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REFERENCE TITLE: unlawful flight; vehicle impoundment |
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State of Arizona House of Representatives Fifty-third Legislature Second Regular Session 2018
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HB 2384 |
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Introduced by Representatives Clodfelter: Cook, John, Payne, Stringer, Udall
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AN ACT
amending sections 28‑622.01 and 28‑4834, Arizona Revised Statutes; relating to traffic laws.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-622.01, Arizona Revised Statutes, is amended to read:
28-622.01. Unlawful flight from pursuing law enforcement vehicle; classification; marked and unmarked vehicles
A driver of a motor vehicle who wilfully flees or attempts to elude a pursuing official law enforcement vehicle that is being operated in the manner described in section 28‑624, subsection C is guilty of a class 5 felony. if the law enforcement vehicle shall be is either:
1. Being operated in the manner described in section 28‑624, subsection C and is appropriately marked to show that it is an official law enforcement vehicle.
2. Unmarked and either of the following applies:
(a) The driver admits to knowing that the vehicle was an official law enforcement vehicle.
(b) Evidence shows that the driver should have known that the vehicle was an official law enforcement vehicle.
Sec. 2. Section 28-4834, Arizona Revised Statutes, is amended to read:
28-4834. Vehicle removal
A. An officer who has reasonable grounds to believe that a vehicle has been lost, stolen, abandoned or otherwise unclaimed may remove or cause the removal of the vehicle from any street or highway or on any other public, federal, state trust, national forest, state park or bureau of land management land or private property. FOr the purposes of this subsection, an officer may remove or cause the removal of a vehicle if the driver of the vehicle engages in unlawful flight from a pursuing law enforcement vehicle pursuant to section 28‑622.01, leaves the vehicle and continues to engage in unlawful flight from a pursuing law enforcement vehicle pursuant to section 28‑622.01 by other means, including on foot or in another vehicle.
B. In counties with a population of less than one million five hundred thousand persons, before an officer removes or causes the removal of a vehicle that is abandoned as provided in section 28‑4839 from the person in possession of the vehicle, the owner or lienholder of the vehicle or any other person who has an interest in the vehicle shall pay the person on whose property the vehicle was discovered an amount that does not exceed five dollars for each day of storage up to a maximum of five hundred dollars for the storage of the vehicle and the fee for processing an abandoned vehicle report as prescribed by section 28‑4802 if the person on whose property the vehicle was discovered does both of the following:
1. Notifies a law enforcement agency by telephone in the jurisdiction where the vehicle was discovered of the presence of the vehicle on the person's property within forty‑eight hours after the property owner discovered the vehicle.
2. Gives notice of abandonment of the vehicle in the manner prescribed by law.
C. This section does not require a law enforcement agency to pay any charges related to a vehicle that a law enforcement agency is required or otherwise authorized by law to impound or remove.
D. If a person removes or causes the removal of any vehicle, including an abandoned vehicle, from private property, the person shall both:
1. Obtain written authorization from the owner or lessee of the property on a form prescribed by the director.
2. Submit the form and the vehicle identification form to the department.
E. An officer who is employed by a public agency or political subdivision and who has removed an abandoned vehicle pursuant to this section or who has removed or caused to be removed a vehicle pursuant to section 28‑872 shall inspect the vehicle and shall complete the vehicle identification form prescribed or approved by the director. The agency or political subdivision shall make an inquiry to determine whether the abandoned vehicle is a stolen abandoned vehicle.
F. A person who has removed or caused to be removed an abandoned vehicle from public land pursuant to section 28‑4802 or private property shall have the vehicle inspected by an officer or agent of the department who shall complete the vehicle identification form prescribed by the director. The officer or agent designated by the director shall make an inquiry to determine whether the abandoned vehicle is a stolen abandoned vehicle.
G. If a renter or lessee of private property parks a vehicle on the private property in an area that the owner authorizes for the vehicle, a person may not remove or cause the removal of the vehicle from the private property unless there is evidence of abandonment. Expired registration of a vehicle may be considered in determining if a vehicle is abandoned but may not conclusively determine abandonment unless there is additional evidence of abandonment.