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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
failure; return vehicle; offense; repeal
Purpose
Repeals the offense of unlawful failure to return a motor vehicle subject to a security interest.
Background
A person commits the offense of unlawful failure to return a motor vehicle subject to a security interest if: 1) the person fails to make a payment on a lien for more than 90 days; 2) the secured creditor notifies the owner in writing, by certified mail return receipt requested, that the owner is 90 days late in making a payment and is in default; 3) the owner fails to cure the default within 30 days; and 4) with the intent to hinder or prevent enforcement of the security interest, the owner knowingly fails to either: a) return the motor vehicle to the secured creditor; or b) allow the secured creditor to take possession of the vehicle. Unlawful failure to return a motor vehicle subject to a property interest is a class 6 felony (A.R.S. § 13-1813).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Repeals the offense of unlawful failure to return a motor vehicle subject to a security interest.
2. Becomes effective on the general effective date.
House Action
JUD 2/17/21 DP 8-0-0-0
3rd Read 2/24/21 59-0-1
Prepared by Senate Research
March 9, 2021
JA/gs