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Senate Engrossed House Bill |
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State of Arizona House of Representatives Fifty-second Legislature First Regular Session 2015
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HOUSE BILL 2308 |
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AN ACT
amending section 28-3392, Arizona Revised Statutes; relating to defensive driving schools.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-3392, Arizona Revised Statutes, is amended to read:
28-3392. Defensive driving school; eligibility
A. A court:
1. Shall allow an individual who is issued a citation for a civil traffic moving violation pursuant to chapter 3, articles 2, 3, 4 and 6 through 15 of this title or a local civil traffic ordinance relating to the same subject matter to attend a defensive driving school for the purposes provided in this article.
2. Except as prescribed in subsection C of this section, may allow an individual who is issued a citation for a violation of section 28‑701.02 to attend a defensive driving school.
B. A person who attends a defensive driving school
pursuant to this article is not eligible to attend a defensive driving school
again within twenty‑four twelve months from the day
of the last violation for which the person was authorized by this article to
attend a defensive driving school.
C. Notwithstanding subsection A of this section:
1. An individual who commits a civil or criminal traffic violation resulting in death or serious physical injury is not eligible to attend a defensive driving school, except that the court may order the individual to attend a defensive driving school in addition to another sentence imposed by the court on an adjudication or admission of the traffic violation.
2. If a commercial driver license holder or a driver of a commercial motor vehicle that requires a commercial driver license is found guilty or responsible for a moving violation, the court may require the violator to attend defensive driving school as an element of sentence, but may not dismiss the conviction or finding of responsibility and shall report the conviction or finding of responsibility to the department as prescribed in section 28‑1559. A commercial driver license holder or a driver of a commercial motor vehicle that requires a commercial driver license is not eligible for the defensive driving diversion program.