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REFERENCE TITLE: moving violations; assessment; enforcement; equipment |
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State of Arizona Senate Fiftieth Legislature First Regular Session 2011
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SB 1353 |
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Introduced by Senator Antenori; Representatives Gowan: Judd
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AN ACT
amending title 12, chapter 1, article 1, Arizona Revised Statutes, by adding section 12-116.04; amending sections 28‑1201, 28‑1592 and 28‑1593, Arizona Revised Statutes; repealing sections 28‑1602, 28‑3323 and 41‑1722, Arizona Revised Statutes; amending section 41-1723, Arizona Revised Statutes; amending Laws 2010, chapter 266, section 11; relating to enforcement of moving traffic violations.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 12, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 12-116.04, to read:
12-116.04. Assessment; law enforcement officer equipment
A. In addition to any other penalty, fine, fee or assessment authorized by law, an additional assessment of ten dollars shall be levied on every civil penalty or fine imposed and collected by the courts that is the result of a citation issued by a peace officer for a civil traffic violation, a violation of a misdemeanor offense or any local ordinance relating to the stopping, standing or operation of a vehicle. This assessment is not subject to any surcharge.
B. If the conviction or finding of responsibility occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer. If the conviction or finding of responsibility occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer. The city or county treasurer shall transmit fifty per cent of the monies collected to the state treasurer. The state treasurer shall deposit these monies in the public safety equipment fund established by section 41-1723. The city or county treasurer shall transmit the other fifty per cent of the monies collected to the city treasurer in the jurisdiction of the law enforcement agency that issued the citation. The city treasurer shall transmit these monies to the law enforcement agency that issued the citation to be used to supplement, not supplant, monies available for protective armor, electronic stun devices and other safety equipment.
Sec. 2. Section 28-1201, Arizona Revised Statutes, is amended to read:
28-1201. Definition of photo enforcement system
In this article, unless the context otherwise requires, "photo enforcement system" has the same meaning prescribed in section 28‑601 and includes a state photo enforcement system established pursuant to section 41‑1722.
Sec. 3. Section 28-1592, Arizona Revised Statutes, is amended to read:
28-1592. Commencement of action
A. A civil traffic violation case is commenced by issuance or filing of a uniform traffic ticket and complaint as provided in this article.
B. A civil traffic violation case shall be commenced as follows:
1. If a case is commenced by issuance, it shall be issued within sixty days of the alleged violation.
2. If the case is commenced by filing, it shall be filed within sixty days of the alleged violation and shall be served within ninety days from the filing date.
3. Except as provided in paragraph 4, within one hundred eighty days of the alleged violation if the alleged violation is under investigation in conjunction with a traffic accident.
4. Within one year of the alleged violation if the alleged violation is under investigation in conjunction with a traffic accident resulting in death.
5. If the alleged violation is detected by the state photo enforcement system established pursuant to section 41‑1722, the case shall be filed within one hundred twenty days of the alleged violation.
Sec. 4. Section 28-1593, Arizona Revised Statutes, is amended to read:
28-1593. Service of uniform traffic ticket and complaint
A. Except as provided in section 28‑1602, A traffic complaint may be served by delivering a copy of the uniform traffic ticket and complaint to the person charged with the violation or by any means authorized by the rules of civil procedure. At the discretion of the issuing authority, a complaint for a violation issued after an investigation in conjunction with a traffic accident may be sent by certified mail, return receipt requested and delivered to addressee only, to the address provided by the person charged with the violation. Service of the complaint is complete on filing the receipt in the court having jurisdiction of the violation.
B. Except as provided in section 28‑1602, subsection A, The original complaint shall be filed in a court having jurisdiction of the violation within ten court days of the time the complaint was issued. A peace officer, or duly authorized agent or someone paid to act on behalf of a traffic enforcement agency, may issue the traffic complaint.
C. If a person fails to respond to a notice of violation or contests responsibility, a uniform traffic ticket and complaint shall be served and filed as otherwise provided in this section, except that the complaint resulting from the state photo enforcement system as defined in section 28‑1602 shall not be filed in court before the person is personally served with the complaint.
D. The supreme court shall establish rules governing the issuance, service and processing of the notice of violation, including rules allowing a person to admit responsibility before a uniform traffic ticket and complaint is filed in court.
Sec. 5. Repeal
Sections 28‑1602, 28‑3323 and 41-1722, Arizona Revised Statutes, are repealed.
Sec. 6. Section 41-1723, Arizona Revised Statutes, is amended to read:
41-1723. Public safety equipment fund
The public safety equipment fund is established consisting of monies deposited in the fund pursuant to sections 5‑395.01, 5‑396, 5‑397, 12-116.04, 28‑1381, 28‑1382, 28‑1383, 28‑8284, 28‑8286, 28‑8287 and 28‑8288. The department shall administer the fund. Monies in the fund are continuously appropriated and shall be distributed as follows:
1. The first one million two hundred thousand dollars received each fiscal year as a continuing appropriation to used by the department for protective armor, electronic stun devices and other safety equipment. Monies appropriated pursuant to this paragraph are exempt from the provisions of section 35‑190 relating to lapsing of appropriations.
2. All other monies each fiscal year shall be deposited in the state general fund.
Sec. 7. Laws 2010, chapter 266, section 11 is amended to read:
Sec. 11. State photo enforcement system penalties; public safety equipment fund
Notwithstanding section sections 41‑1722, Arizona Revised Statutes, as amended by this act, and section 41‑1723, Arizona Revised Statutes, in fiscal year years 2010‑2011 and 2011-2012, forty per cent of the monies remaining in the photo enforcement fund after paying all expenses and court costs that cover the processing of photo enforcement violations and citations, but not to exceed seven million dollars, shall be deposited, pursuant to sections 35‑146 and 35‑147, Arizona Revised Statutes, in the public safety equipment fund established by section 41‑1723, Arizona Revised Statutes, and shall be used for the purposes described in section 41‑1723, paragraph 1, Arizona Revised Statutes.