of subsection K of this section, the dates of the commission of the offense shall be the determining factor, irrespective of the sequence in which the offenses were committed.
N. A second violation for which a conviction occurs as provided in this section shall not include a conviction for an offense arising out of the same series of acts.
Sec. 4. Section 28-1382, Arizona Revised Statutes, is amended to read:
28-1382. Driving or actual physical control while under the extreme influence of intoxicating liquor; trial by jury; sentencing; classification
A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state if the person has an alcohol concentration of 0.18 or more within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle.
B. A person who is convicted of a violation of this section is guilty of driving or being in actual physical control of a vehicle while under the extreme influence of intoxicating liquor.
C. At the arraignment, the court shall inform the defendant that the defendant may request a trial by jury and that the request, if made, shall be granted.
D. A person who is convicted of a violation of this section:
1. Shall be sentenced to serve not less than thirty consecutive days in jail and is not eligible for probation or suspension of execution of sentence unless the entire sentence is served.
2. Shall pay a fine of not less than two hundred fifty dollars. The fine prescribed in this paragraph and any assessments, restitution and incarceration costs shall be paid before the assessment prescribed in paragraph 3 of this subsection.
3. Shall pay an additional assessment of two hundred fifty dollars. If the conviction occurred in the superior court or a justice court, the court shall transmit the monies received pursuant to this paragraph to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the monies received pursuant to this paragraph to the city treasurer. The city or county treasurer shall transmit the monies received to the state treasurer. The state treasurer shall deposit the monies received in the driving under the influence abatement fund established by section 28‑1304.
4. May be ordered by a court to perform community service.
5. Shall be required by the department, on receipt of the report of conviction, to equip any motor vehicle the person operates with a certified ignition interlock device for one year on the conclusion of the license suspension or revocation pursuant to section 28-3319. In addition, the court may order the person to equip any motor vehicle the person operates with a certified ignition interlock device for more than one year twelve months beginning on the conclusion of the license suspension or revocation or on the date of conviction, whichever occurs later. The person who operates a motor vehicle with a certified ignition interlock device under this paragraph shall comply with article 5 of this chapter.
E. Notwithstanding subsection D, paragraph 1 of this section, at the time of sentencing the judge may suspend all but ten days of the sentence if the person completes a court ordered alcohol or other drug screening, education or treatment program. If the person fails to complete the court ordered alcohol or other drug screening, education or treatment program and has not been placed on probation, the court shall issue an order to show cause to the defendant as to why the remaining jail sentence should not be served.
F. If within a period of sixty months a person is convicted of a second violation of this section or is convicted of a violation of this section and has previously been convicted of a violation of section 28‑1381 or 28‑1383 or an act in another jurisdiction that if committed in this state would be a violation of this section or section 28‑1381 or 28‑1383, the person:
1. Shall be sentenced to serve not less than one hundred twenty days in jail, sixty days of which shall be served consecutively, and is not eligible for probation or suspension of execution of sentence unless the entire sentence has been served.
2. Shall pay a fine of not less than five hundred dollars. The fine prescribed in this paragraph and any assessments, restitution and incarceration costs shall be paid before the assessment prescribed in paragraph 3 of this subsection.
3. Shall pay an additional assessment of two hundred fifty dollars. If the conviction occurred in the superior court or a justice court, the court shall transmit the monies received pursuant to this paragraph to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the monies received pursuant to this paragraph to the city treasurer. The city or county treasurer shall transmit the monies received to the state treasurer. The state treasurer shall deposit the monies received in the driving under the influence abatement fund established by section 28‑1304.
4. May be ordered by a court to perform community service.
5. Shall have the person's driving privilege revoked for at least one year. The court shall report the conviction to the department. On receipt of the report, the department shall revoke the person's driving privilege and shall require the person to equip any motor vehicle the person operates with a certified ignition interlock device for one year on the conclusion of the license suspension or revocation pursuant to section 28-3319. In addition, the court may order the person to equip any motor vehicle the person operates with a certified ignition interlock device for more than one year twelve months beginning on the conclusion of the license suspension or revocation or on the date of conviction, whichever is later. The person who operates a motor vehicle with a certified ignition interlock device under this paragraph shall comply with article 5 of this chapter.
G. Notwithstanding subsection F, paragraph 1 of this section, at the time of sentencing, the judge may suspend all but sixty days of the sentence if the person completes a court ordered alcohol or other drug screening, education or treatment program. If the person fails to complete the court ordered alcohol or other drug screening, education or treatment program and has not been placed on probation, the court shall issue an order to show cause as to why the remaining jail sentence should not be served.
H. In applying the sixty month provision of subsection F of this section, the dates of the commission of the offense shall be the determining factor, irrespective of the sequence in which the offenses were committed.
I. A second violation for which a conviction occurs as provided in this section shall not include a conviction for an offense arising out of the same series of acts.
