SB1085 - 531R

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

Section 1. Section 13-2921, Arizona Revised Statutes, is amended to read:

START_STATUTE13-2921. Harassment; classification; definition

A. A person commits harassment if, with intent to harass or with knowledge that the person is harassing another person, the person:

1. Anonymously or otherwise contacts, communicates or causes a communication with another person by verbal, electronic, mechanical, telegraphic, telephonic or written means in a manner that harasses.

2. Continues to follow another person in or about a public place for no legitimate purpose after being asked to desist.

3. Repeatedly commits an act or acts that harass another person.

4. Surveils or causes another person to surveil a person for no legitimate purpose.

5. On more than one occasion makes a false report to a law enforcement, credit or social service agency.

6. Interferes with the delivery of any public or regulated utility to a person.

7. Taunts or maliciously throws an object at or in the direction of a vulnerable user of a public way as defined in section 28‑913.

B. A person commits harassment against a public officer or employee if the person, with intent to harass, files a nonconsensual lien against any public officer or employee that is not accompanied by an order or a judgment from a court of competent jurisdiction authorizing the filing of the lien or is not issued by a governmental entity or political subdivision or agency pursuant to its statutory authority, a validly licensed utility or water delivery company, a mechanics' lien claimant or an entity created under covenants, conditions, restrictions or declarations affecting real property.

C. Harassment under subsection A is a class 1 misdemeanor. Harassment under subsection B is a class 5 felony.

D. This section does not apply to an otherwise lawful demonstration, assembly or picketing.

E. For the purposes of this section, "harassment" means conduct that is directed at a specific person and that would cause a reasonable person to be seriously alarmed, annoyed or harassed and the conduct in fact seriously alarms, annoys or harasses the person. END_STATUTE

Sec. 2. Section 28-667, Arizona Revised Statutes, is amended to read:

START_STATUTE28-667. Written accident report; definition

A. A law enforcement officer or public employee who, in the regular course of duty, investigates a motor vehicle accident resulting in bodily injury, death or damage to the property of any person in excess of one thousand dollars or the issuance of a citation shall complete a written report of the accident as follows:

1. Either at the time of and at the scene of the accident or after the accident by interviewing participants or witnesses.

2. Within twenty‑four hours after completing the investigation.

3. If a citation is issued and the accident resulted in serious physical injury to or death of a vulnerable user of a public way as defined in section 28-913, whether the cited offense appears to have contributed to the serious physical injury or death.

B. Every law enforcement officer or public employee who, in the regular course of duty, investigates a motor vehicle accident that results in damage to the property of any person in an amount of one thousand dollars or less, but that does not result in the issuance of a citation or bodily injury or death, shall complete a portion of the written report of the accident. The portion of the written report shall:

1. Be completed either at the time of and at the scene of the accident or after the accident by interviewing participants or witnesses.

2. Be completed within twenty‑four hours after completing the investigation.

3. Include the following minimum information:

(a) The time, day, month and year of the accident.

(b) Information adequate to identify the location of the accident.

(c) Identifying information for all involved parties and witnesses, including name, age, sex, address, telephone number, vehicle ownership and registration and proof of insurance.

(d) A narrative description of the facts of the accident, a simple diagram of the scene of the accident and the investigating officer's name, agency and identification number.

C. The agency employing the officer or public employee:

1. Shall not allow a person to examine the accident report or any related investigation report or a reproduction of the accident report or a related investigation report if the request is for a commercial solicitation purpose.

2. May require a person requesting the accident or related investigative report to state under penalty of perjury that the report is not examined or copied for a commercial solicitation purpose.

3. May retain the original report.

4. Shall maintain an electronic copy of the original report if the agency elects not to retain the original report pursuant to paragraph 3 of this subsection.

5. Shall immediately forward a copy of the report to the department of transportation for its use.

6. Except as otherwise provided by law, on request shall provide a copy of the unredacted report to the following:

(a) A person who is involved in the accident or the owner of a vehicle involved in the accident or a representative of the person or owner.

(b) Any insurer licensed pursuant to title 20 if the report is related to an investigation into fraudulent claims, or any insurer that writes automobile liability or motor vehicle liability policies and that is both of the following:

(i) Under the jurisdiction of the department of insurance or a self‑insured entity or its agents, employees or contractors in connection with claims investigation activities, antifraud activities, rating or underwriting.

(ii) An insurer of a person or vehicle involved in the accident.

