ARIZONA HOUSE OF REPRESENTATIVES Fifty-fourth Legislature Second Regular Session

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HB 2303: mandatory vehicle impoundment; exception

Sponsor:  Representative Kern, LD 20

Committee on Public Safety

Overview

Requires a peace officer to immobilize or impound a vehicle of a person driving with a suspended driving privilege.

History

Current law requires a peace officer to cause the removal and either immobilize or impound a vehicle if the operator:

1) Has their driving privileges revoked;

2) Has not ever been issued a valid driver's license;

3) Is operating a vehicle without a functioning ignition interlock device when required to;

4) Is knowingly or recklessly transporting, moving, or attempting to transport or move an illegal alien; or

5) Is knowingly or recklessly concealing, harboring or shielding or attempting to conceal, harbor or shield an illegal alien from detection in a vehicle (A.R.S. 28-3511).

A person is required to pay all civil penalties within 30 days from entry of judgment. If it is not paid or an installment payment is not made when due, the court is required to notify the Department of Transportation and the department must promptly suspend the person's driving privilege or the person's application or privilege to apply for a driving privilege until the civil penalty is paid (A.R.S § 28-1601).

Provisions

1. Requires a peace officer to cause the removal and either immobilize or impound a vehicle if the operator is driving with a suspended driving privilege, except if the privileges are suspended for failure to:

a) Pay a portion of or the entirety of a civil penalty when due; or

b) Appear in court for a transportation violation. (Sec. 1)

2. Exempts a peace officer who needs to be immediately present at an emergency from immobilizing or impounding a vehicle if the emergency is not in the same location as the vehicle. (Sec. 1)

3. Defines emergency. (Sec. 1)

4. Contains conforming changes. (Sec 1)

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8.                   HB 2303

9. Initials ES/BM       Page 0 Public Safety

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