ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

 

HB 2348: failure; return vehicle; offense; repeal

Sponsor:  Representative Hernandez D, LD 2

Committee on Judiciary

Overview

Repeals the penalty and requirements for unlawful failure to return a motor vehicle.

History

Laws 1998, Ch. 289 created a class 6 felony for failing to return a motor vehicle subject to a security interest if certain conditions are met. Specifically, the owner of the vehicle must be at least 90 days past-due on payments, must be notified by certified mail, and must fail to cure the default within 30 days. The owner of the vehicle must also knowingly fail to return the vehicle to the secured creditor or prevent the secured creditor from possessing the vehicle.

There are also requirements for the contents of a contract creating a security interest in a motor vehicle that outline the penalty for unlawful failure to return a motor vehicle.

Finally, a vehicle that is subject to this penalty is classified as a stolen vehicle (A.R.S. § 13-1813).

A security interest is an interest in personal property that secures payment of the obligation (A.R.S. § 47-1201).

Provisions

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteRepeals the class 6 felony and requirements associated with unlawful failure to return a motor vehicle subject to a security interest. (Sec. 1)

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5.                     HB 2348

6.   Initials LC/AF        Page 0 Judiciary

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