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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
leaving accident scene; private property
Purpose
Specifies that certain requirements relating to stopping at the scene of a vehicular accident apply whether the accident occurs on public or private property. Increases penalties for failing to comply with outlined requirements.
Background
The driver of a vehicle involved in an accident resulting in the injury or death of a person is required to immediately stop the vehicle at the scene of the accident and remain at the scene until the driver has fulfilled the duty to provide information and assistance. Failing to stop at the scene of an accident resulting in serious injury or death is: 1) a class 3 felony; 2) a class 2 felony if the driver caused the accident; or 3) if an accident results in an injury other than death or serious injury, a class 5 felony (A.R.S. § 28-661).
Violations involving
failure to provide information and assistance after an accident, striking
unattended vehicles or striking highway fixtures are a class 3 misdemeanor
(A.R.S.
§§ 28-663;
28-664;
and 28-665).
Failure to stop at the scene of an accident involving only damage to a vehicle
is a class 2 misdemeanor (A.R.S.
§ 28-662).
Penalties for misdemeanor offenses include: 1) for a class 3 misdemeanor, a maximum jail sentence of 30 days and a maximum $500 fine; 2) for a class 2 misdemeanor, a maximum jail sentence of four months and a maximum $750 fine; and 3) for a class 1 misdemeanor, a maximum jail sentence of six months and maximum $2,500 fine (A.R.S. §§ 13-707 and 13-802).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Specifies that if a driver is involved in an accident, the duty of the driver to stop at the scene of the accident and provide specified information applies regardless of whether the accident occurs on public or private property.
2. Increases, from a class 3 misdemeanor to a class 1 misdemeanor, the penalty for a driver failing to:
a) provide specified information to persons involved in an accident;
b) stop and provide proper notice to the owner of an unattended vehicle that has been struck; and
c) take reasonable steps to notify, or provide a driver license to, the owner of a highway fixture that has been struck.
3. Increases, from a class 2 misdemeanor to a class 1 misdemeanor, the penalty for a driver failing to stop and provide specified information after an accident involving only damage to a vehicle.
4. Becomes effective on the general effective date.
House Action
JUD 1/27/21 DP 10-0-0-0
3rd Read 2/4/21 56-1-2-0-1
3rd Read* 2/9/21 51-8-0-0-1
*on reconsideration
Prepared by Senate Research
March 18, 2021
ZD/kja