Bill Text: AZ HB2591 | 2016 | Fifty-second Legislature 2nd Regular | Chaptered
Bill Title: Civil traffic violations; alternative service
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2016-05-19 - Chapter 370 [HB2591 Detail]
Download: Arizona-2016-HB2591-Chaptered.html
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Senate Engrossed House Bill |
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State of Arizona House of Representatives Fifty-second Legislature Second Regular Session 2016
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CHAPTER 370
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HOUSE BILL 2591 |
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AN ACT
amending section 28-1602, Arizona Revised Statutes; relating to civil traffic violations.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-1602, Arizona Revised Statutes, is amended to read:
28-1602. Photo enforcement violation; service of process; no duty to identify photo or respond; definitions
A. Notwithstanding any other law, if a person receives a notice of violation in the mail for a violation of chapter 3, article 3 or 6 of this title or of a city or town ordinance for excessive speed or failure to obey a traffic control device that is obtained using a photo enforcement system, the person does not have to do either of the following:
1. Identify who is in the photo.
2. Respond to the notice of violation.
B. The notice of violation that is described in subsection A of this section must state the following:
1. The notice is not a court issued document and the recipient is under no obligation to identify the person or respond to the notice.
2. Failure to respond to the notice may result in official service that may result in an additional fee being levied.
C. In addition to any other means authorized by the Arizona rules of civil procedure, alternative or substitute service of process must be sent by certified mail with an additional copy by regular mail and a notice must be posted on the front door of the business or residence and, if present and accessible, a residence's garage door. Service of the complaint is complete on filing the mailing receipt and proof of posting in the court having jurisdiction of the violation. Notwithstanding any other law, a person's driving privileges may not be suspended or revoked as a result of a citation that is served by alternative service of process under this subsection.
D. If a law enforcement agency issues a citation as a result of a photo enforcement system and serves the citation in a manner other than what is prescribed by section 28‑1593, subsection A, the agency shall inform the person that there is no obligation to identify the driver or respond to the citation. Failure to respond to the citation will result in the probability that the person will be formally served pursuant to state law and the Arizona rules of civil procedure which will likely result in the person being required to pay the cost of the service.
E. For the purposes of this section:
1. "Notice of violation" means a notice issued by a photo enforcement company or municipality that is not a uniform traffic ticket or complaint.
2. "Photo enforcement system" has the same meaning prescribed in section 28‑601.
Sec. 2. Effective date
Section 28-1602, Arizona Revised Statutes, as amended by this act, is effective from and after December 31, 2016.
APPROVED BY THE GOVERNOR MAY 19, 2016.
FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 19, 2016.