J. A person who is convicted of a violation of this section is guilty of a class 1 misdemeanor.
Sec. 5. Section 28-1383, Arizona Revised Statutes, is amended to read:
28‑1383. Aggravated driving or actual physical control while under the influence; violation; classification; definition
A. A person is guilty of aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs if the person does any of the following:
1. Commits a violation of section 28‑1381, section 28‑1382 or this section while the person's driver license or privilege to drive is suspended, canceled, revoked or refused or while a restriction is placed on the person's driver license or privilege to drive as a result of violating section 28‑1381 or 28‑1382 or under section 28‑1385.
2. Within a period of sixty months commits a third or subsequent violation of section 28‑1381, section 28‑1382 or this section or is convicted of a violation of section 28‑1381, section 28‑1382 or this section and has previously been convicted of any combination of convictions of section 28‑1381, section 28‑1382 or this section or acts in another jurisdiction that if committed in this state would be a violation of section 28‑1381, section 28‑1382 or this section.
3. While a person under fifteen years of age is in the vehicle, commits a violation of either:
(a) Section 28‑1381.
(b) Section 28‑1382.
B. The dates of the commission of the offenses are the determining factor in applying the sixty month provision provided in subsection A, paragraph 2 of this section regardless of the sequence in which the offenses were committed. For purposes of this section, a third or subsequent violation for which a conviction occurs does not include a conviction for an offense arising out of the same series of acts.
C. The notice to a person of the suspension, cancellation, revocation or refusal of a driver license or privilege to drive is effective as provided in section 28‑3318 or pursuant to the laws of the state issuing the license.
D. A person is not eligible for probation, pardon, commutation or suspension of sentence or release on any other basis until the person has served not less than four months in prison if the person is convicted under either of the following:
1. Subsection A, paragraph 1 of this section.
2. Subsection A, paragraph 2 of this section and within a sixty month period has been convicted of two prior violations of section 28‑1381, section 28‑1382 or this section, or any combination of those sections, or acts in another jurisdiction that if committed in this state would be a violation of section 28‑1381, section 28‑1382 or this section.
E. A person who is convicted under subsection A, paragraph 2 of this section and who within a sixty month period has been convicted of three or more prior violations of section 28‑1381, section 28‑1382 or this section, or any combination of those sections, or acts in another jurisdiction that if committed in this state would be a violation of section 28‑1381, section 28‑1382 or this section is not eligible for probation, pardon, commutation or suspension of sentence or release on any other basis until the person has served not less than eight months in prison.
F. In addition to any other penalty provided by law, a person who is convicted under subsection A, paragraph 3, subdivision (a) of this section shall be sentenced to at least the minimum sentence required pursuant to section 28‑1381, except that if a person has been convicted of at least two prior violations of section 28‑1381, section 28‑1382 or this section, or any combination of those sections, or convicted of at least two prior acts in another jurisdiction that if committed in this state would be violations of section 28‑1381, section 28‑1382 or this section, or any combination of those sections, within a sixty month period, the person shall be sentenced to serve at least the minimum sentence required pursuant to this section.
G. In addition to any other penalty provided by law, a person who is convicted under subsection A, paragraph 3, subdivision (b) of this section shall be sentenced to at least the minimum sentence required pursuant to section 28‑1382, except that if a person has been convicted of at least two prior violations of section 28‑1381, section 28‑1382 or this section, or any combination of those sections, or convicted of at least two prior acts in another jurisdiction that if committed in this state would be a violation of section 28‑1381, section 28‑1382 or this section, or any combination of those sections, within a sixty month period, the person shall be sentenced to serve at least the minimum sentence required pursuant to this section.
H. A person who is convicted of a violation of this section shall attend and complete alcohol or other drug screening, education or treatment from an approved facility. If the person fails to comply with this subsection and is placed on probation, in addition to the provisions of section 13‑901 the court may order that the person be incarcerated as a term of probation as follows:
1. For a person sentenced pursuant to subsection D of this section, for an individual period of not more than four months and a total period of not more than one year.
2. For a person sentenced pursuant to subsection E of this section, for an individual period of not more than eight months and a total period of not more than two years.
I. The time that a person spends in custody pursuant to subsection H of this section shall not be counted towards the sentence imposed if the person's probation is revoked and the person is sentenced to prison after revocation of probation.
J. The court:
1. Shall report the conviction to the department. On receipt of the report, the department shall revoke the driving privilege of the person. The department shall not issue the person a new driver license within three years of the date of the conviction and, for a conviction of a violation of subsection A, paragraph 1 or 2 or paragraph 3, subdivision (b) of this section, shall require the person to equip any motor vehicle the person operates with a certified ignition interlock device for one year on the conclusion of the license suspension or revocation pursuant to section 28‑3319. In addition, the court may order the person to equip any motor vehicle the person operates with a certified ignition interlock device for more than one year twelve months beginning on the conclusion of the license suspension or revocation or on the date of conviction, whichever occurs later. The person who operates a motor vehicle with a certified ignition interlock device under this paragraph shall comply with article 5 of this chapter.
