HB2161 - 532R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 28-693, Arizona Revised Statutes, is amended to read:

START_STATUTE28-693. Reckless driving; violation; classification; license; surrender; special ignition interlock restricted driver license

A. A person who drives a vehicle in reckless disregard for the safety of persons or property is guilty of reckless driving.

B. A person convicted of reckless driving is guilty of a class 2 misdemeanor.

C. In addition, the judge may require the surrender to a police officer of any driver license of the convicted person, shall report the conviction to the department and may order the driving privileges of the person to be suspended for a period of not more than ninety days. On receipt of the abstract of conviction and order, the department shall suspend the driving privilege of the person for the period of time ordered by the judge.

D. If a person who is convicted of a violation of this section has been previously convicted of a violation of this section, section 13‑1102 or section 13‑1103, subsection A, paragraph 1, in the driving of a vehicle, or section 28‑708, 28‑1381, 28‑1382 or 28‑1383 within a period of twenty‑four months:

1. The person is guilty of a class 1 misdemeanor.

2. The person is not eligible for probation, pardon, suspension of sentence or release on any basis until the person has served not less than twenty days in jail.

3. The judge may require the surrender to a police officer of any driver license of the person and shall immediately forward the abstract of conviction to the department.

4. On receipt of the abstract of conviction, the department shall revoke the driving privilege of the person.

E. In applying the twenty‑four month period provision of subsection D of this section, the dates of the commission of the offense shall be the determining factor, irrespective of the sequence in which the offenses were committed. A second or subsequent violation for which a conviction occurs as provided in this section does not include a conviction for an offense arising out of the same series of acts.

F. On pronouncement of a jail sentence under this section, and after the court receives confirmation that the person is employed or is a student, the court may provide in the sentence that if the defendant is employed or is a student the defendant can continue employment or schooling for not more than twelve hours per day nor more than five days per week. The defendant shall spend the remaining days or parts of days in jail until the sentence is served and shall be allowed out of jail only long enough to complete the defendant's actual hours of employment or schooling.

G. After completing not less than forty‑five consecutive days of the period of revocation required by subsection D, paragraph 4 of this section, a person whose driving privilege is revoked pursuant to this section may apply to the department for a special ignition interlock restricted driver license pursuant to section 28‑1401. Unless the certified ignition interlock period is extended by the department pursuant to section 28‑1461, a person who is issued a special ignition interlock restricted driver license as provided in this subsection shall maintain a functioning certified ignition interlock device in compliance with chapter 4 of this title during the remaining period of the revocation prescribed by this section.END_STATUTE

Sec. 2. Section 28-695, Arizona Revised Statutes, is amended to read:

START_STATUTE28-695. Aggressive driving; violation; classification; special ignition interlock restricted driver license; definition

A. A person commits aggressive driving if both of the following occur:

1. During a course of conduct the person commits a violation of either section 28‑701, subsection A or section 28‑701.02 and at least two of the following violations:

(a) Failure to obey traffic control devices as provided in section 28‑644.

(b) Overtaking and passing another vehicle on the right by driving off the pavement or main traveled portion of the roadway as provided in section 28‑724.

(d) Following a vehicle too closely as provided in section 28‑730.

(e) Failure to yield the right‑of‑way as provided in article 9 of this chapter.

2. The person's driving is an immediate hazard to another person or vehicle.

B. A person convicted of aggressive driving is guilty of a class 1 misdemeanor.

C. In addition to any other penalty prescribed by law:

1. A person convicted of a violation of this section shall attend and successfully complete approved traffic survival school educational sessions that are designed to improve the safety and habits of drivers and that are approved by the department.

2. The court shall forward the abstract of conviction to the department and may order the department to suspend the person's driving privilege for thirty days.

D. If a person who is convicted of a violation of this section has been previously convicted of a violation of this section within a period of twenty‑four months:

1. The person is guilty of a class 1 misdemeanor.

2. In addition to any other penalty prescribed by law, the court shall forward the abstract of conviction to the department. On receipt of the abstract of conviction, the department shall revoke the driving privilege of the person for one year.

