ARIZONA HOUSE OF REPRESENTATIVES

SB 1110: photo radar; review; penalty

PRIME SPONSOR: Senator Borrelli, LD 5

BILL STATUS: Chaptered

Abstract

Relating to reviewing photo enforcement violations.

Provisions

1. Requires a law enforcement agency to review evidence recorded by photo radar to determine whether a violation occurred before issuing a citation. (Sec. 1)

2. Prohibits a photo enforcement company from determining whether a violation occurred.

a. A violation of this is a Class 1 misdemeanor. (Sec. 1)

3. Makes technical and conforming changes. (Sec. 1)

Current Law

A.R.S. § 28-601 defines a PES; A.R.S. § 28-1602 defines a NOV.

If a person receives a NOV in the mail for a speeding or traffic statute or ordinance that is obtained using a PES, the person does not have to identify who is in the photo or respond to the NOV. The NOV must state:

· The notice is not a court issued document and the recipient is under no obligation to identify the person or respond to the notice; and

· Failure to respond to the notice may result in official service that may result in an additional fee being levied.

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 a garage door. Service of the complaint is complete on filing the mailing receipt and proof of posting the violation in court. Failure to respond to the citation may result in the person being formally served.

A.R.S. § 28-1593 allows a traffic complaint to be served by delivering a copy of the uniform traffic ticket and complaint to the person charged with the violation or by any means authorized by the Arizona Rules of Civil Procedure.

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Fifty-third Legislature                  SB 1110

Second Regular Session                               Version 4: Chaptered

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