2. In addition to any other penalty prescribed by law, shall order the person to pay an additional assessment of two hundred fifty dollars. If the conviction occurred in the superior court or a justice court, the court shall transmit the monies received pursuant to this paragraph to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the monies received pursuant to this paragraph to the city treasurer. The city or county treasurer shall transmit the monies received to the state treasurer. The state treasurer shall deposit the monies received in the driving under the influence abatement fund established by section 28‑1304. Any fine imposed for a violation of this section and any assessments, restitution and incarceration costs shall be paid before the assessment prescribed in this paragraph.
K. Aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs committed under:
1. Subsection A, paragraph 1 or 2 of this section is a class 4 felony.
2. Subsection A, paragraph 3 of this section is a class 6 felony.
L. For the purposes of this section, "suspension, cancellation, revocation or refusal" means any suspension, cancellation, revocation or refusal.
Sec. 6. Section 28-1387, Arizona Revised Statutes, is amended to read:
28-1387. Prior convictions; alcohol or other drug screening, education and treatment; license suspension; supervised probation; civil liability; procedures
A. The court shall allow the allegation of a prior conviction or any other pending charge of a violation of section 28-1381, 28-1382 or 28‑1383 or an act in another jurisdiction that if committed in this state would be a violation of section 28-1381, 28-1382 or 28-1383 filed twenty or more days before the date the case is actually tried and may allow the allegation of a prior conviction or any other pending charge of a violation of section 28‑1381, 28-1382 or 28-1383 or an act in another jurisdiction that if committed in this state would be a violation of section 28-1381, 28-1382 or 28‑1383 filed at any time before the date the case is actually tried if this state makes available to the defendant when the allegation is filed a copy of any information obtained concerning the prior conviction or other pending charge. Any conviction may be used to enhance another conviction irrespective of the dates on which the offenses occurred within the sixty month provision. For the purposes of this article, an order of a juvenile court adjudicating a person delinquent is equivalent to a conviction.
B. In addition to any other penalties prescribed by law, the judge shall order a person who is convicted of a violation of section 28-1381 or 28‑1382 to complete alcohol or other drug screening that is provided by a facility approved by the department of health services or a probation department. If a judge determines that the person requires further alcohol or other drug education or treatment, the person may be required pursuant to court order to obtain alcohol or other drug education or treatment under the court's supervision from an approved facility. The judge may review an education or treatment determination at the request of the state or the defendant or on the judge's initiative. The person shall pay the costs of the screening, education or treatment unless the court waives part or all of the costs. If a person is referred to a screening, education or treatment facility, the facility shall report to the court whether the person has successfully completed the screening, education or treatment program.
C. After a person who is sentenced pursuant to section 28-1381, subsection I has served twenty-four consecutive hours in jail or after a person who is sentenced pursuant to section 28-1381, subsection K or section 28‑1382, subsection D or F has served forty-eight consecutive hours in jail and after the court receives confirmation that the person is employed or is a student, the court may provide in the sentence that the defendant, if the defendant is employed or is a student and can continue the defendant's employment or studies, may continue the employment or studies for not more than twelve hours a day nor more than five days a week. The person shall spend the remaining day, days or parts of days in jail until the sentence is served and shall be allowed out of jail only long enough to complete the actual hours of employment or studies.
D. Unless the license of a person sentenced convicted under section 28-1381 or 28-1382 has been or is suspended pursuant to section 28-1321 or 28-1385, the department on receipt of the abstract of conviction of a violation of section 28‑1381 or 28-1382 shall suspend the license of the affected person for not less than ninety consecutive days.
E. When the department receives notification that the person meets the criteria provided in section 28-1385, subsection F, the department shall suspend the driving privileges of the person for not less than thirty consecutive days and shall restrict the driving privileges of the person for not less than sixty consecutive additional days to travel between any of the following:
1. The person's place of employment and residence and during specified periods of time while at employment.
2. The person's place of residence and the person's secondary or postsecondary school, according to the person's employment or educational schedule.
3. The person's place of residence and a treatment facility for scheduled appointments.
4. The person's place of residence and the office of the person's probation officer for scheduled appointments.
F. If a person is placed on probation for violating section 28-1381 or 28-1382, the probation shall be supervised unless the court finds that supervised probation is not necessary or the court does not have supervisory probation services.
G. Any political subdivision processing or using the services of a person ordered to perform community service pursuant to section 28-1381 or 28‑1382 does not incur any civil liability to the person ordered to perform community service as a result of these activities unless the political subdivision or its agent or employee acts with gross negligence.
H. Except for another violation of this article, the state shall not dismiss a charge of violating any provision of this article unless there is an insufficient legal or factual basis to pursue that charge.
Sec. 7. Section 28-1461, Arizona Revised Statutes, is amended to read:
28‑1461. Court ordered use of certified ignition interlock devices
A. If a person's driving privilege is limited pursuant to section 28‑1381, 28‑1382, or 28‑1383 or 28-3319:
1. The person shall:
(a) Pay the costs for installation and maintenance of the certified ignition interlock device.
(b) Provide proof to the department of installation of a functioning certified ignition interlock device in each motor vehicle operated by the person.
(c) Provide proof of compliance to the department at least once every ninety days during the period the person is ordered to use an ignition interlock device.
