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REFERENCE TITLE: suspended driver license; display; penalties |
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State of Arizona House of Representatives Fifty-fourth Legislature First Regular Session 2019
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HB 2725 |
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Introduced by Representative Biasiucci
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AN ACT
amending sections 28‑1603 and 28‑3478, Arizona Revised Statutes; relating to driver licenses.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-1603, Arizona Revised Statutes, is amended to read:
28-1603. Civil penalty mitigation
A. Notwithstanding any other law, a judge may mitigate any civil penalty that is required under chapters 3, 5, 7, 8 and 9 of this title if the person who is ordered to pay the penalty demonstrates that the payment would be a hardship on the person or on the person's immediate family.
B. In determining whether to mitigate a civil penalty, the court may consider any relevant information, including any of the following:
1. The civil penalty's impact on the person's ability to pay restitution.
2. Whether the civil penalty would constitute a financial hardship to the person or the person's immediate family.
3. Whether the person receives temporary assistance for needy families pursuant to 42 United States Code section 603 or supplemental nutrition assistance pursuant to 7 United States Code sections 2011 through 2036c.
4. Whether the person receives benefits pursuant to the supplemental security income program (42 United States Code sections 1381 through 1385 1383(f)).
5. Whether the person is legally authorized to be employed and is seeking, obtaining or maintaining employment or is attending school.
C. This section does not apply to the surcharge imposed and collected pursuant to section 16‑954, subsection A.
Sec. 2. Section 28-3478, Arizona Revised Statutes, is amended to read:
28-3478. Unlawful use of license; violation; classification; civil traffic violation
A. It is a class 2 misdemeanor for a person:
1. Except as provided in subsection B of this section, to knowingly display, cause or permit allow to be displayed or have in the person's possession a canceled, revoked, suspended, fictitious or fraudulently altered driver license.
2. To lend the person's driver license to another person or to knowingly permit allow the use of the person's driver license by another person.
3. To knowingly display or represent as the person's own driver license a driver license not issued to the person.
4. In a driver license application to:
(a) Knowingly use a false or fictitious name.
(b) Knowingly make a false statement.
(c) Knowingly conceal a material fact.
(d) Otherwise commit fraud.
5. To permit allow an unlawful use of the person's driver license.
6. To knowingly use a false or fictitious name in an application for a nonoperating identification license or to knowingly falsify other information required by section 28‑3165, make a false statement, conceal a material fact or otherwise commit fraud in an application for a nonoperating identification license.
B. It is a civil traffic violation for a person to knowingly display, CAUSE or allow to be displayed or have in the person's possession a driver license that is suspended pursuant to section 28‑1601 or 28‑3308.