ARIZONA STATE SENATE
Phoenix, Arizona
vehicle impounds;
poststorage hearings
Transfers the requirement to
conduct poststorage hearings from the Motor Vehicle Division (MVD) to the law
enforcement agency ordering the impound and requires a justice court to conduct
the hearing in the event the impounding agency fails to provide the poststorage
hearing.
Laws 2001, Chapter 377
allows a peace officer to have a vehicle towed and impounded for 30 days if the
person is driving the vehicle on a revoked license or suspended license if the
suspension is due to a DUI conviction, a previous conviction for driving on a
suspended license or the accumulation of too many points as a result of
convictions for moving violations. MVD
is required to hold poststorage hearings for vehicles that are ordered
impounded for any of these circumstances.
There is no anticipated
fiscal impact to the state general fund associated with this legislation.
1. Transfers the requirement to conduct poststorage hearings from MVD to the law enforcement agency ordering the impound.
2. Requires a justice court to conduct the poststorage hearing in the event that the impounding agency fails to provide the hearing.
3. Requires poststorage hearing conducted by a justice court be considered civil findings for the purpose of judicial productivity credits.
4. Eliminates the authority to impound a vehicle if the operator’s driving privilege is suspended based on an administrative action by MVD that increased the suspension period as a result of a conviction for driving on a suspended license, unless the person is under an extended suspension resulting from a conviction for operating a vehicle while under suspension for a driving under the influence conviction.
5. Authorizes a vehicle to be released from impound upon order of a justice court conducting the poststorage hearing.
6. Makes technical and conforming changes.
7. Provides for a general effective date.
House Action
TRANS 1/28/02 DP 7-1-1-1-0
3rd Read 2/5/02 33-27-0-0
Prepared by Senate Staff
April 2, 2002