(d) Provide proof of inspection of the certified ignition interlock device for accurate operation and the results of the inspection to the department at least once every ninety days during the period the person is ordered to use an ignition interlock device.
2. The department shall not reinstate the person's driver license until the person has installed a functioning certified ignition interlock device in each motor vehicle operated by the person and has provided proof of installation to the department.
B. The department shall make a notation on the driving record of a person whose driving privilege is limited pursuant to section 28‑1381, 28‑1382, or 28‑1383 or 28-3319 that states that the person shall not operate a motor vehicle unless it is equipped with a certified ignition interlock device.
Sec. 8. Section 28-1462, Arizona Revised Statutes, is amended to read:
28-1462. Ignition interlock device certification; installer bonds
A. After consulting with the director of the department of health services, the assistant director for the motor vehicle division of the department of transportation shall:
1. Certify ignition interlock devices.
2. Publish a list of certified ignition interlock devices that includes information about the manufacturers of the devices and where the devices may be ordered.
3. Make the list available to the courts and probation departments without charge.
B. The assistant director shall adopt rules prescribing the requirements for certification of an ignition interlock device. These rules shall include:
1. The procedure for certification of ignition interlock devices.
2. Provisions to ensure the reliability of the ignition interlock device over the range of motor vehicle environments.
3. Provisions to ensure that the ignition interlock device works accurately in an unsupervised environment.
C. The assistant director shall not certify an ignition interlock device unless all of the following are satisfied:
1. The device requires a deep-lung breath sample or another accurate measure of the concentration by weight of alcohol in the breath.
2. The device is made by a manufacturer that is covered by product liability insurance.
3. The manufacturer of the device indemnifies this state against any liability that may result from the use of the device.
D. The assistant director may adopt, in whole or in part, the guidelines, rules, regulations, studies or independent laboratory tests performed and relied on by other states or agencies or commissions of other states in the certification or approval of ignition interlock devices.
E. Each installer of a certified ignition interlock device shall submit to the department a bond in a form to be approved by the assistant director and in an amount of at least twenty-five thousand dollars. The bond inures to the benefit of any person who is ordered by a court or required to equip a motor vehicle with an ignition interlock device pursuant to article 3 of this chapter or section 28-3319 and who suffers a loss because of either of the following:
1. Insolvency or discontinuance of business of the installer of the device.
2. Failure of the installer or agent of the installer to comply with any rule adopted pursuant to this section.
F. The assistant director shall adopt a warning label design to be affixed to each certified ignition interlock device on installation. The label shall contain a warning that a person tampering with, circumventing or otherwise misusing the ignition interlock device is guilty of a class 1 misdemeanor.
Sec. 9. Section 28-1463, Arizona Revised Statutes, is amended to read:
28‑1463. Proof of compliance; inspections; suspension
A. If a person whose driving privilege is limited pursuant to section 28‑1381, 28‑1382, or 28‑1383 or 28-3319 does not submit proof of compliance to the department as prescribed in section 28‑1461, the department shall suspend the person's driver license for at least one year twelve months. If a person does not request a hearing pursuant to subsection B of this section, the department shall immediately suspend the person's driver license.
B. A person whose driver license is suspended pursuant to this section may submit a written request for a hearing. The written request must be received by the department within fifteen days after the date of the order of suspension. On receipt of a request for a hearing, a hearing shall be held within thirty days.
C. A timely request for a hearing stays the suspension until a hearing is held, except that the department shall not return any surrendered driver license or permit to the person but may issue temporary permits to drive that expire no later than when the department has made its final decision.
D. Hearings requested pursuant to this section shall be conducted in the same manner and under the same conditions as provided in section 28‑3306. For the purposes of this section, the scope of the hearing shall include only the following issues:
1. Whether the person was ordered or required to equip a motor vehicle with an ignition interlock device pursuant to article 3 of this chapter or section 28-3319.
2. Whether the person submitted proof of compliance or inspection pursuant to section 28‑1461.
Sec. 10. Section 28-1464, Arizona Revised Statutes, is amended to read:
28‑1464. Ignition interlock devices; violations; classification; definition
A. A person whose driving privilege is limited pursuant to section 28‑1381, 28‑1382, or 28‑1383 or 28-3319 and who is required to operate a motor vehicle owned by the person's employer in the course and scope of the person's employment may operate that motor vehicle without the installation of a certified ignition interlock device if the person notifies the person's employer that the person, in conjunction with the person's sentence, has specific requirements in order to operate a motor vehicle and the nature of the requirements and the person has proof of the employer's notification in the person's possession while operating the employer's motor vehicle for normal business. For the purposes of this subsection, a motor vehicle that is partly or entirely owned or controlled by the person whose driving privilege is limited pursuant to section 28‑1381, 28‑1382, or 28‑1383 or 28‑3319 is not a motor vehicle that is owned by an employer.
B. Except in cases of a substantial emergency, a person shall not knowingly rent, lease or lend a motor vehicle to a person whose driving privilege is limited pursuant to section 28‑1381, 28‑1382, or 28‑1383 or 28‑3319 unless the motor vehicle is equipped with a functioning certified ignition interlock device.