(c) An attorney licensed to practice law or to a licensed private investigator representing a person involved in the accident in connection with any civil, administrative or arbitration proceeding in any court or government agency or before any self‑regulatory body, including the service of process, investigation in anticipation of litigation and the execution or enforcement of judgments and orders, or pursuant to a court order.

(d) An insurance support organization as defined in section 20‑2102 that provides services in connection with claims investigation activities, antifraud activities, rating or underwriting.

D. If a request is made pursuant to subsection C, paragraph 6, subdivision (a) or (c) of this section and the accident report indicates that a criminal complaint has been issued, before the report is released the personal identifying information regarding any victim shall be redacted from the accident report pursuant to section 13‑4434.

E. A law enforcement agency may deny a request for a copy of an unredacted accident report if the agency determines that release of the report would be harmful to a criminal investigation.

F. The department may place notes, date stamps, identifying numbers, marks or other information on the copies as needed, if they do not alter the original information reported by the investigating officer or public employee.

G. Any law restricting the distribution of personal identifying information by a business entity described in subsection C, paragraph 6, subdivisions (b) and (d) of this section applies to personal identifying information contained in an accident report. If a person who receives information under this section is not otherwise subject to distribution restrictions for information contained in accident reports, the person shall not release the report or any information contained in the report except to those persons designated in subsection C, paragraph 6 of this section.

H. For the purposes of this section, "commercial solicitation purpose" means a request for an accident report if there is neither:

1. A relationship between the person or the principal of the person requesting the accident report and any party involved in the accident.

2. A reason for the person to request the report other than for the purposes of soliciting a business or commercial relationship. END_STATUTE

Sec. 3. Repeal

Section 28-735, Arizona Revised Statutes, is repealed.

Sec. 4. Title 28, chapter 3, article 15, Arizona Revised Statutes, is amended by adding section 28-913, to read:

START_STATUTE28-913. Operating a motor vehicle near a vulnerable user of a public way; endangering a vulnerable user of a public way; violation; classification; definitions

A. An operator of a motor vehicle may not knowingly, intentionally or recklessly do any of the following:

1. Operate the motor vehicle within three feet of a vulnerable user of a public way. If while overtaking a vulnerable user of a public way the driver is involved in a collision with the vulnerable user of a public way, the collision is prima facie evidence OF the driver's failure to leave at least three feet between the motor vehicle and the vulnerable user of a public way.

2. Distract or attempt to distract a vulnerable user of a public way for the purpose of causing violence or injury to the vulnerable user of a public way.

3. Force or attempt to force a vulnerable user of a public way off of a public way, crosswalk or shoulder of the highway except as necessary for purposes of public safety.

B. A person who violates this section is guilty of a class 2 misdemeanor, except that if the violation resulted in serious physical injury to or death of a vulnerable user of a public way, the court shall:

1. Impose a sentence that requires the person to complete a traffic safety course and perform between one hundred and two hundred hours of community restitution. The community restitution must include activities related to driver improvement and public education on traffic safety.

2. Order, but suspend on the condition that the person complete the requirements of paragraph 1 of this subsection:

(a) A fine of up to twelve thousand five hundred dollars.

(b) The suspension of the person's driving privileges for one year.

3. Set a hearing date up to one year after the date of sentencing. At the hearing the court shall do one of the following:

(a) If the person has successfully completed the requirements described in paragraph 1 of this subsection, dismiss the penalties ordered under paragraph 2 of this subsection.

(b) If the person has not successfully completed the requirements described in paragraph 1 of this subsection, either:

(i) Grant the person an extension based on good cause shown.

(ii) Impose the sentence prescribed by paragraph 2 of this subsection.

C. For the purposes of this section:

1. "Public way" means a public street, alley, road, highway or thoroughfare of any kind in this state that is used by the public or that is open to the use of the public as a matter of right, for the purpose of vehicular travel.

2. "Serious physical injury" has the same meaning prescribed in section 13-105.

3. "Vulnerable user of a public way" means a law enforcement officer, an emergency responder or a worker in a state highway work zone as defined in section 28-652 while in the course of official duties or a pedestrian, a person riding an animal or a person operating any of the following on a public way, in a crosswalk or on a shoulder of the highway:

(a) A farm tractor or implement of husbandry without an enclosed shell.

(b) A skateboard.

(d) In-line skates.

(e) A scooter.

(f) A wheelchair.

(g) A bicycle. END_STATUTE