First Regular Session H.B. 2296
PROPOSED
SENATE AMENDMENTS TO H.B. 2296
(Reference to House engrossed bill)
Page 1, line 29, after "driver's" insert "or dependent person's"
Line 39, after "surrender" strike remainder of line
Strike line 40
Page 2, line 11, after "section" insert "28-694,"
Line 21, strike "revoke" insert "suspend"; after "person" insert "for one year"
Line 38, strike "revocation" insert "suspension"
Line 39, strike "revoked" insert "suspended"
Line 40, after "section" strike remainder of line
Strike lines 41 and 42, insert "may apply to the department for a restricted driver license that allows the person to operate a motor vehicle during the period of suspension subject to the restrictions described in section 28-144."
Page 3, strike line 4
Line 5, strike "license;"
Line 38, strike "revoke" insert "suspend"
Page 4, line 2, strike "revocation" insert "suspension"
Line 3, strike "revoked" insert "suspended"
Line 4, after "section" strike remainder of line
Strike lines 5 and 6, insert "may apply to the department for a restricted driver license that allows the person to operate a motor vehicle during the period of suspension subject to the restrictions described in section 28-144."
Line 12, after the semicolon strike remainder of line
Line 13, strike "driver license;"
Page 5, line 4, strike "revoke" insert "suspend"
Line 5, after "person" insert "for one year"
Line 13, strike "revocation" insert "suspension"
Line 14, strike "revoked" insert "suspended"
Line 15, after "section" strike remainder of line
Strike lines 16 and 17, insert "may apply to the department for a restricted driver license that allows the person to operate a motor vehicle during the period of suspension subject to the restrictions described in section 28-144."
Strike lines 29 through 45
Strike pages 6 through 9
Renumber to conform
Page 10, line 15, after "a" insert "test of the person's"; strike "or" insert a comma; strike "alcohol test" insert ", urine or other bodily substance that is"
Line 43, after "C." strike remainder of line
Line 44, strike "section" insert "If a breath test is administered"; strike "officer" insert "agency"; after "report" insert "that is required by subsection A of this section"
Line 45, strike the third "the"
Page 11, strike lines 1 through 12, insert "a sample of blood, urine or other bodily substance is obtained, the law enforcement agency shall forward the certified report that is required by subsection A of this section to the department within thirty days after the date the report of the analysis is provided to the law enforcement agency. If a report is not forwarded to the department within the time limit prescribed by this subsection, the report is inadmissible in a hearing held pursuant to this section unless the violation listed in subsection A of this section resulted in a death or serious physical injury. For the purposes of this subsection "serious physical injury" has the same meaning prescribed in section 13-105."
Page 17, line 37, strike "28-693, 38-695, 28-708,"
Page 18, strike lines 4 through 28, insert:
"Sec. 8. Section 28-3304, Arizona Revised Statutes, is amended to read:
28-3304. Mandatory revocation of license; definition
A. In addition to the grounds for mandatory revocation provided for in chapters 3, 4 and 5 of this title, the department shall immediately revoke the license of a driver on receipt of a record of the driver's conviction of any of the following offenses if the conviction is final:
1. A homicide or aggravated assault resulting from the operation of a motor vehicle.
2. A felony in the commission of which a motor vehicle is used.
3. Theft of a motor vehicle pursuant to section 13-1802.
4. Unlawful use of means of transportation pursuant to section 13-1803.
5. Theft of means of transportation pursuant to section 13-1814.
6. Drive by shooting pursuant to section 13-1209.
7. Failure to stop and render aid as required under the laws of this state if a motor vehicle accident results in the death or personal injury of another.
8. Perjury or the making of a false affidavit or statement under oath to the department under this chapter or under any other law relating to the ownership or operation of a motor vehicle.
9. Conviction or forfeiture of bail not vacated on a second or subsequent charge of the following offenses that are committed within eighty-four months:
(a) Reckless driving.
(b) Racing on highways.
(c) Any combination of a violation of section 28-1381 or 28-1382 and reckless driving, of a violation of section 28-1381 or 28-1382 and racing on highways, or of reckless driving and racing on highways, if they do not arise out of the same event.
10. 9. Conviction or forfeiture of bail not vacated on a second charge of violating section 28-1381 or 28-1382 within eighty-four months.
11. 10. Conviction or forfeiture of bail not vacated on a third or subsequent charge of violating section 28-1381 or 28-1382 within eighty-four months.
12. 11. Conviction or forfeiture of bail not vacated on a charge of violating section 28-1381 or 28-1382 and the driver has been convicted within a period of eighty-four months of an offense in another jurisdiction that if committed in this state would be a violation of section 28-1381 or 28-1382.
B. In determining the starting date for the eighty-four month period prescribed in subsection A, paragraphs 9, 10, and 11 and 12 of this section, the department shall use the date of the commission of the offense.
