Bill Text: AZ HB2286 | 2012 | Fiftieth Legislature 2nd Regular | Chaptered
Bill Title: Driver license violations; suspensions
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2012-04-12 - Governor Signed [HB2286 Detail]
Download: Arizona-2012-HB2286-Chaptered.html
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Senate Engrossed House Bill |
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State of Arizona House of Representatives Fiftieth Legislature Second Regular Session 2012
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CHAPTER 252
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HOUSE BILL 2286 |
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AN ACT
amending sections 28‑3473 and 28-3511, Arizona Revised Statutes; relating to driver license violations.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-3473, Arizona Revised Statutes, is amended to read:
28-3473. Driving violations; classification; restricted privilege to drive
A. Except as otherwise provided in this subsection, a person who drives a motor vehicle on a public highway when the person's privilege to drive a motor vehicle is suspended, revoked, canceled or refused or when the person is disqualified from driving is guilty of a class 1 misdemeanor. If the suspension is pursuant to section 28‑1601 and the person presents to the court evidence that the person's privilege to drive has been reinstated, the court may dismiss the charge of driving under a suspended driver license.
B. Except for a suspension pursuant to section 28‑1601 or 28‑3308, on receipt of a record of the conviction of a person under this section, the department shall notify a person who is eligible for a restricted privilege to drive pursuant to this section that the person is eligible. The department shall issue a license that restricts the person's privilege to drive as follows:
1. Between the person's place of employment and residence during specified periods of time while at employment.
2. Between the person's place of residence, the person's place of employment and the person's secondary or postsecondary school according to the person's employment or educational schedule.
3. Between the person's place of residence and a screening, education or treatment facility for scheduled appointments.
4. Between the person's place of residence and the office of the person's probation officer for scheduled appointments.
5. Between the person's place of residence and the office of a physician or other health care professional.
6. Between the person's place of residence and a certified ignition interlock device service facility.
C. On application, the department shall issue a driver license that restricts a person's privilege to drive pursuant to subsection B of this section and that is valid for one year only if all of the following apply:
1. The person has completed all requirements of the sentence imposed by the court.
2. The person has satisfied all suspension periods imposed on the person's driver license as a result of the conviction of or a finding of responsibility for a violation of any provision of this title except this section.
3. The person pays the applicable reinstatement fee prescribed by section 28‑3002.
Sec. 2. Section 28-3511, Arizona Revised Statutes, is amended to read:
28-3511. Removal and immobilization or impoundment of vehicle
A. A peace officer shall cause the removal and either immobilization or impoundment of a vehicle if the peace officer determines that a person is driving the vehicle while any of the following applies:
1. except as otherwise provided in this paragraph, the person's driving privilege is suspended or revoked for any reason. a peace officer shall not cause the removal and either immobilization or impoundment of a vehicle pursuant to this paragraph if the person's privilege to drive is valid in this state.
2. The person has not ever been issued a valid driver license or permit by this state and the person does not produce evidence of ever having a valid driver license or permit issued by another jurisdiction. This paragraph does not apply to the operation of an implement of husbandry.
3. The person is subject to an ignition interlock device requirement pursuant to chapter 4 of this title and the person is operating a vehicle without a functioning certified ignition interlock device. This paragraph does not apply to a person operating an employer's vehicle or the operation of a vehicle due to a substantial emergency as defined in section 28‑1464.
4. In furtherance of the illegal presence of an alien in the United States and in violation of a criminal offense, the person is transporting or moving or attempting to transport or move an alien in this state in a vehicle if the person knows or recklessly disregards the fact that the alien has come to, has entered or remains in the United States in violation of law.
5. The person is concealing, harboring or shielding or attempting to conceal, harbor or shield from detection an alien in this state in a vehicle if the person knows or recklessly disregards the fact that the alien has come to, entered or remains in the United States in violation of law.
B. A peace officer shall cause the removal and impoundment of a vehicle if the peace officer determines that a person is driving the vehicle and if all of the following apply:
1. The person's driving privilege is canceled, suspended or revoked for any reason or the person has not ever been issued a driver license or permit by this state and the person does not produce evidence of ever having a driver license or permit issued by another jurisdiction.
2. The person is not in compliance with the financial responsibility requirements of chapter 9, article 4 of this title.
3. The person is driving a vehicle that is involved in an accident that results in either property damage or injury to or death of another person.
C. Except as provided in subsection D of this section, while a peace officer has control of the vehicle the peace officer shall cause the removal and either immobilization or impoundment of the vehicle if the peace officer has probable cause to arrest the driver of the vehicle for a violation of section 4‑244, paragraph 34 or section 28‑1382 or 28‑1383.
D. A peace officer shall not cause the removal and either the immobilization or impoundment of a vehicle pursuant to subsection C of this section if all of the following apply:
1. The peace officer determines that the vehicle is currently registered and that the driver or the vehicle is in compliance with the financial responsibility requirements of chapter 9, article 4 of this title.
2. The spouse of the driver is with the driver at the time of the arrest.
3. The peace officer has reasonable grounds to believe that the spouse of the driver:
(a) Has a valid driver license.
(b) Is not impaired by intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances.
(c) Does not have any spirituous liquor in the spouse's body if the spouse is under twenty‑one years of age.
4. The spouse notifies the peace officer that the spouse will drive the vehicle from the place of arrest to the driver's home or other place of safety.
5. The spouse drives the vehicle as prescribed by paragraph 4 of this subsection.
E. Except as otherwise provided in this article, a vehicle that is removed and either immobilized or impounded pursuant to subsection A, B or C of this section shall be immobilized or impounded for thirty days. An insurance company does not have a duty to pay any benefits for charges or fees for immobilization or impoundment.
F. The owner of a vehicle that is removed and either immobilized or impounded pursuant to subsection A, B or C of this section, the spouse of the owner and each person identified on the department's record with an interest in the vehicle shall be provided with an opportunity for an immobilization or poststorage hearing pursuant to section 28‑3514.
APPROVED BY THE GOVERNOR APRIL 12, 2012.
FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 12, 2012.