C. A person whose driving privilege is limited pursuant to section 28‑1381, 28‑1382, or 28‑1383 or 28‑3319 and who rents, leases or borrows a motor vehicle from another person shall notify the person who rents, leases or lends the motor vehicle to the person that the person has specific requirements for the operation of the motor vehicle and the nature of the requirements.
D. During any period when a person whose driving privilege is limited pursuant to section 28‑1381, 28‑1382, or 28‑1383 or 28-3319 is required to operate only a motor vehicle that is equipped with a certified ignition interlock device, the person shall not request or permit any other person to breathe into the ignition interlock device or start a motor vehicle equipped with an ignition interlock device for the purpose of providing the person with an operable motor vehicle.
E. A person shall not breathe into an ignition interlock device or start a motor vehicle equipped with an ignition interlock device for the purpose of providing an operable motor vehicle to a person whose driving privilege is limited pursuant to section 28‑1381, 28‑1382, or 28‑1383 or 28‑3319.
F. A person whose driving privilege is limited pursuant to section 28‑1381, 28‑1382, or 28‑1383 or 28‑3319 shall not tamper with or circumvent the operation of an ignition interlock device.
G. A person who is not a manufacturer's authorized installer or an agent of a manufacturer's authorized installer and who is not a person whose driving privilege is limited pursuant to section 28‑1381, 28‑1382, or 28‑1383 or 28‑3319 shall not tamper with or circumvent the operation of an ignition interlock device.
H. Except as provided in subsection A of this section or in cases of substantial emergency, a person whose driving privilege is limited pursuant to section 28‑1381, 28‑1382, or 28‑1383 or 28-3319 shall not operate a motor vehicle without a functioning certified ignition interlock device during the time period prescribed in section 28-3319 or by a court pursuant to section 28‑1381, 28‑1382 or 28‑1383.
I. A person who violates this section is guilty of a class 1 misdemeanor. Additionally, if a person is convicted of violating subsection A, C, D, F or H of this section, the department shall extend the duration of the certified ignition interlock device requirement for not more than one year.
J. For the purposes of this section, "substantial emergency" means that a person other than the person whose driving privilege is limited pursuant to section 28-1381, 28‑1382, or 28‑1383 or 28‑3319 is not reasonably available to drive in response to an emergency.
Sec. 11. Section 28-3005, Arizona Revised Statutes, is amended to read:
28-3005. Medical or psychological reports; immunity; definitions
A. A physician, psychologist or certified substance abuse counselor who provides information to the director in good faith and at the written request of a driver license applicant or licensee concerning a person's medical or psychological condition with respect to operation of a motor vehicle is immune from personal liability with respect to the information provided.
B. Notwithstanding the physician-patient or psychologist-client confidentiality relationship, a physician or psychologist may voluntarily report a patient to the department who has a medical or psychological condition that in the opinion of the physician or psychologist could significantly impair the person's ability to safely operate a motor vehicle. If a report is made, the physician or psychologist shall make the report in writing, including the name, address and date of birth of the patient. On receipt of the report, the department may require an examination of the person reported in the manner provided by section 28‑3314. A person shall not bring an action against a physician or psychologist for not making a report pursuant to this subsection. The physician or psychologist submitting the report in good faith is immune from civil or criminal liability for making the report pursuant to this subsection. The physician's or psychologist's report is subject to subpoena or order to produce in an action except an action against the physician or psychologist submitting the report.
C. In this section:
1. "Certified substance abuse counselor" means a person who is certified by the board of behavioral health examiners in this state, who is certified in a contiguous another state, who is certified by a board for certification of addiction counselors, who is a nationally certified addiction counselor or who is employed by the federal government and practicing in this state.
2. "Medical or psychological condition" means a condition that could affect a person's functional ability to safely operate a motor vehicle.
3. "Physician" means a medical doctor, optometrist, chiropractor, naturopathic physician, doctor of osteopathy or doctor of homeopathy who is licensed to practice in this state or a state contiguous to this another state or who is employed by the federal government and practicing in this state or their agents.
4. "Psychologist" means a person who is licensed pursuant to title 32, chapter 19.1, who is licensed to practice psychology in a state contiguous to this another state or who is employed by the federal government and practicing in this state.
Sec. 12. Section 28-3158, Arizona Revised Statutes, is amended to read:
28-3158. Driver license or instruction permit application
A. A person who applies for an instruction permit or for a driver license shall use a form furnished prescribed or authorized by the department.
B. An applicant shall pay the fee prescribed by section 28-3002 for a driver license or for an instruction permit issued under section 28‑3154, 28‑3155, 28-3156 or 28-3225. Payment of the fee required by this section entitles the applicant to not more than three attempts to pass the written examination or road test within twelve months from the date of the application. The department shall refund an application fee pursuant to section 28-373. An applicant who submits documentation of successful completion of a driver education course approved by the department is not required to take the road test.
C. An applicant for an instruction permit or a driver license shall give the department satisfactory proof of the applicant's full legal name, date of birth, sex and residence address and that the applicant's presence in the United States is authorized under federal law.
