State SealARIZONA HOUSE OF REPRESENTATIVES

 

HB 2522: traffic violations; penalties

PRIME SPONSOR: Representative Syms, LD 28

BILL STATUS: Chaptered

               

Legend: ADOT-Arizona Department of Transportation DUI-driving under the influence Amendments – BOLD and Stricken (Committee)

Abstract

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteRelating 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. (Sec 1)

5.       Increases the cap on restitution from $10,000 to $100,000. (Sec 1)

6.       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).

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

Causing Death by Use of a Vehicle

8.       Expands the offense of causing death by a vehicle to include if the person causes a death while committing any of the outlined violations, if at the time of the accident, the person's license is suspended for failure to provide proof of financial responsibility after receiving a DUI. (Sec 2)

9.       Makes the offense a Class 3 felony (3 ˝ years; up to $150,000 plus surcharges), if the person's license was suspended at the time of the accident due to:

a.       A DUI; or

b.       Failure to provide proof of financial responsibility after a DUI violation.  (Sec 2)

10.   Mandates a consecutive sentence. (Sec 2)

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

12.   Requires ADOT to revoke the person's license, permit or nonresident operating privilege for one year.

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

Causing Serious Physical Injury by Use of a Vehicle

13.   Expands the offense of causing serious physical injury by a vehicle to include causing the injury while committing any of the outlined violations, if at the time of the accident, the person's license is suspended for failure to provide proof of financial responsibility after receiving a DUI. (Sec 3)

14.   Mandates a consecutive sentence. (Sec 3)

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

16.   Requires ADOT to revoke the person's license, permit or nonresident operating privilege for one year.

a.       Does not include any time the person is incarcerated in the one year calculation. (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 ˝ years; up to $150,000 plus surcharges). Causing serious physical injury by use of a vehicle is a Class 5 felony (1 ˝ 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 6: Chaptered

 

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