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ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
motor vehicle accidents; restricted license
Purpose
Requires a court to direct the Arizona Department of Transportation (ADOT) to suspend or restrict a person's driving privilege for a first violation of causing serious physical injury or death by a moving violation.
Background
A person commits causing serious physical injury or death by a moving violation if the person causes serious injury or death to another person while committing any of the outlined moving traffic violations. For a first violation, a court may direct ADOT to suspend the person's driving privilege for: 1) up to 180 days if the violation results in serious physical injury; and 2) no more than one year if the violation results in death. Serious physical injury includes physical injury that creates a reasonable risk of death, or that causes serious and permanent disfigurement, serious impairment of health or loss or protracted impairment of the function of any bodily organ or limb (A.R.S. § 13-105). Statute classifies causing serious injury or death by a moving violation as a class 1 misdemeanor. The penalty for a class 1 misdemeanor is up to six months in jail and a fine up to $2,500 (A.R.S. §§ 13-707 and 13-802). Additionally, the person must attend and successfully compete traffic survival school and complete any court-ordered community or financial restitution (A.R.S. § 28-672).
Statute prohibits a person from operating a motor vehicle on a public highway if the person's privilege to drive a motor vehicle is suspended (A.R.S. § 28-3473). A person with a restricted license may drive between the person's: 1) residence and place of employment; 2) place of employment and school; 3) residence, place of employment or school and a healthcare professional's office; 4) residence, place of employment or school and the probation officer's office; 5) residence, place of employment or school and a certified ignition interlock device service facility; 6) residence and a location designated for parenting time; or 7) residence and a dependent person's employment, school or medical appointment (A.R.S. § 28-144).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires, rather than allows, a court to direct ADOT to suspend or restrict a person's driving privilege for the person's first violation of causing serious physical injury or death by a moving violation for:
a) at least 90 days and not more than 180 days if the violation results in serious physical injury; and
b) at least 180 days and not more than one year if the violation results in death.
2. Makes technical and conforming changes.
3. Becomes effective on the general effective date.
House Action
JUD 2/20/19 DP 9-0-0-1
3rd Read 2/27/19 59-1-0
Prepared by Senate Research
March 19, 2019
JA/AB/kja