HB2027 - 551R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 28-661, Arizona Revised Statutes, is amended to read:

START_STATUTE28-661. Accidents involving death or physical injuries; failure to stop; violation; classification; driver license revocation; restricted privilege to drive; alcohol or other drug screening

A. The driver of a vehicle involved in an accident on public or private property resulting in injury to or death of a person shall:

1. Immediately stop the vehicle at the scene of the accident or as close to the accident scene as possible but shall immediately return to the accident scene.

2. Remain at the scene of the accident until the driver has fulfilled the requirements of section 28‑663.

B. A driver who is involved in an accident resulting in death or serious physical injury as defined in section 13‑105 and who fails to stop or to comply with the requirements of section 28‑663 is guilty of a class 3 felony, except that if a driver caused the accident the driver is guilty of a class 2 felony.

C. A driver who is involved in an accident resulting in an injury other than death or serious physical injury as defined in section 13‑105 and who fails to stop or to comply with the requirements of section 28‑663 is guilty of a class 5 felony.

D. The sentence imposed on a person for a conviction under this section shall run consecutively to any sentence imposed on the person for other convictions on any other charge related to the accident.

E. The department shall revoke the license or permit to drive and any nonresident operating privilege of a person convicted pursuant to subsection B of this section as follows:

1. For an accident resulting in serious physical injury, five years, not including any time that the person is incarcerated.

2. For an accident resulting in death, ten years, not including any time that the person is incarcerated.

F. Five or more years after the revocation period has begun pursuant to subsection E, paragraph 2 of this section, not including any time that the person is incarcerated, a person may apply to the department for a restricted privilege to drive. The department may issue a restricted privilege to drive as described in section 28-144 if the department finds both of the following:

1. The person is not convicted of any offense involving the operation of a motor vehicle while the person's driving privilege is revoked.

2. The person has paid full restitution as ordered by the court.

G. The department shall revoke the license or permit to drive and any nonresident operating privilege of a person convicted pursuant to subsection C of this section for three years.

H. If the court finds by a preponderance of the evidence that the person's use of intoxicating liquor, any drug listed in section 13‑3401, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances was a contributing factor to the accident, the court shall order the person to complete alcohol or other drug screening. END_STATUTE

Sec. 2. Section 28-662, Arizona Revised Statutes, is amended to read:

START_STATUTE28-662. Accidents involving damage to vehicle; failure to stop; violation; classification; driver license suspension; alcohol or other drug screening

A. The driver of a vehicle involved in an accident on public or private property resulting only in damage to a vehicle that is driven or attended by a person shall:

1. Immediately stop the vehicle at the scene of the accident or as close to the accident scene as possible but shall immediately return to the accident scene.

2. Remain at the scene of the accident until the driver has fulfilled the requirements of section 28‑663.

3. Make the stop without obstructing traffic more than is necessary.

B. A person failing to stop or comply with this section is guilty of a class 2 1 misdemeanor.

C. A court may order the department to suspend the license or permit to drive and any nonresident operating privilege of a person convicted under this section for one year. If reasonable suspicion exists to believe that the person's use of intoxicating liquor, any drug listed in section 13‑3401, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances was a contributing factor to the accident, the department may require the person to complete alcohol or other drug screening as a condition of license reinstatement. END_STATUTE

Sec. 3. Section 28-663, Arizona Revised Statutes, is amended to read:

START_STATUTE28-663. Duty to give information and assistance; violation; classification; alcohol or other drug screening

A. The driver of a vehicle involved in an accident on public or private property resulting in injury to or death of a person or damage to a vehicle that is driven or attended by a person shall:

1. Give the driver's name and address and the registration number of the vehicle the driver is driving.

2. On request, exhibit the person's driver license to the person struck or the driver or occupants of or person attending a vehicle collided with.

3. Render reasonable assistance to a person injured in the accident, including making arrangements for the carrying of the person to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that treatment is necessary or if the carrying is requested by the injured person.

B. A person who fails to comply with subsection A, paragraph 1 or 2 of this section is guilty of a class 3 1 misdemeanor.

C. A person who fails to comply with subsection A, paragraph 3 of this section is guilty of a class 6 felony. If the court finds by a preponderance of the evidence that the person's use of intoxicating liquor, any drug listed in section 13‑3401, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances was a contributing factor to the accident, the court shall order the person to complete alcohol or other drug screening. END_STATUTE

Sec. 4. Section 28-664, Arizona Revised Statutes, is amended to read:

START_STATUTE28-664. Duty on striking unattended vehicle; violation; classification

A. The driver of a vehicle that collides with a vehicle that is unattended on public or private property shall immediately:

1. Stop.

2. Either:

(a) Locate and notify the operator or owner of the vehicle of the name and address of the driver and owner of the vehicle striking the unattended vehicle.

(b) In a conspicuous place in the vehicle struck, leave a written notice giving the name and address of the driver and of the owner of the vehicle doing the striking.

B. A person who violates this section is guilty of a class 3 1 misdemeanor. END_STATUTE

Sec. 5. Section 28-665, Arizona Revised Statutes, is amended to read:

START_STATUTE28-665. Striking fixtures on a highway; violation; classification

A. The driver of a vehicle involved in an accident resulting only in damage to fixtures or other property legally on or adjacent to a highway shall:

1. Take reasonable steps to locate and notify the owner or person in charge of the property of:

(a) The fact of the accident.

(b) The driver's name and address.

2. On request, exhibit the driver's driver license.

B. A person who violates this section is guilty of a class 3 1 misdemeanor. END_STATUTE