D. The application for an instruction permit or a driver license shall state the following:
1. A brief description of the applicant and any other identifying information required by the department.
2. Whether the applicant has been licensed, and if so, the type of license issued, when the license was issued and what state or country issued the license.
3. Whether the license was suspended or revoked or whether an application was ever refused, and if so, the date of and reason for the suspension, revocation or refusal.
4. If the applicant was never licensed, the applicant's last previous state or country of residence.
5. The social security number of the applicant unless the application is for a nonresident commercial driver license or the applicant provides evidence satisfactory to the director that the applicant does not have a social security number.
E. The department shall:
1. Verify that a social security number provided by an applicant is a valid number assigned to that applicant.
2. Retain the social security number in its records.
F. The social security number provided to the department pursuant to subsection D of this section for an applicant's driver license or instruction permit shall not appear on an applicant's driver license or instruction permit unless the applicant requests that the social security number appear on the applicant's driver license or instruction permit as the driver license or instruction permit number. Except as provided in sections 28-450 and 41‑1954, the department shall not release the social security number to any person unless the applicant requests that the social security number appear on the applicant's driver license or instruction permit as the driver license or instruction permit number. The provisions of this subsection shall be included in each application.
G. The department may adopt and implement procedures to deny a driver license or instruction permit to a person who has been deported. The department may adopt and implement procedures to reinstate a person's privilege to apply for a driver license or permit if the person's legal presence status is restored.
H. On request of an applicant, the department shall allow the applicant to provide on the license or permit a post office box address that is regularly used by the applicant.
I. The department may request an applicant who appears in person for a license, a duplicate license or reinstatement of a driving privilege to complete satisfactorily the vision screening prescribed by the department.
Sec. 13. Section 28-3174, Arizona Revised Statutes, is amended to read:
28-3174. Class G driver licenses; motorcycles
A. A person who is under eighteen years of age may apply to the department for a class G driver license if all of the following apply:
1. The person is at least sixteen years of age.
2. The person has a valid instruction permit issued pursuant to this article and the person has held the instruction permit for at least five months sixty days, except that this requirement does not apply to a person who has a currently valid driver license issued by another jurisdiction.
3. Either:
(a) The person has satisfactorily completed a driver education program that is approved by the department of transportation. If the driver education program is offered by a public high school, the program shall be approved by the department of transportation in consultation with the department of education.
(b) A custodial parent or guardian of the person certifies in writing to the department that the applicant has completed at least twenty‑five hours of supervised driving practice and that at least five of the required practice hours were at night.
B. If the applicant successfully passes the examination prescribed in section 28-3164 and satisfies the requirements prescribed in subsection A of this section, the department may issue a class G driver license to the applicant.
C. A class G driver license entitles the licensee to drive a motor vehicle that requires a class G license on the public highways.
D. A person who holds a class G driver license may apply for a class D license on or after the person's eighteenth birthday, except that a person whose class G driver license is suspended pursuant to section 28‑3321 is not entitled to receive a class D driver license until after the suspension period expires.
E. If a person who is under eighteen years of age and at least sixteen years of age applies for a class M license or a motorcycle endorsement, the department shall not issue the class M license or motorcycle endorsement to the person unless both of the following apply:
1. The applicant has held an instruction permit issued pursuant to section 28-3156 for at least five months sixty days, except that this requirement does not apply to a person who has a currently valid motorcycle driver license or endorsement issued by another jurisdiction.
2. Either:
(a) The person has satisfactorily completed a motorcycle driver education program that is approved by the department. If the driver education program is offered by a public high school, the program shall be approved by the department of transportation in consultation with the department of education.
(b) A custodial parent or guardian of the person certifies in writing to the department that the applicant has completed at least twenty‑five hours of motorcycle driving practice.
Sec. 14. Section 28-3312, Arizona Revised Statutes, is amended to read:
28-3312. Mandatory disqualification of commercial driver license; definition
A. The department shall disqualify a person from driving a commercial motor vehicle as follows:
1. Except as otherwise provided in this subsection, for at least one year from the date a person is convicted of a first violation of any of the following:
(a) Driving a commercial motor vehicle under the influence of intoxicating liquor or a controlled substance or while having an alcohol concentration of 0.04 or more.
(b) Leaving the scene of an accident involving a commercial motor vehicle driven by the person.
(c) Using a commercial motor vehicle in the commission of a felony.
2. For at least three years, if any of the violations prescribed in paragraph 1 of this subsection occurred while the person was transporting a hazardous material in the quantity and under the circumstances that require placarding of the transport vehicle under the department's safety rules pursuant to chapter 14 of this title.
3. Except as provided in subsection B of this section, for the life of the person, if the person is convicted of two or more violations of any of the offenses prescribed in paragraph 1 of this subsection or of any combination of those offenses arising from two or more separate incidents. The department shall consider only offenses committed from and after December 31, 1989 in applying this paragraph.
