ARIZONA HOUSE OF REPRESENTATIVES

HB 2169: driving violations; restricted licenses; penalties

PRIME SPONSOR: Representative Boyer, LD 20

BILL STATUS: House Engrossed

Abstract

Relating to penalties for driving violations.

Provisions

Suspension or Restriction of Driving Privileges

1. Outlines permitted travel for a restricted driver license or permit resulting from a conviction of a violation of statute and conforms travel restrictions for a person: (Sec. 2)

a. Whose noncommercial driver license has been restricted because of willful failure to pay child support; (Sec.1)

b. Applying for a restricted license after the revocation period for leaving the scene of an accident that resulted in death or serious physical injury; (Sec. 3)

c. Subject to administrative license suspension and restriction for a DUI, homicide or assault involving a motor vehicle; (Sec. 4)

d. With a special ignition interlock restricted driver license; and (Sec. 6)

e. Convicted of driving under a suspended license before January 1, 2011, who is applying for a restricted license. (Sec. 12)

2. Exempts a CDL holder from the permitted travel for a person whose driver license or permit has been restricted because of a conviction for a traffic violation. (Sec. 2)

3. Adds the option to restrict a person's driving privilege:

a. For failure to pay a civil penalty; (Sec. 7)

b. Until the fines, surcharges and assessments from a criminal traffic violation are paid, if the person appears in court; and (Sec. 9)

c. For the first offense of failure to produce evidence of financial responsibility for a motor vehicle, if ADOT verifies the person is back in compliance. (Sec. 14)

4. Limits mandatory license suspension for failure to appear to criminal complaints. (Sec. 9)

5. Allows the court to dismiss the charge of driving under a suspended license if:

a. The suspension was because of failure to pay civil penalties or failure to appear; and

b. The person presents evidence of the reinstatement of unrestricted driving privilege. (Sec. 12)

6. Reduces the classification for driving under a suspended license from a Class 1 misdemeanor (6 months/$2,500 plus surcharges) to a civil traffic violation if the suspension was because of failure to pay civil penalties or failure to appear. (Sec. 12)

7. Reduces the classification for violating a license restriction from a Class 2 misdemeanor (4 months/$750 plus surcharges) to a civil traffic violation if the restriction is a corrective lens requirement. (Sec. 11)

8. Limits which persons convicted of driving on a suspended license may apply for a one-year restricted license, to a person who:

a. Was convicted of driving on a suspended license before January 1, 2011;

b. Completes all the court-ordered sentence requirements;

c. Satisfies all suspension periods imposed on the person's driving privilege; and

d. Pays the applicable reinstatement fee. (Sec. 12)

Fines, Penalties, Surcharges & Assessments

9. Authorizes the court to mitigate a required court-ordered civil penalty if the offender demonstrates that the payment would be a hardship on the offender or the offender's immediate family.

a. Exempts the 10% Clean Elections Surcharge from the civil penalties that may be mitigated. (Sec. 8)

10. Permits the court to consider any relevant information when deciding whether to mitigate a civil penalty, including:

a. The civil penalty's impact on the offender's ability to pay restitution;

b. If the civil penalty would constitute a financial hardship to the offender or the offender's immediate family;

c. If the offender receives TANF, SNAP, or SSI benefits;

d. If the offender is legally authorized to be employed and is seeking, obtaining or maintaining employment; and

e. If the offender is attending school. (Sec. 8)

11. Expands the scope of judicial programs aimed at reducing outstanding fines, penalties and surcharges to include outstanding assessments. (Sec. 7)

Miscellaneous

12. Removes the requirement that a peace officer remove and immobilize or impound a vehicle upon a determination that the operator's driving privilege is suspended. (Sec. 13)

13. Repeals the requirement that ADOT suspend the registration and license plates for failure to produce evidence of financial responsibility for the motor vehicle. (Sec. 14)

14. Allows a court to order alternative sanctions to community restitution for a repeat DUI offender upon a determination that education, treatment or other alternative sanctions are more appropriate. (Sec. 4)

15. Contains an applicability clause. (Sec. 16)

16. Contains an effective date of January 1, 2019. (Sec. 15)

17. Makes technical and conforming changes. (Sec. 1, 4 -7, 9-10)

Current Law

ADOT is required to suspend a person's driver license or nonresident operating privilege upon notification that the person failed to appear for a scheduled court appearance until the person appears, the fine or civil penalty is paid or a bond is forfeited (A.R.S. § 28-3308).

ADOT is required to suspend a person's driver license as well as the registration and license plates of the motor vehicle involved for a person found guilty of failure to produce evidence of financial responsibility (A.R.S. § 28-4135).

Driving in violation of a license restriction is a Class 2 misdemeanor (4 months/$750 plus surcharges) (A.R.S. § 28-3480).

Driving while a person's privilege to drive is suspended, revoked, canceled or refused or when the person is disqualified from driving is guilty of a Class 1 misdemeanor (6 months/$2,500 plus surcharges). On receipt of a record of conviction for driving on a suspended license, ADOT is required to notify the person if he or she is eligible for a restricted privilege to drive. On application, ADOT is required to issue a restricted license that is valid for one year if the person has completed all sentence requirements imposed by the court, satisfied all suspension periods and paid the reinstatement fee (A.R.S. § 28-3473).

A restriction on a person's driver license or permit to drive limits the person's driving privileges to travel for specified purposes. The permitted travel is prescribed according to the offense for which the person's drive license or permit was restricted (see table below).

Permitted Travel:	Failure to Pay Child Support	Leaving the Scene of an Accident Resulting in Death or Serious Injury	Administrative License Suspension and Restriction	Ignition Interlock Restricted Driver License	Driving on a Suspended License
Work	Yes	Yes	Yes	Yes	Yes
School	Yes	Yes	Yes	Yes	Yes
Health Professional	Yes	Yes	-	Yes	Yes
Screening, Education or Treatment Facility	Yes	Yes	Yes	Yes	Yes
Probation Office	-	Yes	Yes	Yes	Yes
Ignition Interlock Device Service Facility	-	Yes	-	Yes	Yes
Designated Location for Parenting Time	Yes	-	-	-	-
Dependent's Work, School or Medical Appointment	-	-	-	-	-

A presiding judge may periodically conduct a program aimed at reducing the amount of outstanding fines, penalties and surcharges, with approval of the Supreme Court. The program may authorize up to a 50% reduction in the total amount of an eligible court-ordered fine, penalty or surcharge (A.R.S. § 28-1601).

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Fifty-third Legislature                  HB 2169

Second Regular Session                               Version 3: House Engrossed

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