Page 1, between
lines 1 and 2, insert:
"Section 1. Section 12-114, Arizona Revised Statutes,
is amended to read:
START_STATUTE12-114. Surcharge
on court ordered diversion programs for traffic offenses; deposit
A. If
a court authorizes individuals charged with civil or criminal traffic offenses
to attend a court authorized diversion program, including a defensive driving
school program, it shall require the assessment of a five dollar surcharge on
the fees charged by such court authorized diversion programs.
The surcharge applies to every individual who attends a court authorized
diversion program, including an individual who holds a commercial driver
license.
B. A
court or a court authorized diversion program shall collect the five dollar
surcharge and remit the surcharge to the supreme court which shall deposit,
pursuant to sections 35‑146 and 35‑147, the surcharge in the
judicial collection enhancement fund." END_STATUTE
Renumber to
conform
Lines 5 and
6, strike "A to the extent a
court is in compliance with title 49, code of federal regulations, the" insert "A"
Line
15, after "license" insert "and"
Line
21, strike the comma
Page
2, line 4, after "A." insert "Except as provided in section 28‑3394.01,"
Page 2, lines
10 and 11, strike "for the purposes of section 28‑3306,
subsection A, paragraph 3"
Strike lines
15 through 19, insert:
"Sec. 4. Title
28, chapter 8, article 7, Arizona Revised Statutes, is amended by adding
section 28-3394.01, to read:
START_STATUTE28-3394.01. Commercial
driver license holders
A. The court shall forward to the
department an abstract of a record of judgment against a person who holds a
commercial driver LICENSE and who is eligible to attend defensive driving
school pursuant to section 28‑3392. The department shall include a
record of the civil traffic violation on the person's driving record. The
department or an agency of this state may not consider the violation for the
purpose of determining whether the person's driver license SHOULD be suspended
or revoked.
B. If the person described in subsection A
of this section successfully completes the course at a defensive driving
school:
1. the court may not impose a civil
penalty for the traffic citation for which the individual attended the school.
2. For private passenger motor vehicle
liability insurance, an INSURER shall consider the traffic citation equivalent
to a dismissed traffic citation pursuant to section 28‑3394 except that
an insurer of a commercial motor vehicle may consider the citation for
underwriting and rating purposes for any policy covering the vehicle. END_STATUTE
Sec 5. Section
28-3396, Arizona Revised Statutes, is amended to read:
START_STATUTE28-3396. Court
diversion fee
A. The presiding judge
of each court shall:
1. Set
the amount of the court diversion fee that an individual,
including an individual who holds a commercial driver license, who
attends a defensive driving school may be assessed.
2. Charge
an individual a forty‑five dollar surcharge if the individual attends a
defensive driving school.
3. Immediately
inform the supreme court in writing of the amount of the court diversion fee
that is established for the court and the total cost to attend a defensive
driving school.
4. Immediately
inform the supreme court in writing of any changes in the total cost to attend
a defensive driving school.
B. Payment
of the court diversion fee and surcharge is in lieu of payment of a civil
penalty or criminal fine and any surcharge that are imposed for a traffic
violation.
C. The
driving school shall collect the court diversion fee and surcharge before or at
the time an individual attends the school. On receipt of the
diversion fee, the defensive driving school shall transmit the fee promptly to
the appropriate court pursuant to procedures prescribed by the supreme
court. On receipt of the surcharge, the defensive driving school
shall transmit the surcharge promptly to the state treasurer for deposit,
pursuant to sections 35‑146 and 35‑147, as follows:
1. The
first ten million four hundred thousand dollars in revenue annually in the
department of public safety forensics fund established by section 41‑1730.
2. All remaining money
in the state general fund. END_STATUTE
Sec. 6. Effective date
This
act is effective from and after August 31, 2019."
Amend title to conform
Bill
Number: H.B. 2260