ARIZONA HOUSE OF REPRESENTATIVES

HB 2492: state highway work zones; accidents

PRIME SPONSOR: Representative Bolding, LD 27

BILL STATUS: Public Safety

Transportation

Overview

Applies the same penalties imposed on individuals causing serious physical injury or death by a moving violation to individuals who commit a violation in a state highway work zone, resulting in injury or death.

History

A person is guilty of causing serious physical injury or death by a moving violation if the person violates certain statutorily outlined traffic laws and the violation results in an accident causing serious physical injury or death to another person.

A person who commits a violation is required to attend and successfully complete traffic survival school. In addition, the court may order the person to perform community restitution. The court is required to report a conviction for a violation to the Arizona Department of Transportation. For a first violation, a person's license may be suspended for no more than 180 days if the violation resulted in serious physical injury or no more than a year if the violation resulted in death. For a second violation within a 36-month period, a person's license is suspended for 180 days if the violation resulted in serious physical injury or a year if the violation resulted in death.

Restitution awarded as a result of a violation is prohibited from exceeding $100,000. A prosecution must be commenced within two years after actual discovery of the offense or discovery that should have occurred with the exercise of reasonable diligence, whichever occurs first. A person who commits a violation is guilty of a class 1 misdemeanor (up to 6 months/up to $2,500 plus surcharges)(A.R.S. § 28-672).

A person is prohibited from driving at a speed greater than the speed allowed by traffic control devices in a state highway work zone, whether there are workers present or not. A person who commits a violation when workers are not present is subject to a maximum civil penalty of $250. For a violation when workers are present, the civil penalty is doubled (A.R.S. § 28-710).

Provisions

1. Subjects a person who commits a state highway work zone safety violation that results in serious physical injury or death to the penalties imposed on individuals guilty of causing serious physical injury or death by a moving violation. (Sec. 1)

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

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6. Fifty-fourth Legislature                       HB 2492

7. First Regular Session                            Version 1: Public Safety

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