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REFERENCE TITLE: automobile theft authority; watch program |
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State of Arizona Senate Fifty-fourth Legislature First Regular Session 2019
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SB 1303 |
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Introduced by Senator Livingston
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AN ACT
amending Title 41, chapter 31, article 1, Arizona Revised Statutes, by adding section 41-3454; relating to the automobile theft authority.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 41, chapter 31, article 1, Arizona Revised Statutes, is amended by adding section 41-3454, to read:
41-3454. Watch your car program; requirements; program termination
A. The automobile theft authority may establish a watch your car program. The program is a voluntary program in which a vehicle owner may enroll a vehicle with the authority and may allow the authority to inform law enforcement officials that the enrolled vehicle is not usually in use between the hours of 1:00 a.m. to 5:00 a.m. or within one mile of the international border and that the owner gives consent to stop the vehicle.
B. To enroll a vehicle, the vehicle owner shall file an electronic or written voluntary consent form with the authority that gives law enforcement officials consent to stop an enrolled vehicle during the hours and within the area prescribed in subsection A of this section.
C. A law enforcement official may stop an enrolled vehicle and take reasonable steps to determine whether the vehicle is being operated by or with the consent of the owner, even if the law enforcement official has no other basis for believing that the vehicle is being operated unlawfully.
D. The authority shall maintain a database of enrolled vehicles and shall notify the department of transportation of the vehicles enrolled in the program. The department of transportation shall indicate on the enrolled vehicle's registration record that the vehicle is enrolled in the program. The authority shall provide law enforcement officials with copies of all signed consent forms on request.
E. The authority shall issue a highly visible sticker for each enrolled vehicle. The owner shall place the sticker on the rear window of the enrolled vehicle.
F. An enrolled vehicle owner shall:
1. Notify the authority in writing or on the authority's website if the vehicle owner wishes to withdraw the enrolled vehicle from the program.
2. Notify the authority of a transfer of ownership of an enrolled vehicle before the transfer.
3. Remove the sticker from the enrolled vehicle if the vehicle is withdrawn from the program or is transferred.
4. Inform a person to whom the owner has given possession of the enrolled vehicle that the owner has given consent to law enforcement officials to stop the vehicle during the hours and within the area prescribed in subsection A of this section.
G. By enrolling a vehicle in the program, the owner agrees to indemnify and hold harmless any law enforcement official or law enforcement agency against any claim relating to participation in the program.
H. A law enforcement official may stop an enrolled vehicle during the hours and within the area prescribed in subsection A of this section.
I. A law enforcement official shall conduct a vehicle registration check before stopping the vehicle to verify that the vehicle is enrolled in the program.
J. If the law enforcement official verifies that the vehicle is enrolled in the program, the officer shall stop the vehicle and take reasonable steps to determine whether the vehicle is being operated by the owner or with the owner's consent. If the law enforcement official determines that the enrolled vehicle is not being operated by the owner or with the owner's consent, the law enforcement official shall determine if the operator of the vehicle has committed theft of means of transportation or unlawful use of means of transportation.
k. The program established by this section ends on July 1, 2029 pursuant to section 41-3102.