4. For the life of the person, if the person uses a commercial motor vehicle in the commission of a felony involving the manufacture, distribution or dispensing of a controlled substance or possession with intent to manufacture, distribute or dispense a controlled substance.
5. For at least sixty consecutive days, if the person is convicted of two serious traffic violations committed in a commercial motor vehicle arising from separate incidents occurring within a three year period from the date of the conviction.
6. For at least one hundred twenty consecutive days, if the person is convicted of three serious traffic violations committed in a commercial motor vehicle arising from separate incidents occurring within a three year period from the date of the conviction.
B. Except as provided in subsection C of this section, a person who is found responsible for violating an out-of-service order pursuant to section 28-5241 is disqualified from driving a commercial motor vehicle as follows:
1. For a period of ninety days if the person is found responsible for a first violation of an out-of-service order.
2. For a period of one year if the person is found responsible for a second violation of any out-of-service order during any ten year period arising from separate incidents.
3. For a period of three years if the person is found responsible for a third or subsequent violation of any out-of-service order during any ten year period arising from separate incidents.
C. A person who is found responsible for violating an out‑of‑service order pursuant to section 28-5241 while transporting hazardous materials or while operating a commercial motor vehicle designed or used to transport sixteen or more passengers, including the driver, is disqualified from driving a commercial motor vehicle as follows:
1. For a period of one hundred eighty days if the person is found responsible for a first violation of an out-of-service order.
2. For a period of two years if the person is found responsible for a second or subsequent violation of any out-of-service order during any ten year period arising from separate incidents.
D. A person
who is convicted of or found responsible for violating any federal, state or
local railroad grade crossing law, ordinance or regulation is disqualified from
driving a commercial motor vehicle as follows:
1. for a
period of sixty days if a person is convicted of or found responsible for a
first violation.
2. For a
period of one hundred twenty days if a person is convicted of or found
responsible for a second violation during any three year period.
3. For a
period of one year if a person is convicted of or found responsible for a third
or subsequent violation during any three year period.
D. E. The department
may adopt rules establishing guidelines and conditions under which the
department may reduce a disqualification for life pursuant to subsection A,
paragraph 3 of this section to a disqualification of at least ten years. If a
person's disqualification is reduced pursuant to rules adopted pursuant to this
subsection and the person is subsequently disqualified pursuant to subsection
A, paragraph 3 of this section, the person is permanently disqualified from
driving a commercial vehicle and is not eligible to apply for a reduction of
the disqualification pursuant to rules adopted pursuant to this subsection.
E. F. For purposes of this section, "serious traffic violation" means a conviction for any of the following:
1. Excessive speeding involving a single offense for a speed of fifteen miles per hour or more above the posted speed limit.
2. Reckless driving as provided by section 28-693.
3. Aggressive driving as provided by section 28-695.
4. Racing as defined in section 28-708.
5. Improper or erratic traffic lane changes as provided by section 28‑729.
6. Following the vehicle ahead too closely as provided by section 28‑730.
7. A violation of this title that is connected with a fatal traffic accident.
Sec. 15. Section 28-3315, Arizona Revised Statutes, is amended to read:
28-3315. Period of suspension, revocation or disqualification; unlicensed drivers
A. The department shall not suspend, revoke or disqualify a driver license or privilege to drive a motor vehicle on the public highways for more than one year from the date of a conviction or judgment, if any, against a person for which this chapter makes revocation, suspension or disqualification mandatory or from the date the notice is sent pursuant to section 28-3318 if no conviction was involved, except as permitted under subsection D E of this section and sections 28-1383, 28-3312, 28‑3319, 28‑3320 and 28-3473.
B. A person whose license or privilege to drive a motor vehicle on the public highways has been revoked may apply for a new license as provided by law after the cause of the revocation is removed or after expiration of the revocation period prescribed by law. After the department investigates an applicant's driving record in this state or another state by examining department records or other sufficient evidence to determine that all withdrawal actions are complete, that the applicant has not committed any traffic violations within twelve months preceding application and that all other statutory requirements are satisfied, the department may issue a new license.
C. The
department shall not accept an application for reinstatement of a driver
license until after the twelve month period prescribed in subsection B of this
section has elapsed.
C. D. If the revocation is related to alcohol or other drugs, the person shall provide the department with a current evaluation from a physician licensed pursuant to title 32, chapter 13, 17 or 29, a psychologist licensed pursuant to title 32, chapter 19.1 or a certified substance abuse counselor as defined in section 28-3005 indicating that, in the opinion of the physician, psychologist or counselor, the condition does not affect or impair the person's ability to safely operate a motor vehicle. For the purposes of reinstating a license or driving privilege pursuant to this article, the department may rely on the opinion of a physician licensed pursuant to title 32, chapter 13, 17 or 29, a psychologist licensed pursuant to title 32, chapter 19.1 or a certified substance abuse counselor as defined in section 28-3005.
D. E. Notwithstanding subsections A and B of this section:
1. A person whose license or privilege to drive is revoked pursuant to section 28-1383, subsection J or section 28-3304, subsection A, paragraph 1 or 9 is not entitled to have the person's license or privilege renewed or restored for three years.