C. For the purposes of this section, "conviction" means a final adjudication or judgment, including an order of a juvenile court finding that a juvenile violated any provision of this title or committed a delinquent act that if committed by an adult would constitute a criminal offense.
Sec. 9. Section 28-3315, Arizona Revised Statutes, is amended to read:
28-3315. Period of suspension, revocation or disqualification; unlicensed drivers; definitions
A. The department shall not suspend, revoke or disqualify a driver license or privilege to drive a motor vehicle on the public highways for more than one year from the date of a conviction or judgment, if any, against a person for which this chapter makes revocation, suspension or disqualification mandatory or from the date the notice is sent pursuant to section 28-3318 if no conviction was involved, except as permitted under subsection E of this section and sections 28-3312, 28-3319 and 28-3320.
B. A person whose license or privilege to drive a motor vehicle on the public highways has been revoked may apply for reinstatement of the person's license as provided by law after the cause of the revocation is removed or after expiration of the revocation period prescribed by law. The department may reinstate the person's driver license after the department reviews an applicant's driving record in this state or another state or other sufficient evidence to determine that:
1. All withdrawal actions are complete.
2. The applicant has not been convicted of or found responsible for any traffic violations within twelve months preceding application.
3. All other statutory requirements are satisfied.
C. The department shall not accept an application for reinstatement of a driver license until after the twelve month period prescribed in subsection B of this section has elapsed.
D. If the department reinstates a person's driver license or driving privilege for a revocation that is related to alcohol or other drugs, the department may accept an evaluation that was performed within the previous twelve months from a physician, a psychologist, a physician assistant, a registered nurse practitioner or a substance abuse counselor indicating that, in the opinion of the physician, psychologist, physician assistant, registered nurse practitioner or substance abuse counselor, the condition does not affect or impair the person's ability to safely operate a motor vehicle. For the purposes of reinstating a license or driving privilege pursuant to this article, the department may rely on the opinion of a physician, a psychologist, a physician assistant, a registered nurse practitioner or a substance abuse counselor.
E. Notwithstanding subsections A and B of this section:
1. A person whose license or privilege to drive is revoked pursuant to section 28-3304, subsection A, paragraph 1 or 11 10 is not entitled to have the person's license or privilege renewed or restored for three years.
2. A person whose license or privilege to drive is revoked pursuant to section 13-1209 is not entitled to have the person's license or privilege renewed or restored for the period of time ordered by the court.
3. If a license, permit or privilege to drive is revoked pursuant to section 28-661, subsection E the license, permit or privilege may not be renewed or restored except as prescribed by section 28-661, subsections E and F.
4. A person whose license, permit or privilege to drive is revoked pursuant to section 28-661, subsection G is not entitled to have the person's license, permit or privilege renewed or restored for three years.
F. If an unlicensed driver commits an offense for which a driver license could be suspended, revoked or disqualified, the department shall not accept the unlicensed driver's application for a driver license for a period equal to the period of time that applies to a driver with a license. If the offense is one for which a driver license could be revoked, the department shall not accept the unlicensed driver's application for a driver license unless it the application includes an evaluation from a physician, psychologist, physician assistant, registered nurse practitioner or substance abuse counselor on the habits and driving ability of the person and that the evaluator is satisfied that it is safe to grant the privilege of driving a motor vehicle on the public highways.
G. The expiration of a person's license during the period of time it is under suspension, revocation or disqualification does not invalidate or terminate the suspension, revocation or disqualification.
H. A person whose license or privilege to drive a motor vehicle on the public highways has been suspended pursuant to section 28-3306, subsection A, paragraph 5 or section 28-3314 may apply for a new license as provided by law after the cause for suspension is removed or after expiration of the suspension period prescribed by law if both of the following conditions are met:
1. The department is satisfied, after reviewing the medical condition and driving ability of the person, that it is safe to grant the person the privilege of driving a motor vehicle on the public highways.
2. If the person has a medical condition related to alcohol or other drugs, the department may accept an evaluation form from a physician, a psychologist, a physician assistant, a registered nurse practitioner or a substance abuse counselor indicating that, in the opinion of the physician, psychologist, physician assistant, registered nurse practitioner or substance abuse counselor, the condition does not affect or impair the person's ability to operate a motor vehicle in a safe manner.
I. For the purposes of this section:
1. "Physician" means a physician who is licensed pursuant to title 32, chapter 13, 17 or 29.
2. "Physician assistant" means a physician assistant who is licensed pursuant to title 32, chapter 25.
3. "Psychologist" means a psychologist who is licensed pursuant to title 32, chapter 19.1.
4. "Registered nurse practitioner" means a registered nurse practitioner who is licensed pursuant to title 32, chapter 15.
5. "Substance abuse counselor" has the same meaning prescribed in section 28-3005."
Amend title to conform