E. The dates of the commission of the offense determine whether subsection D of this section applies. A second or subsequent violation for which a conviction occurs as provided in this section does not include a conviction for an offense arising out of the same series of acts.

F. After completing not less than forty‑five consecutive days of the period of revocation required by subsection D, paragraph 2 of this section, a person whose driving privilege is revoked pursuant to this section may apply to the department for a special ignition interlock restricted driver license pursuant to section 28‑1401. Unless the certified ignition interlock period is extended by the department pursuant to section 28‑1461, a person who is issued a special ignition interlock restricted driver license as provided in this subsection shall maintain a functioning certified ignition interlock device in compliance with chapter 4 of this title during the remaining period of the revocation prescribed by this section.END_STATUTE

F. G. For the purposes of this section "course of conduct" means a series of acts committed during a single, continuous period of driving. END_STATUTE

Sec. 3. Section 28-708, Arizona Revised Statutes, is amended to read:

START_STATUTE28-708. Racing on highways; violation; classification; exception; special ignition interlock restricted driver license; definitions

A. A person shall not drive a vehicle or participate in any manner in a race, speed competition or contest, drag race or acceleration contest, test of physical endurance or exhibition of speed or acceleration or for the purpose of making a speed record on a street or highway.

B. A person who violates this section is guilty of a class 1 misdemeanor. If a person is convicted of a second or subsequent violation of this section within twenty‑four months of after a first conviction, the person is guilty of a class 6 felony and is not eligible for probation, pardon, suspension of sentence or release on any other basis until the person has served not less than ten days in jail or prison.

C. A person who is convicted of a first violation of this section shall pay a fine of not less than two hundred fifty dollars and may be ordered by the court to perform community restitution.

D. A person who is convicted of a subsequent violation of this section shall pay a fine of not less than five hundred dollars and may be ordered by the court to perform community restitution.

E. On pronouncement of a jail sentence under this section and in cases of extreme hardship, the court may provide in the sentence that if the defendant is employed or attending school and can continue employment or school the defendant may continue the employment or school for not more than twelve hours per day nor more than five days per week, and the defendant shall spend the remaining days or parts of days in jail until the sentence is served. The court may allow the defendant to be out of jail only long enough to complete the defendant's actual hours of employment or school.

F. If a person is convicted of violating this section, the judge may require the surrender to a police officer of any driver license of the person and immediately forward the abstract of conviction to the department. On a first conviction, the judge may order the suspension of the driving privileges of the person for a period of not more than ninety days. In the case of a first conviction and on receipt of the abstract of conviction and order of the court, the department shall suspend the driving privileges of the person for the period of time ordered by the judge. In the case of a second or subsequent conviction for an offense committed within a period of twenty‑four months and on receipt of the abstract of conviction, the department shall revoke the driving privileges of the person.

G. The director may authorize in writing an organized and properly controlled event to utilize use a highway or part of a highway even though it is prohibited by this section. The authorization shall specify the time of the event, the highway or part of a highway to be utilized used and any special conditions the director may require for the particular event.

H. After completing not less than forty‑five consecutive days of the period of revocation required by subsection F of this section, a person whose driving privilege is revoked pursuant to this section may apply to the department for a special ignition interlock restricted driver license pursuant to section 28‑1401. Unless the certified ignition interlock period is extended by the department pursuant to section 28‑1461, a person who is issued a special ignition interlock restricted driver license as provided in this subsection shall maintain a functioning certified ignition interlock device in compliance with chapter 4 of this title during the remaining period of the revocation prescribed by this section.

H. I. For the purposes of this section:

1. "Drag race" means either:

(a) The operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other.

(b) The operation of one or more vehicles over a common selected course and from the same point for the purpose of comparing the relative speeds or power of acceleration of the vehicle or vehicles within a certain distance or time limit.

