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House Engrossed |
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State of Arizona House of Representatives Fifty-third Legislature Second Regular Session 2018
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HOUSE BILL 2260 |
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AN ACT
amending sections 28‑3392 and 28‑3394, Arizona Revised Statutes; relating to defensive driving school.
(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 To the extent a court is in compliance with title 49, Code of Federal Regulations, the 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: ,
(a) May allow an individual who is issued a citation for a violation of section 28‑701.02 to attend a defensive driving school.
(b) Shall allow an individual who holds a commercial driver license who is issued a citation for a civil traffic moving violation pursuant to chapter 3, article 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14 or 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 only if the individual was driving a vehicle requiring a class D license, or a class M license and the vehicle was not being used for commercial purposes.
B. A person who attends a defensive driving school pursuant to this article is not eligible to attend a defensive driving school again within 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.
Sec. 2. Section 28-3394, Arizona Revised Statutes, is amended to read:
28-3394. Successful course completion
A. If an eligible individual successfully completes the course at a defensive driving school:
1. The court shall dismiss the civil or criminal traffic citation for which the individual attended the school.
2. The department shall not include a record of the civil or criminal traffic citation for which the individual attended the school on the individual's driving record for the purposes of section 28-3306, subsection A, paragraph 3.
B. The dismissal of a civil or criminal traffic citation pursuant to this section does not preclude the introduction of evidence pertaining to the issuance of the citation in a civil or criminal proceeding.
C. Notwithstanding subsection A, paragraph 2 of this section, if an individual is a commercial driver license holder, a record of the civil or criminal traffic citation for which the individual attended defensive driving school is not confidential and shall be disclosed for purposes of title 49, code of federal regulations and to insurers.