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ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
state highway work zones; accidents
Purpose
Applies penalties related to causing serious physical injury or death by a moving violation to individuals who commit a speeding violation in a state highway work zone that results in serious physical injury or death.
Background
Current statute states that a person is guilty of causing serious physical injury or death from 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 results in serious physical injury or no more than a year if the violation results in death. For a second violation within a 36-month period, a person's license is suspended for 180 days if the violation results in serious physical injury or a year if the violation results in death.
Restitution awarded as a result of a violation is must not exceed $100,000. A prosecution must be commenced within two years after actual discovery of the offense or discovery that should occurr with the exercise of reasonable diligence, whichever occurs first. A person who commits a violation is guilty of a class 1 misdemeanor which carries up to a six-month jail sentence and up to a $2,500 penalty 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).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Applies penalties related to causing serious physical injury or death by a moving violation to individuals who commit a speeding violation in a state highway work zone that results in serious physical injury or death.
2. States that this legislation may be cited as the Jarvis K. Crenshaw Act.
3. Makes technical and conforming changes.
4. Becomes effective on the general effective date.
House Action
PS 2/20/19 DP 7-0-0-0
TRANS 2/20/19 DP 6-0-0-1
3rd Read 3/4/19 59-0-1
Prepared by Senate Research
March 25, 2019
ZD/HB/gs