Assigned to TRANSIT AS PASSED BY CONFERENCE COMMITTEE
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
AMENDED
Purpose
Modifies classifications and penalties for moving traffic violations resulting in serious physical injury or death of another person.
Background
A person commits causing serious physical injury or death by a moving violation if, while committing 1 of 10 outlined moving traffic violations, the person causes serious injury or death to another person (A.R.S. § 28-672). If the offense occurs by a person who does not hold the driver license or endorsement required to operate the motor vehicle or while the person's driving privileges are either suspended for certain reasons or revoked for any reason, the person commits causing serious injury by use of a motor vehicle or causing death by use of a motor vehicle (A.R.S. §§ 28-675 and 28-676).
An offense constitutes causing serious physical injury or death by a moving violation, causing serious injury by use of a motor vehicle, or causing death by use of a motor vehicle, if the serious injury or death occurs while a person commits any of the following violations:
1) failure to bring a vehicle to a complete stop at a steady red traffic signal until an indication to proceed is shown (A.R.S. § 28-645 A3(a));
2) failure to drive a vehicle in the appropriate lane on a roadway with clearly marked lanes for traffic (A.R.S. § 28-729);
3) failure to yield the right-of-way to a vehicle on the right when two vehicles approach an intersection at approximately the same time (A.R.S. § 28-771);
4) failure to yield the right-of-way when making a left turn (A.R.S. § 28-772);
5) failure to bring the vehicle to a complete stop at a stop sign (A.R.S. § 28-773);
6) failure to yield the right-of-way to a pedestrian at a crosswalk (A.R.S. § 28-792);
7) failure to exercise due care, give warning when necessary or exercise proper precaution when the driver observes specified persons on a roadway (A.R.S. § 28-794);
8) proceeding at a speed greater than 15 miles per hour, passing another vehicle in a school zone or failure to bring a vehicle to a stop when children are in a crosswalk (A.R.S. § 28‑797 F; G; H; or I);
9) failure to bring the vehicle to a stop at a stop line or at the nearest point of the intersection before entering a crosswalk (A.R.S. § 28-855 B); or
10) failure to stop before a stationary school bus displaying a signal or flashing lights or proceeding before the school bus has resumed motion (A.R.S. § 28‑857 A).
The penalty for causing serious injury or death by a moving violation is a class 3 misdemeanor. The person must also attend and successfully compete traffic survival school, have their driver license suspended for 90 to 180 days, depending on the offense, and complete any court-ordered community or financial restitution. The penalty for causing serious injury by use of a motor vehicle is a class 5 felony and the penalty for causing death by use of a motor vehicle is a class 4 felony (A.R.S. §§ 28-672; 28-675; and 28-676).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Increases, from a class 3 misdemeanor to a class 1 misdemeanor, the criminal penalty for causing serious injury or death by a moving violation.
2. Increases, from a class 4 felony to a class 3 felony, the criminal penalty for causing death by use of a vehicle for offenses where the person's driver license is suspended for a driving under the influence (DUI) violation or for failure to maintain proof of future financial responsibility required for driver license reinstatement following a DUI violation.
3. Includes driver license suspension for failure to comply with the requirement that the driver maintain proof of future financial responsibility in qualification that a violation is classified as causing serious physical injury by use of a vehicle or causing death by use of a vehicle for a person whose driver license is suspended for a driving-under-the-influence conviction.
4. Increases the driver license suspension periods for the following:
a) for the first conviction of causing serious physical injury by a moving violation, from not more than 90 to not more than 180 days;
b) for a subsequent conviction of causing serious physical injury by a moving violation, from 90 days to 180 days;
c) for the first conviction of causing death by a moving violation, from not more than 180 days to not more than 1 year; and
d) for a subsequent conviction of causing death by a moving violation, from 180 days to 1 year.
5. Directs ADOT to revoke the driver license or permit and any nonresident operating privilege for 1 year for causing death by use of a vehicle or causing serious injury by use of a vehicle.
6. Stipulates driver license suspension penalties for subsequent violations of causing serious physical injury or death by a moving violation run consecutively, rather than concurrently.
7. Removes the maximum restitution awarded for a violation causing serious physical injury or death by a moving violation.
8. Stipulates that the sentence imposed for causing death by use of a vehicle runs consecutively to any sentence related to the accident.
9. Requires restitution to be awarded as a result of causing death by use of a vehicle.
10. Makes conforming changes.
11. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Increases, from a class 4 to a class 3 felony, the penalty for causing death by use of a vehicle.
Amendments Adopted by Committee of the Whole
1. Implements a $100,000 cap on restitution for causing serious injury or death by a moving violation.
2. Adds a qualifying factor for causing serious injury by use of a vehicle or causing death by use of a vehicle for a person whose driver license is suspended for noncompliance with proof of future financial responsibility requirement.
3. Limits the class 3 felony penalty for causing death by use of a vehicle to violations where the driver’s driver license was suspended for a DUI violation or for noncompliance with proof of future financial responsibility requirement following a DUI violation.
4. Makes conforming changes.
Amendments Adopted by Conference Committee
1. Replaces the requirement that ADOT suspend a person's driver license for causing serious injury by use of a vehicle or causing death by use of a vehicle for 5 or 10 years, respectively, with the requirement that a person's driver license be suspended for 1 year for either offense.
2. Makes conforming changes.
House Action Senate Action
JPS 2/14/18 DP 8-1-0-0 TRANSIT 3/6/18 DPA 6-1-0
3rd Read 2/20/18 54-5-1 3rd Read 3/29/18 27-3-0
Prepared by Senate Research
April 12, 2018
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