ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

House: PS DP 13-1-0-0

HB 2293: vehicle impoundment; exceptions; storage charges

Sponsor: Representative Payne, LD 21

Caucus & COW

Overview

Modifies current procedures and requirements for the mandatory impoundment of a vehicle in which the driver is arrested.

History

A peace officer is required to remove and either immobilize or impound a vehicle if the peace officer determines that either:

1)   The person driving the vehicle:

a)   Has revoked driving privileges;

b)   Has not been issued a license or permit;

c)   Is subject to an ignition interlock device requirement and the driver is operating the vehicle without a functioning device; or

d)   Is transporting, concealing, harboring or shielding an alien in Arizona if the person knows the alien has come in violation of the law; or

2)   The vehicle is displayed for sale or transfer of ownership with a vehicle identification number that has been destroyed.

Furthermore, if the driver is being arrested and the spouse is present at the time of the driver's arrest, has a valid license and is not intoxicated, the vehicle will not be impounded and the spouse will drive the vehicle to the driver’s home or a place of safety .

If a vehicle has been removed and either immobilized or impounded, it is required to be immobilized or impounded for 30 days. Additionally, an insurance company does not have a duty to pay any benefits for charges or fees for immobilization or impoundment (A.R.S § 28-3511).

If a vehicle is impounded, the storage charges are a contractual agreement between the impounding agency and the towing firm for storage services. The current cost of storage fees is $15 for each day of storage, including any time the vehicle remains in storage after the end of the 30-day impoundment period (A.R.S. § 28-3512).

Provisions

1.   Requires a peace officer to impound a vehicle if a person is found driving on a suspended license, excluding a suspension for a failure to appear in court on an alleged traffic violation. (Sec. 1)

2.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteAllows an unimpaired passenger of the vehicle at the time of the driver's arrest, rather than only a spouse, to notify the officer and drive the vehicle from the place of arrest to the driver's home or another place of safety. (Sec. 1)

3.   Restricts a peace officer to only the removal of a vehicle, rather than the removal and either impoundment or immobilization of a vehicle, if a passenger is in the vehicle with the driver at the time of the arrest and can meet the criteria to drive the vehicle. (Sec. 1)

4.   Exempts a peace officer who needs to be present at an emergency in another location from removing, immobilizing or impounding a vehicle. (Sec. 1)

5.   Decreases the mandatory 30-day impoundment period to a mandatory 20-day impoundment period. (Secs. 1-3)

6.   Increases the daily storage cost from $15 to $25 for the impoundment of a vehicle. (Sec. 2)

7.   Makes technical and conforming changes. (Secs. 1-3)

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11.                    HB 2293

12.  Initials ES/SM       Page 0 Caucus & COW

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