HB2260 - 532R

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

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

Sec. 2. Section 28-3392, Arizona Revised Statutes, is amended to read:

START_STATUTE28-3392. 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: ,

(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 and 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. END_STATUTE

Sec. 3. Section 28-3394, Arizona Revised Statutes, is amended to read:

START_STATUTE28-3394. Successful course completion

A. Except as provided in section 28‑3394.01, 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.

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. END_STATUTE

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.