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House Engrossed |
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State of Arizona House of Representatives Fifty-first Legislature Second Regular Session 2014
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HOUSE BILL 2363 |
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AN ACT
amending sections 28‑661 and 28‑3473, 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 28-661, Arizona Revised Statutes, is amended to read:
28-661. Accidents involving death or physical injuries; failure to stop; classification; driver license revocation; restricted privilege to drive
A. The driver of a vehicle involved in an accident resulting in injury to or death of a person shall:
1. Immediately stop the vehicle at the scene of the accident or as close to the accident scene as possible but shall immediately return to the accident scene.
2. Remain at the scene of the accident until the driver has fulfilled the requirements of section 28‑663.
B. A driver who is involved in an accident resulting in death or serious physical injury as defined in section 13‑105 and who fails to stop or to comply with the requirements of section 28‑663 is guilty of a class 3 felony, except that if a driver caused the accident the driver is guilty of a class 2 felony.
C. A driver who is involved in an accident resulting in an injury other than death or serious physical injury as defined in section 13‑105 and who fails to stop or to comply with the requirements of section 28‑663 is guilty of a class 5 felony.
D. The sentence imposed on a person for a conviction under this section shall run consecutively to any sentence imposed on the person for other convictions on any other charge related to the accident.
E. The department shall revoke the license or permit to drive and any nonresident operating privilege of a person convicted pursuant to subsection B of this section as follows:
1. For an accident resulting in serious physical injury, five years, not including any time that the person is incarcerated.
2. For an accident resulting in death, ten years, not including any time that the person is incarcerated.
F. Five or more years after the revocation period has begun pursuant to subsection E, paragraph 2 of this section, not including any time that the person is incarcerated, a person may apply to the department for a restricted privilege to drive as described in section 28‑3473, subsection B C. The department may issue a restricted privilege to drive as described in section 28‑3473, subsection B C if the department finds both of the following:
1. The person is not convicted of any offense involving the operation of a motor vehicle while the person's driving privilege is revoked.
2. The person has paid full restitution as ordered by the court.
G. The department shall revoke the license or permit to drive and any nonresident operating privilege of a person convicted pursuant to subsection C of this section for three years.
Sec. 2. 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 subsection B of 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.
B. 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 either:
1. Find the person guilty of a misdemeanor.
2. Find the person responsible for a civil traffic violation and impose a civil penalty not to exceed two hundred fifty dollars.
3. Dismiss the charge of driving under a suspended driver license.
B. C. 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. D. On application, the department shall issue a driver license that restricts a person's privilege to drive pursuant to subsection B C 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.