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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
AMENDED
vehicle impoundment; exceptions; storage charges
Purpose
Increases, from $15 to $25, the daily storage fee for an immobilized or impounded vehicle. Modifies requirements and exemptions relating to the removal and either immobilization or impoundment of vehicles.
Background
A peace officer is currently required to cause the removal and immobilization or impoundment of a vehicle if the person operating the vehicle: 1) has their driving privilege revoked; 2) has never been issued a valid driver license or permit by Arizona or any other jurisdiction; 3) is subject to and in operation of a vehicle without a functioning certified ignition interlock device; 4) is furthering the presence of an undocumented immigrant in Arizona or is concealing the detection of an undocumented immigrant; or 5) has displayed the vehicle for sale or transfer of ownership with a removed vehicle identification number (A.R.S. § 28-3511).
A peace officer is prohibited from removing and immobilizing or impounding a vehicle if: 1) the spouse of the driver is present at the time of arrest; 2) the spouse has a valid driver license and is not intoxicated by drugs or alcohol; 3) the spouse drives the vehicle from the place of arrest to the driver's home or other place of safety; and 4) the vehicle is registered and the driver meets financial responsibility requirements for insurance (A.R.S. § 28-3511).
If a vehicle is immobilized or impounded, the vehicle shall remain immobilized or impounded for a period of 30 days, except that an impounding agency must release the vehicle before the end of the 30-day period if the registered owner or other relevant party provides necessary information to the impounding agency to allow for the vehicle's release. The storage charge for an immobilized or impounded vehicle is $15 for each day of storage (A.R.S. § 28-3512).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Increases, from $15 to $25, the daily storage fee for an immobilized or impounded vehicle.
2. Decreases, from 30 days to 20 days, the period of time that a vehicle must remain immobilized or impounded.
3. Requires a peace officer to cause the removal and either immobilization or impoundment of a vehicle if the driving privilege of the driver has been suspended for any reason.
4. Exempts a vehicle from being removed and immobilized or impounded if a person's driving privilege is suspended due to a failure to appear in court for, or pay fines related to, any traffic violation.
5. Requires a peace officer to only remove a vehicle, and not immobilize or impound the vehicle, if the driver is arrested for a driving under the influence (DUI) offense.
6. Prohibits a peace officer from removing a vehicle involved in a DUI offense if another person, rather than a spouse, is with the driver at the time of arrest.
7. Specifies that a peace officer who needs to be present at an emergency is not required to remove, immobilize or impound the vehicle of a person whose driving privilege has been revoked or suspended for any reason.
9. Requires an abandoned vehicle report to be submitted to the Director of the Arizona Department of Transportation within five days after the impoundment period, rather than 30 days after a vehicle has been impounded.
10. Makes technical changes.
11. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Specifies that abandoned vehicle reports must be submitted within five days after the impoundment period, rather than after 30 days of impoundment.
2. Makes technical changes.
Amendments Adopted by Committee of the Whole
· Makes a technical change by referencing an appropriate section of statute.
House Action Senate Action
MAPS 2/1/21 DP 13-1-0-0 TAT 3/8/21 DPA 9-0-0
3rd Read 2/23/21 48-11-1
Prepared by Senate Research
March 23, 2021
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