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REFERENCE TITLE: failure to pay; suspension; restriction |
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State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024
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SB 1673 |
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Introduced by Senator Gowan
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An Act
amending sections 28-1601 and 28-3308, Arizona Revised Statutes; relating to driving privileges.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-1601, Arizona Revised Statutes, is amended to read:
28-1601. Failure to pay civil penalty; suspension or restriction of driving privilege; collection procedure
A. A person shall pay all civil penalties within thirty days from after an entry of judgment, except that if payment within thirty days will place an undue economic burden on a person, the court may extend the time for payment or may provide for installment payments. If the civil penalty is not paid or an installment payment is not made when due, the court may declare the entire civil penalty, surcharge or assessment due.
B. Notwithstanding subsection A of this section, if a civil penalty is paid on entry of judgment, the court may reduce the civil penalty by up to five percent of the penalty imposed.
C. Notwithstanding subsection A of this section, the court shall not initiate collection procedures on an unpaid civil penalty or notify the department to refuse to renew a vehicle registration for an unpaid civil traffic violation penalties if all of the following apply:
1. The unpaid civil penalty is for a traffic violation for which the final disposition occurs more than thirty-six months before the court initiates collection proceedings.
2. The court does not have a paper or electronic record dated within thirty-six months after the traffic violation occurs indicating that the responsible person was notified that the civil penalty is unpaid and due.
3. The court has not notified either the responsible person or the department about the court's request to the department to refuse to renew the responsible person's vehicle registration pursuant to article 5 of this chapter.
4. The court does not have a record of extending the time for payment of the civil penalty or providing for installment payments.
D. If the court is prohibited from initiating collection procedures on an unpaid civil penalty and from notifying the department to refuse to renew a vehicle registration, pursuant to subsection C of this section, the court shall notify the department and the department shall remove the violation from the person's driving record.
E. With the approval of the supreme court, the presiding judge of any court may periodically conduct a program aimed at reducing the amount of outstanding fines, penalties, assessments and surcharges. Notwithstanding any other law, except a fine ordered as a result of a violation of section 28-1381 or 28-1382, the program may include authorizing up to a fifty percent reduction in the total amount of a court ordered fine, penalty, assessment or surcharge that is due and that is delinquent for at least twelve months followed by an increased enforcement effort for a fine, penalty, assessment or surcharge that is not paid. The supreme court shall adopt rules of procedure for the programs.
F. If penalties are reduced pursuant to subsection E of this section, associated surcharges and assessments shall be reduced in proportion to the reduction. This subsection does not apply to section 12-116.
G. If a person presents reasonable evidence to the court that a civil penalty and any other fees, fines, assessments or surcharges required by the court have been paid, the court shall cease its collection activities for that civil penalty and order the department to immediately rescind its actions related to the court's order or request to refuse to renew the person's vehicle registration pursuant to article 5 of this chapter.
H. Notwithstanding subsections A and C of this section, the court may not notify the department to refuse to renew a vehicle registration for an unpaid civil traffic violation penalties unless the court finds that the person wilfully failed to pay the civil penalty.
Sec. 2. Section 28-3308, Arizona Revised Statutes, is amended to read:
28-3308. Mandatory suspension; failure to appear; failure to pay
On notification by the court that a person failed to appear as directed for a scheduled court appearance after service of a criminal complaint alleging a violation of a provision of this title, the department shall suspend the person's driver license or nonresident operating privilege until the person appears. If the person appears and does not pay the person's fines, surcharges or assessments, on notification by the court the department shall determine whether the failure to pay is wilful and, if so, whether to suspend the person's driving privileges or restrict the person's driving privileges as described in section 28-144 until the fines, surcharges and assessments are paid. If the court determines to suspend or restrict the person's driving privileges, the court shall notify the department to suspend or restrict the person's driving privileges.