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REFERENCE TITLE: photo radar; calibration; traffic tickets |
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State of Arizona House of Representatives Fifty-first Legislature Second Regular Session 2014
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HB 2690 |
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Introduced by Representatives Gowan, Townsend, Senator Murphy: Representatives Barton, Borrelli, Dial, Gray, Kavanagh, Lesko, Lovas, Mitchell, Montenegro, Orr, Pierce J, Stevens, Thorpe, Ugenti, Senators Crandell, Shooter
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AN ACT
amending title 28, chapter 3, article 21, Arizona Revised Statutes, by adding section 28‑1207; amending section 28‑1557, Arizona Revised Statutes; relating to photo enforcement.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 28, chapter 3, article 21, Arizona Revised Statutes, is amended by adding section 28-1207, to read:
28-1207. Calibration requirement; complaint dismissal
A. Every local authority or agency of this state using a photo enforcement system must calibrate the photo enforcement system at least once in a twenty‑four hour period.
B. If a traffic complaint is issued for a violation of article 3 or 6 of this chapter and the violation is detected by a photo enforcement system, the traffic complaint must contain a date and time of the most recent calibration that is within a twenty‑four hour period before the complaint is issued or the court must dismiss the complaint.
Sec. 2. Section 28-1557, Arizona Revised Statutes, is amended to read:
28-1557. Traffic complaint form; use of social security number prohibited
A. Each traffic enforcement agency in this state shall use a uniform traffic ticket and complaint form for traffic complaints pursuant to the rules of procedure in traffic cases adopted by the arizona supreme court of Arizona that is issued in books meeting the requirements of this article.
B. Each traffic complaint shall contain the following notice:
1. If you fail to appear as directed in this complaint on a criminal charge, a warrant will be issued for your arrest and your license will be suspended.
2. If you fail to appear as directed in this complaint on a civil traffic violation:
(a) A default judgment will be entered against you.
(b) A civil penalty will be imposed.
(c) Your license or nonresident operating privilege will be suspended until the civil penalty is paid.
C. The chief administrative officer of each traffic enforcement agency:
1. Is responsible for the issuance of the books.
2. Shall maintain a record of every book and each complaint contained in the book issued to individual members of the traffic enforcement agency.
3. Shall require and retain a receipt for each issued book.
D. A traffic complaint that is issued to an individual shall not contain a person's social security number. This subsection does not apply to copies of the traffic complaint that are retained by law enforcement and the courts.
E. If a traffic complaint is issued for a violation of chapter 3, article 3 or 6 and the violation is detected by a photo enforcement system as defined in section 28‑601, the traffic complaint must contain the date and time of the most recent calibration of the photo enforcement system.