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REFERENCE TITLE: photo radar; review; penalty |
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State of Arizona Senate Fifty-third Legislature Second Regular Session 2018
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SB 1110 |
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Introduced by Senator Borrelli
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AN ACT
amending section 28-1602, Arizona Revised Statutes; relating to photo enforcement.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-1602, Arizona Revised Statutes, is amended to read:
28-1602. Photo enforcement violations; law enforcement review; violation; classification; service of process; no duty to identify photo or respond; definitions
A. Notwithstanding any other law, if a person receives a notice of violation in the mail for a violation of chapter 3, article 3 or 6 of this title or of a city or town ordinance for excessive speed or failure to obey a traffic control device that is obtained using a photo enforcement system, the person does not have to do either of the following:
1. Identify who is in the photo.
2. Respond to the notice of violation.
B. The notice of violation that is described in subsection A of this section must state the following:
1. The notice is not a court issued document and the recipient is under no obligation to identify the person or respond to the notice.
2. Failure to respond to the notice may result in official service that may result in an additional fee being levied.
C. Before a citation is issued, a law enforcement agency must review evidence that is recorded by a photo enforcement system to determine whether a violation of chapter 3, article 3 or 6 of this title or of a city or town ordinance for excessive speed or failure to obey a traffic control device occurred.
D. A photo enforcement company may not determine whether a violation of chapter 3, article 3 or 6 of this title OCCURRED for the purpose of the issuance of a citation. A violation of this subsection is a class 1 misdemeanor.
C. E. In addition to any other means authorized by the Arizona rules of civil procedure, alternative service of process must be sent by certified mail with an additional copy by regular mail and a notice must be posted on the front door of the business or residence and, if present and accessible, a residence's garage door. Service of the complaint is complete on filing the mailing receipt and proof of posting in the court having jurisdiction of the violation. Notwithstanding any other law, a person's driving privileges may not be suspended or revoked as a result of a citation that is served by alternative service of process under this subsection.
D. F. If a law enforcement agency issues a citation as a result of a photo enforcement system and serves the citation in a manner other than what is prescribed by section 28‑1593, subsection A, the agency shall inform the person that there is no obligation to identify the driver or respond to the citation. Failure to respond to the citation will result in the probability that the person will be formally served pursuant to state law and the Arizona rules of civil procedure which will likely result in the person being required to pay the cost of the service.
E. G. For the purposes of this section:
1. "Notice of violation" means a notice issued by a photo enforcement company or municipality that is not a uniform traffic ticket or and complaint.
2. "Photo enforcement system" has the same meaning prescribed in section 28‑601.