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ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
DUI information; annual report; ACJC
Purpose
Effective January 1, 2023, requires the Arizona Criminal Justice Commission (ACJC) to submit an annual report relating to driving under the influence (DUI) information to specified entities and outlines report requirements.
Background
ACJC is designated as the central collection point for criminal justice data collection and may require, unless prohibited by federal or state law, any state or local criminal justice agency to submit any necessary information that is currently collected and readily reportable by the agency at the time of the request (A.R.S. § 41-2408). Criminal justice agency means either: 1) any court with criminal or equivalent jurisdiction; or 2) a government agency that is authorized to perform the administration of criminal justice and that allocates more than 50 percent of the agency's annual budget to the administration of criminal justice (A.R.S. § 41-1750).
It is unlawful for a person to drive or be in physical control of a vehicle in Arizona if the person: 1) is under the influence of intoxicating liquor, any drug or a vapor releasing substance containing a toxic substance if the person is impaired to the slightest degree; 2) has an alcohol concentration of at least 0.08 within two hours of driving or being in control of the vehicle; 3) has any statutorily defined drug or its metabolite in the person's body; or 4) has an alcohol concentration of at least 0.04 and the vehicle is a commercial motor vehicle that requires a person to obtain a commercial driver license (A.R.S. § 28-1381).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires ACJC to submit an annual report relating to DUI information (report) to the Governor, the Speaker of the House of Representatives and the President of the Senate and provide a copy of the report to the Secretary of State.
2. Requires ACJC to remove all confidential information from generated reports.
3. Requires the report to contain the previous year's:
a) number of DUI citations issued;
b) number of criminal charges that resulted from DUI violations;
c) list of the substances that were involved in all DUI violations;
d) number of DUI violations that involved victims, including death, serious bodily injury, property damage and the number of victims; and
e) the number of convictions in the previous year for DUI violations in Arizona and each county.
4. Requires the list of substances that were involved in all DUI violations to include a breakdown into the categories of:
a) central nervous system depressants;
b) central nervous system stimulants;
c) hallucinogens;
d) dissociative anesthetics;
e) narcotic analgesics;
f) inhalants; and
g) cannabis.
5. Requires the list of substances that were involved in all DUI violations to be organized by:
a) violations involving alcohol only;
b) violations involving delta-9-tetrahydrocannabinol or its isomers or impairing chemical derivatives only;
c) violations involving single drugs only, listed by drug; and
d) violations involving polydrugs, listed by polydrug combinations.
6. Requires the list of DUI convictions in Arizona and in each county, if the conviction resulted from a blood test, to include:
a) a list of the drugs identified;
b) for alcohol, a histogram of the blood alcohol content, including mean and median values;
c) for tetrahydrocannabinol, a histogram of blood tetrahydrocannabinol;
d) the report by the laboratory that did the testing and the medium of the testing, such as whole blood, plasma, urine and oral fluids; and
e) the time that elapsed between the incident that required the taking of a biological sample for testing and drawing the biological sample, noting if a warrant was required to collect the sample.
7. Requires ACJC to obtain the information in the report from the courts, forensic toxicology laboratories, law enforcement agencies and the Arizona Department of Transportation.
8. Requires the courts to provide ACJC with:
a) case identifier information, including the person's name, date of birth and date of citation;
b) event information, including the law enforcement agency involved, the agency case number, filing dates and the date and time of the event;
c) demographic information;
d) all charges filed for each case;
e) whether the citation resulted in death or serious bodily injury; and
f) court findings and sentences.
9. Requires toxicology laboratories to provide ACJC:
a) case identifier information, including the person's name, date of birth and date of citation;
b) collection information and time of collection; and
c) screening and confirmatory laboratory values of each drug confirmed.
10. Requires law enforcement agencies to provide ACJC:
a) case identifier information, including the person's name, date of birth and date of citation;
b) law enforcement agency information, including the name of the law enforcement agency involved, the name of the law enforcement officer who issued the citation and the case identifier; and
c) evidentiary breath test results.
11. Becomes effective on January 1, 2023.
House Action
JUD 2/16/22 DPA 9-0-0-1
3rd Read 2/24/22 59-0-1
Prepared by Senate Research
March 15, 2022
ZD/HW/sr