ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature First Regular Session
	Senate: HHS DP 7-0-0-0 | 3^rd Read DP 28-0-2-0-0 House: JUD DPA/SE 5-3-0-0-0-0

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SB 1088: Good Samaritan; drug overdose; extension

S/E: identification; traffic violations

Sponsor: Senator Kern, LD 27

House Engrossed

Overview

Makes it a class 3 misdemeanor for a person other than a driver of a motor vehicle to refuse to provide the person's true full name and date of birth to a peace officer or traffic enforcement agent on request under certain circumstances.   

History

Current statute makes it a class 2 misdemeanor offense for the operator of a motor vehicle who knowingly fails or refuses to bring his or her motor vehicle to a stop after being given a visual or audible signal or instruction by a peace officer or authorized traffic enforcement agent. It is also class 2 misdemeanor offense for the operator of a motor vehicle who stops as required above to fail or refuse to either exhibit the operator's driver license or, if the driver is not licensed, to fail or refuse to provide evidence of the driver's identity upon request. For purposes of this requirement, the statute requires that the driver's evidence of identity include the following information:

1) The driver's full name;

2) The driver's date of birth;

3) The driver's residence address;

4) A brief physical description of the driver, including the driver's sex, weight, height and eye and hair color; and

5) The driver's signature.

Statute also makes it a class 2 misdemeanor offense for a person other than the driver of a motor vehicle who fails or refuses to provide evidence of the person's identity to a peace officer or traffic enforcement agent on request, if the officer or agent has reasonable cause to believe that the person has committed a violation of A.R.S. Title 28 (A.R.S. § 28-1595).

Provisions

1. Clarifies that a person other than a driver of a motor vehicle is criminally liable for refusing to provide the person's true full name and date of birth to a peace officer or authorized traffic enforcement agent on request if the following circumstances are present:

a) The officer or agent has reasonable cause to believe that the person has committed a Title 28 violation; and

b) The person has been advised that the person's refusal to answer is unlawful. (Sec. 1)

2. Decreases the misdemeanor sentencing classification for a person's refusal to provide the information noted above from class 2 to class 3. (Sec. 1)

3. Prohibits a person other than the driver of a motor vehicle from being compelled to answer any other inquiry of a peace officer or authorized agent. (Sec. 1)

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7.                   SB 1088

8. Initials JL   Page 0 House Engrossed

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