ARIZONA HOUSE OF REPRESENTATIVES

HB 2522: traffic violations; penalties
PRIME SPONSOR: Representative Syms, LD 28 BILL STATUS: Caucus & COW                 JPS: DP 8-1-0-0

Abstract

Relating to penalties for vehicle violations involving serious physical injury or death.

Provisions

Causing Serious Physical Injury or Death by Moving Violation

1. Allows the court to suspend a person's driving privilege for up to 180 days, instead of up to 90 days, for a:

a. First violation resulting in serious physical injury; or

b. A second or subsequent violation within three years, if the violation results in serious physical injury. (Sec 1)

2. Allows the court to suspend a person's driving privilege for up to one year, instead of up to 180 days, for a:

a. First violation resulting in death; or

b. A second or subsequent violation within three years, if the violation results in death. (Sec 1)

3. Requires any license suspension to run consecutively. (Sec 1)

4. Requires the court to award restitution and removes the $10,000 cap on restitution. (Sec 1)

5. Increases the penalty from a Class 3 misdemeanor (up to 30 days, up to $500 plus surcharges) to a Class 1 misdemeanor (up to 6 months, up to $2,500 plus surcharges).

6. Removes the maximum fine of $1,000 for causing a death. (Sec 1)

Causing Death by Use of a Vehicle

7. Expands the offense of causing death by a vehicle to include if the person commits any of the outlined violations while the person's license is suspended for failure to comply with ADOT-prescribed insurance requirements. (Sec 2)

8. Mandates a consecutive sentence. (Sec 2)

9. Requires the court to award restitution. (Sec 2)

10. Requires ADOT to revoke the person's license, permit or nonresident operating privilege for 10 years.

a. Does not include any time the person is incarcerated in the 10-year calculation. (Sec 2)

11. Allows the person to apply for a restricted license after five years of revocation. Outlines conditions for ADOT to issue a restricted license.

a. Time spent incarcerated does not count towards the five-year minimum wait period.

Causing Serious Physical Injury by Use of a Vehicle

12. Expands the offense of causing serious physical injury by use of a vehicle to include if the person commits any of the outlined violations while the person's license is suspended for failure to comply with ADOT-prescribed insurance requirements. (Sec 3)

13. Mandates a consecutive sentence. (Sec 3)

14. Requires the court to award restitution. (Sec 3)

15. Requires ADOT to revoke the person's license, permit or nonresident operating privilege for five years.

a. Does not include any time the person is incarcerated in the five-year calculation. (Sec 3)

16. Allows the person to apply for a restricted license after three years of revocation. Outlines conditions for ADOT to issue a restricted license.

a. Time spent incarcerated does not count towards the three-year minimum wait period. (Sec 3)

17. Makes conforming changes. (Sec 2)

Current Law

A.R.S. § 28-672 outlines penalties for causing serious physical injury or death while committing any of the enumerated moving violations.  A prosecution must begin within two years of the discovery of the offense; a violation is a Class 3 misdemeanor.  In addition to the criminal penalty, a person's license may be suspended for up to 90 days for causing serious physical injury or up to 180 days for causing death. Victim restitution may also be awarded, in an amount not to exceed $10,000.

Separate statutes contain the offenses of causing death by use of a vehicle (A.R.S. § 28-675) and causing serious physical injury by use of a vehicle (A.R.S. § 28-676). These statutes contain the same moving violations as A.R.S. § 28-672, but the offense is based on causing serious physical injury or death while committing the moving violation and the person is not permitted to operate a vehicle (due to a suspended or revoked license, fictitious license or no license).  Causing death by use of a vehicle is a Class 4 felony (2 ½ years; up to $150,000 plus surcharges). Causing serious physical injury by use of a vehicle is a Class 5 felony (1 ½ years; up to $150,000 plus surcharges).  Serious physical injury is defined in A.R.S. § 13-105.

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Fifty-third Legislature                  HB 2522

Second Regular Session                               Version 2: Caucus & COW

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