2. "Racing" means the use of one or more vehicles in an attempt to outgain or outdistance another vehicle or prevent another vehicle from passing. END_STATUTE

Sec. 4. Section 28-1401, Arizona Revised Statutes, is amended to read:

START_STATUTE28-1401. Special ignition interlock restricted driver licenses; application fee

A. A person whose class D or class G license has been suspended pursuant to section 28‑1385, or suspended or revoked for a first refusal pursuant to section 28‑1321, a second violation of section 28‑1381 or 28‑1382 or a first violation of section 28‑1383, subsection A, paragraph 3 or revoked pursuant to section 28‑693, 28‑695 or 28‑708 may apply to the department for a special ignition interlock restricted driver license that allows a person to operate a motor vehicle during the period of suspension or revocation subject to the restrictions prescribed in section 28‑1402 and the certified ignition interlock device requirements prescribed in article 5 of this chapter if the person's privilege to operate a motor vehicle has been suspended or revoked due to an alcohol related offense pursuant to any of the following:

1. Section 28‑693, if the person meets the criteria of section 28‑693, subsection G.

2. Section 28‑695, if the person meets the criteria of section 28‑695, subsection F.

3. Section 28‑708, if the person meets the criteria of section 28‑708, subsection H.

1. 4. Section 28‑1321, if the person meets the criteria of section 28‑1321, subsection P.

2. 5. Section 28‑1381, if the person meets the criteria of section 28‑1381, subsection O and the person presents evidence that is satisfactory to the director and that shows that the person has completed the requirements prescribed in section 28‑1387, subsection B.

3. 6. Section 28‑1382, if the person meets the criteria of section 28‑1382, subsection H and the person presents evidence that is satisfactory to the director and that shows that the person has completed the requirements prescribed in section 28‑1387, subsection B.

4. 7. Section 28‑1383, if the person meets the criteria of section 28‑1383, subsection K and the person presents evidence that is satisfactory to the director and that shows that the person has completed the requirements prescribed in section 28‑1387, subsection B.

5. 8. Section 28‑1385, if the person meets the criteria of section 28‑1385, subsection G.

B. An applicant for a special ignition interlock restricted driver license shall pay an application fee in an amount to be determined by the director.

C. The department shall issue a special ignition interlock restricted driver license during the period of a court ordered restriction pursuant to sections 28‑3320 and 28‑3322 subject to the restrictions prescribed in section 28‑1402 and the certified ignition interlock requirements prescribed in article 5 of this chapter.

D. If the department issues a special ignition interlock restricted driver license, the department shall not delete a suspension or revocation from its records.

E. The granting of a special ignition interlock restricted driver license does not reduce or eliminate the required use of an ignition interlock device pursuant to section 28‑3319.

Sec. 5. Section 28-1402, Arizona Revised Statutes, is amended to read:

START_STATUTE28-1402. Issuance of special ignition interlock restricted driver license; restrictions

A. On application pursuant to section 28‑1401, subsection A the department may, and pursuant to section 28‑1401, subsection C the department shall, issue a special ignition interlock restricted driver license that only allows a person whose class D or class G license has been suspended pursuant to section 28-1385, or suspended or revoked for a first refusal pursuant to section 28‑1321, a second violation of section 28-1381 or 28-1382 or a first violation of section 28‑1383, subsection A, paragraph 3 or revoked pursuant to section 28‑693, 28‑695 or 28‑708 to operate a motor vehicle that is equipped with a functioning certified ignition interlock device and only as follows:

1. Between the person's place of employment and residence during specified periods of time while at employment.

2. Between the person's place of residence, the person's place of employment and the person's secondary or postsecondary school according to the person's employment or educational schedule.

3. Between the person's place of residence and a screening, education or treatment facility for scheduled appointments.

4. Between the person's place of residence and the office of the person's probation officer for scheduled appointments.

5. Between the person's place of residence and the office of a physician or other health care professional.

6. Between the person's place of residence and a certified ignition interlock device service facility.

B. The department may only issue a special ignition interlock restricted driver license to an applicant who is otherwise qualified by law.

C. Except as provided in section 28‑1463, if the department suspends, revokes, cancels or otherwise rescinds a person's special ignition interlock restricted license or privilege for any reason, the department shall not issue a new license or reinstate the special ignition interlock restricted driver license during the prescribed period of suspension or revocation or while the person is otherwise ineligible to receive a license. END_STATUTE