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ARIZONA STATE SENATE
Fifty-Fourth Legislature, Second Regular Session
AMENDED
racing on highways; assessment; impoundment
Purpose
Establishes the Drag Racing Prevention Enforcement Fund (Fund) consisting of monies collected from a $1,000 fine for violations of racing on highways. Specifies that violations of reckless driving and racing on highways result in the removal and either impoundment or immobilization of the vehicle by a peace officer.
Background
Current statute prohibits a person from driving a vehicle or participating in a race, speed competition or contest or any situation for the purpose of setting a speed record on a street or highway. A person who violates this prohibition is guilty of a class 1 misdemeanor and is required to pay a fine of at least $250. If the person is found guilty of a subsequent violation within 24 months, the person is now guilty of a class 6 felony and is not eligible for probation, pardon, suspension of sentence or release until the person has served at least 10 days in jail and must pay a fine of at least $500. On the first offense, the judge may suspend the person's driver license for a period no longer than 90 days. On the second offense within 24 months, the judge shall revoke the person's driving privileges (A.R.S. § 28-708).
Current statute specifies that a person who drives a vehicle in reckless disregard for the safety of persons or property is guilty of reckless driving, resulting in a class 2 misdemeanor. If the person is found guilty of a subsequent violation within 24 months, the person is now guilty of a class 1 misdemeanor and is not eligible for probation, pardon, suspension of sentence or release until the person has served at least 20 days in jail. The judge may also revoke the person's driving privileges (A.R.S. § 28-693).
A peace officer is currently required to cause the removal and immobilization or impoundment of a vehicle if the person operating the vehicle: 1) has their driving privilege revoked; 2) has never been issued a valid driver license or permit in Arizona or any other jurisdiction; 3) is subject to and is operating a vehicle without a functioning certified ignition interlock device; 4) is furthering the presence of an undocumented immigrant in Arizona or is concealing the detection of an undocumented immigrant; 5) has displayed the vehicle for sale or transfer of ownership with a removed vehicle identification number; or 6) other specified violations (A.R.S. § 28-3511).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires a peace officer to cause the removal and either immobilization or impoundment of a vehicle if the person driving the vehicle is in violation of reckless driving or racing on highways.
2. Specifies that a person who knowingly aids or abets another person in reckless driving is guilty of a class 2 misdemeanor, unless a subsequent violation is committed within 24 months, then the person is guilty of a class 1 misdemeanor.
3. Specifies that a person who knowingly aids or abets another person in racing on streets and highways is guilty of a class 1 misdemeanor.
4. Requires an additional $1,000 penalty assessment to be levied on every fine, penalty and forfeiture imposed by a court for a violation of reckless driving.
5. Requires a court to transmit assessments to the appropriate county, city or town treasurer for further transmittal to the State Treasurer for deposit into the Fund.
6. Establishes the Fund which is to be administered by the Governor's Office of Highway Safety (GOHS).
7. Allows the GOHS to distribute monies from the Fund to local law enforcement agencies to help prevent racing on streets and highways in Arizona.
8. Makes a conforming change.
9. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Specifies the misdemeanor penalties for knowingly aiding and abetting another person participating in reckless driving or racing on streets and highways.
2. Removes the emergency clause.
Senate Action
TPS 2/12/20 DPA 4-2-2
Prepared by Senate Research
February 13, 2020
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