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ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
impounds; release; owners; spouse; notice
Purpose
Prescribes requirements for an immobilization or impoundment notice (notice).
Background
A peace officer must remove and immobilize or impound a vehicle if: 1) a person is driving a vehicle that has been revoked; 2) there is a lack of a valid driver license or permit; or 3) the person is subject to an ignition interlock device requirement. Following the removal of a vehicle, a law enforcement agency that employs the peace officer who removed the vehicle must enter information regarding the vehicle incident in the Arizona Crime Information Center database within three business days (A.R.S. § 28-3511).
A vehicle must be released by the immobilizing or impounding agency (agency) to the registered owner if the vehicle was: 1) stolen; 2) driven by an employee of a business establishment; 3) removed from the owner who has since obtained and presented valid licensure; or 4) removed from the owner who has since had their driving privileges reinstated. Additionally, a vehicle must be released to any person who is identified as an owner on Arizona Department of Transportation (ADOT) records at the time of immobilization or impoundment, if the vehicle is a commercial motor vehicle, a street sweeper or heavy equipment and the person was not the driver of the vehicle at the time of removal (A.R.S. § 28-3512).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires the agency to prominently display a notice in each of its offices that clearly states the outlined requirements relating to the release of a vehicle to the spouse of a registered owner or any person who is identified as an owner of the vehicle at the time of removal.
2. Reduces, from 3 business days to 24 hours, the length of time in which an agency is required to give written notice of immobilization or impoundment to the owner of the vehicle.
3. Requires a notice to be written and include a statement as to how the owner, the owner's spouse, the owner's agent or a person identified in ADOT's record as having an interest in the vehicle immediately before the immobilization or impoundment may retrieve the vehicle.
4. Becomes effective on the general effective date.
Prepared by Senate Research
February 10, 2022
RA/sr