HB2661 - 502R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 28-693, Arizona Revised Statutes, is amended to read:

START_STATUTE28-693. Reckless driving; classification; license; surrender; special ignition interlock restricted driver license

A. A person who drives a vehicle in reckless disregard for the safety of persons or property is guilty of reckless driving.

B. A person convicted of reckless driving is guilty of a class 2 misdemeanor.

C. In addition, the judge may require the surrender to a police officer of any driver license of the convicted person, shall report the conviction to the department and may order the driving privileges of the person to be suspended for a period of not more than ninety days. On receipt of the abstract of conviction and order, the department shall suspend the driving privilege of the person for the period of time ordered by the judge.

D. If a person who is convicted of a violation of this section has been previously convicted of a violation of this section, section 13‑1102 or section 13‑1103, subsection A, paragraph 1, in the driving of a vehicle, or section 28‑708, 28‑1381, 28‑1382 or 28‑1383 within a period of twenty‑four months:

1. The person is guilty of a class 1 misdemeanor.

2. The person is not eligible for probation, pardon, suspension of sentence or release on any basis until the person has served not less than twenty days in jail.

3. The judge may require the surrender to a police officer of any driver license of the person and shall immediately forward the abstract of conviction to the department.

4. On receipt of the abstract of conviction, the department shall revoke suspend the driving privilege of the person.

E. In applying the twenty‑four month period provision of subsection D of this section, the dates of the commission of the offense shall be the determining factor, irrespective of the sequence in which the offenses were committed. A second or subsequent violation for which a conviction occurs as provided in this section does not include a conviction for an offense arising out of the same series of acts.

F. On pronouncement of a jail sentence under this section, and after the court receives confirmation that the person is employed or is a student, the court may provide in the sentence that if the defendant is employed or is a student the defendant can continue employment or schooling for not more than twelve hours per day nor more than five days per week. The defendant shall spend the remaining days or parts of days in jail until the sentence is served and shall be allowed out of jail only long enough to complete the defendant's actual hours of employment or schooling.

G. After forty-five days of the suspension required by subsection D, paragraph 4 of this section, if the person's previous conviction within the twenty-four month period was for a violation of section 28-1381, 28-1382 or 28-1383, the person is eligible for a special ignition interlock restricted driver license pursuant to section 28-1401. Unless the certified ignition interlock device period is extended by the department pursuant to section 28‑1461, a person who is issued a special ignition interlock restricted driver license as provided in this subsection shall maintain a functioning certified ignition interlock device in compliance with chapter 4 of this title during the remaining period of the suspension required by this section. END_STATUTE

Sec. 2. Section 28-1401, Arizona Revised Statutes, is amended to read:

START_STATUTE28-1401. Special ignition interlock restricted driver licenses; application fee

A. A person whose class D or class G license has been suspended pursuant to section 28-1385, section 28-693, subsection D or section 28-3308, subsection A or suspended or revoked for a first refusal pursuant to section 28‑1321, a second violation of section 28-1381 or 28-1382 or a first violation of section 28‑1383, subsection A, paragraph 3 may apply to the department for a special ignition interlock restricted driver license that allows a person to operate a motor vehicle during the period of suspension or revocation subject to the restrictions prescribed in section 28‑1402 and the certified ignition interlock device requirements prescribed in article 5 of this chapter if the person's privilege to operate a motor vehicle has been suspended or revoked due to an alcohol related offense pursuant to any of the following:

1. Section 28-1321, if the person meets the criteria of section 28‑1321, subsection P.

2. Section 28-1381, if the person meets the criteria of section 28‑1381, subsection O and the person presents evidence that is satisfactory to the director and that shows that the person has completed the requirements prescribed in section 28-1387, subsection B.

3. Section 28-1382, if the person meets the criteria of section 28‑1382, subsection H and the person presents evidence that is satisfactory to the director and that shows that the person has completed the requirements prescribed in section 28-1387, subsection B.

4. Section 28-1383, if the person meets the criteria of section 28‑1383, subsection K and the person presents evidence that is satisfactory to the director and that shows that the person has completed the requirements prescribed in section 28-1387, subsection B.

5. Section 28-1385, if the person meets the criteria of section 28‑1385, subsection G.

6. Section 28-693, if the person meets the criteria of section 28-693, subsection G.

7. Section 28-3308, subsection A.

B. An applicant for a special ignition interlock restricted driver license shall pay an application fee in an amount to be determined by the director.

C. The department shall issue a special ignition interlock restricted driver license during the period of a court ordered restriction pursuant to sections 28‑3320 and 28‑3322 subject to the restrictions prescribed in section 28‑1402 and the certified ignition interlock requirements prescribed in article 5 of this chapter.

D. If the department issues a special ignition interlock restricted driver license, the department shall not delete a suspension or revocation from its records.

E. The granting of a special ignition interlock restricted driver license does not reduce or eliminate the required use of an ignition interlock device pursuant to section 28‑3319.

