ARIZONA STATE SENATE
Phoenix, Arizona
REVISED
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. Increases, from $5 to $10 per day, the amount of storage charges for a vehicle impounded pursuant to this section.
7. Authorizes the justice court to collect a fee equal to a small claims answer.
8. Authorizes the impounding agency to conduct poststorage hearings in the impounding agency's jurisdiction, telephonically or pursuant to procedures established by the impounding agency that transfers the hearing to a law enforcement agency where the owner resides.
9. Requires the impounding agency to appear and show evidence if the poststorage hearing is conducted by a justice court.
10. Adds a statement to the vehicle impound notice that, if the impounding agency does not provide an opportunity for a poststorage hearing, the owner may request the hearing be held by a justice court in the jurisdiction where the owner resides.
11. Requires the poststorage hearing be held within five, rather than two, days.
12. Makes technical, clarifying and conforming changes.
13. Provides for a general effective date.
Amendments Adopted by Committee
1.
Increases
the cap for daily storage charges for impounded vehicles.
2.
Authorizes
justice courts to collect a fee.
3.
Authorizes
the impounding agency to conduct poststorage hearings in the impounding
agency's jurisdiction, telephonically or pursuant to procedures established by
the impounding agency that transfers the hearing to a law enforcement agency
where the owner resides.
4.
Adds
a statement to the vehicle impound notice that, if the impounding agency does
not provide an opportunity for a poststorage hearing, the owner may request the
hearing be held by a justice court in the jurisdiction where the owner resides.
5.
Requires
the impounding agency to appear and show evidence.
6.
Extends
the time period a poststorage hearing must be held.
7.
Makes
technical, clarifying and conforming changes.
House Action Senate
Action
TRANS 1/28/02 DP 7-1-1-1-0 TRANS 4/18/02 DPA 4-2-2-0
3rd Read 2/5/02 33-27-0-0
Prepared by Senate Staff
April 18, 2002