2. A person whose license or privilege to drive is revoked pursuant to section 13-1209 is not entitled to have the person's license or privilege renewed or restored for the period of time ordered by the court.
E. F. Except as provided in section 28-3473, if an unlicensed driver commits an offense for which a driver license could be suspended, revoked or disqualified, the department shall not accept the unlicensed driver's application for a driver license for a period equal to the period of time that applies to a driver with a license. If the offense is one for which a driver license could be revoked, the department shall not accept the unlicensed driver's application for a driver license unless it investigates the character, habits and driving ability of the person and is satisfied that it is safe to grant the privilege of driving a motor vehicle on the public highways.
F. G. The expiration of a person's license during the period of time it is under suspension, revocation or disqualification does not invalidate or terminate the suspension, revocation or disqualification.
G. H. A person whose license or privilege to drive a motor vehicle on the public highways has been suspended pursuant to section 28-3306, subsection A, paragraph 5 or section 28-3314 may apply for a new license as provided by law after the cause for suspension is removed or after expiration of the suspension period prescribed by law if both of the following conditions are met:
1. The department is satisfied, after reviewing the medical condition and driving ability of the person, that it is safe to grant the person the privilege of driving a motor vehicle on the public highways.
2. If the person has a medical condition related to alcohol or other drugs, the person provides the department with a current evaluation form from a physician licensed pursuant to title 32, chapter 13, 17 or 29, a psychologist licensed pursuant to title 32, chapter 19.1 or a certified substance abuse counselor as defined in section 28-3005 indicating that, in the opinion of the physician, psychologist or counselor, the condition does not affect or impair the person's ability to operate a motor vehicle in a safe manner.
Sec. 16. Section 28-3319, Arizona Revised Statutes, is amended to read:
28-3319. Action after license suspension, revocation or denial for driving under the influence or refusal of test; certified ignition interlock devices; definition
A. If pursuant to section 28-1321, 28-1381, 28-1382 or 28-1383 the license of a driver or the driving privilege of a nonresident is suspended or revoked, the department shall not terminate the suspension or revocation until the person provides proof of financial responsibility pursuant to chapter 9, article 3 of this title.
B. If pursuant to section 28-1321, 28-1381, 28-1382 or 28-1383 an unlicensed resident is denied a license or permit to operate a motor vehicle, the department shall not issue a license or permit until the person provides proof of financial responsibility pursuant to chapter 9, article 3 of this title.
C. If a person whose license or driving privilege is suspended or revoked pursuant to section 28-1321, 28-1381, 28-1382 or 28-1383 is ordered, pursuant to section 28-1381, 28-1382 or 28-1383, to attend alcohol or other drug screening, education or treatment, the department shall not either:
1. Terminate the suspension until the person provides proof from the treatment facility that the person has completed or is participating satisfactorily in alcohol or other drug screening, education or treatment.
2. Issue a new license to operate a motor vehicle after the revocation until the person provides proof from the facility that the person has completed the court ordered program.
D. On
receipt of a report of conviction from a court, the department shall require
any motor vehicle the convicted person operates to be equipped with a certified
ignition interlock device for twelve months if any of the following applies:
1. The
department determines that within a period of sixty months a person is
convicted of a second or subsequent violation of section 28‑1381 with a
prior conviction of a violation of section 28-1381 or 28‑1382 or an act
in another jurisdiction that if committed in this state would be a violation of
section 28-1381 or 28-1382.
2. the
conviction is for a violation of section 28-1382.
3. The
conviction is for a violation of section 28-1383, subsection A, paragraph 1 or
2 or paragraph 3, subdivision (b).
E. The
twelve month period prescribed in subsection D of this section begins on the
conclusion of the person's license suspension or revocation or on the date of
conviction, whichever occurs later.
F. A person
who is required to equip a motor vehicle with a certified ignition interlock
device pursuant to subsection D of this section shall comply with chapter 4,
article 5 of this title.
G. For the purposes of this section, "certified ignition interlock device" has the same meaning prescribed in section 28-1301.
Sec. 17. Title 28, chapter 8, article 6, Arizona Revised Statutes, is amended by adding section 28-3322, to read:
28-3322. Suspension of license for persons eighteen, nineteen and twenty years of age; definition
A. In
addition to the grounds for mandatory revocation provided for in chapters 3, 4
and 5 of this title, the department shall immediately suspend the driver
license or privilege to drive or refuse to issue a driver license or privilege
to drive of a person who commits a violation of section 4‑244, paragraph
33 while the person is eighteen, nineteen or twenty years of age on receipt of
the record of the person's conviction for a violation of section 4-244,
paragraph 33 for a period of two years.
B. If
ordered by the court, the department shall restrict the person's privilege to
drive between the person's home, school and place of employment during
specified periods of time according to the person's school and employment
schedule.
C. For the purposes of this section, "conviction" means a final conviction or judgment, including an order of the juvenile court finding that a juvenile violated any provision of this title or committed a delinquent act that if committed by an adult would constitute a criminal offense."
Amend title to conform
Dean Cooley
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2053-SE2-Cooley