F. The department shall make a notation on a special ignition interlock restricted driver license that is issued to a person who is placed in a continuous alcohol monitoring program pursuant to section 28-3319, subsection I J. END_STATUTE

Sec. 3. Section 28-1402, Arizona Revised Statutes, is amended to read:

START_STATUTE28-1402. Issuance of special ignition interlock restricted driver license; restrictions

A. On application pursuant to section 28‑1401, subsection A the department may, and pursuant to section 28‑1401, subsection C the department shall, issue a special ignition interlock restricted driver license that only allows a person whose class D or class G license has been suspended pursuant to section 28-1385, section 28-693, subsection D or section 28-3308, subsection A or suspended or revoked for a first refusal pursuant to section 28‑1321, a second violation of section 28-1381 or 28-1382 or a first violation of section 28‑1383, subsection A, paragraph 3 to operate a motor vehicle that is equipped with a functioning certified ignition interlock device and only 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.

B. The department may only issue a special ignition interlock restricted driver license to an applicant who is otherwise qualified by law.

C. Except as provided in section 28‑1463, if the department suspends, revokes, cancels or otherwise rescinds a person's special ignition interlock restricted license or privilege for any reason, the department shall not issue a new license or reinstate the special ignition interlock restricted driver license during the prescribed period of suspension or revocation or while the person is otherwise ineligible to receive a license. END_STATUTE

Sec. 4. Section 28-3304, Arizona Revised Statutes, is amended to read:

START_STATUTE28-3304. Mandatory revocation of license; definition

A. In addition to the grounds for mandatory revocation provided for in chapters 3, 4 and 5 of this title, the department shall immediately revoke the license of a driver on receipt of a record of the driver's conviction of any of the following offenses if the conviction is final:

1. A homicide or aggravated assault resulting from the operation of a motor vehicle.

2. Driving a motor vehicle while under the influence of a drug as defined in section 13‑3401 or in violation of section 28‑1381, subsection A, paragraph 3.

3. A felony in the commission of which a motor vehicle is used.

4. Theft of a motor vehicle pursuant to section 13‑1802.

5. Unlawful use of means of transportation pursuant to section 13‑1803.

6. Theft of means of transportation pursuant to section 13‑1814.

7. Drive by shooting pursuant to section 13‑1209.

8. Failure to stop and render aid as required under the laws of this state if a motor vehicle accident results in the death or personal injury of another.

9. Perjury or the making of a false affidavit or statement under oath to the department under this chapter or under any other law relating to the ownership or operation of a motor vehicle.

10. Conviction or forfeiture of bail not vacated on a second or subsequent charge of the following offenses that are committed within eighty‑four months:

(a) Reckless driving.

(b) Racing on highways.

(c) Any combination of a violation of section 28‑1381 or 28‑1382 and reckless driving, of a violation of section 28‑1381 or 28‑1382 and racing on highways, or of reckless driving and racing on highways, if they do not arise out of the same event.

11. Conviction or forfeiture of bail not vacated on a second charge of violating section 28‑1381 or 28‑1382 within eighty-four months.

12. Conviction or forfeiture of bail not vacated on a third or subsequent charge of violating section 28‑1381 or 28‑1382 within eighty-four months.

13. Conviction or forfeiture of bail not vacated on a charge of violating section 28‑1381 or 28‑1382 and the driver has been convicted within a period of eighty-four months of an offense in another jurisdiction that if committed in this state would be a violation of section 28‑1381 or 28‑1382.

B. In determining the starting date for the eighty-four month period prescribed in subsection A, paragraphs 10 through 13 of this section, the department shall use the date of the commission of the offense.

C. For the purposes of this section, "conviction" means a final adjudication or judgment, including an order of a juvenile court finding that a juvenile violated any provision of this title or committed a delinquent act that if committed by an adult would constitute a criminal offense.END_STATUTE

Sec. 5. Section 28-3308, Arizona Revised Statutes, is amended to read:

START_STATUTE28-3308. Mandatory suspension; reckless driving and driving under the influence; failure to appear; special ignition interlock restricted driver license

A. In addition to the grounds for mandatory suspension provided for in chapters 3, 4 and 5 of this title, the department shall immediately suspend the license of a driver on receipt of a record of the driver's Conviction, if the conviction is final, or forfeiture of bail not vacated on a second or subsequent charge of Any combination of a violation of section 28‑1381 or 28‑1382 and reckless driving if committed within eighty-four months and if they do not arise out of the same event. In determining the starting date for the eighty-four month period prescribed in this section, the department shall use the date of the commission of the offense.

B. On notification that a person failed to appear as directed for a scheduled court appearance after service of the complaint alleging a violation of a provision of this title, the department shall suspend the person's driver license or nonresident operating privilege until the person appears, the fine or civil penalty is paid or a bond is forfeited.

C. After not less than forty-five consecutive days of the suspension required by subsection A of this section, a person whose driving privilege is suspended may apply to the department for a special ignition interlock restricted driver license pursuant to section 28-1401. Unless the certified ignition interlock device period is extended by the department pursuant to section 28-1461, a person who is issued a special ignition interlock restricted driver license as provided in this subsection shall maintain a functioning certified ignition interlock device in compliance with chapter 4 of this title during the remaining period of the suspension required by this section. END_STATUTE

Sec. 6. Applicability

This act applies to any offense that is prosecuted on or after January 1, 2012 and that as of the effective date of this act, there has not been a sentence imposed for the offense.

Sec. 7. Emergency

This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.