ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

House: TI DP 6-1-0-0

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

HB 2728: DUI; alternative treatment

Sponsor: Representative Martinez, LD 16

House Engrossed

Overview

Permits the court to order a person convicted of driving under the influence (DUI), at the person's option, to participate in a religious program approved by the court. Adds evidence-based psychotherapy (psychotherapy) as a valid form of alternative treatment requirement that the court can order a person convicted of DUI to complete.

History

A person convicted of DUI must:

1)   Be sentenced to serve not less than 10 consecutive days in jail and is not eligible for probation or suspension of execution of sentence unless the entire sentence is served;

2)   Pay a fine of not less than $250;

3)   May be ordered by a court to perform community restitution;

4)   Pay an additional assessment of $500 to be deposited by the State Treasurer in the Prison Construction and Operations Fund;

5)   Pay an additional assessment of $500 to be deposited by the State Treasurer in the Public Safety Equipment Fund;

6)   Be required by the Arizona Department of Transportation (ADOT), if the violation involved intoxicating liquor, on report of the conviction, to equip any motor vehicle the person operates with a certified ignition interlock device. The court may order the person to equip any motor vehicle the person operates with a certified ignition interlock device for more than 12 months beginning on the date the person successfully completes the alcohol or other drug screening, education, or treatment program requirements and the person is otherwise eligible to reinstate the person's driver license or driving privilege; and

7)   Must be required by ADOT to attend and successfully complete an approved traffic survival school course.

At the time of sentencing the judge may suspend all but one day of the sentence if the person completes a court-ordered alcohol or drug screening, education or treatment program.  If the person fails to complete the court-ordered alcohol or drug screening, education or treatment program and has not been placed on probation, the court must issue an order to show cause to the defendant as to why the remaining jail sentence should not be served (A.R.S. 28-1381).

Provisions

1.   Permits the court to order a person convicted of DUI to participate in a religious program, at the person's option, that is approved by the court. (Sec. 1)

2.   Allows an approved religious program to be considered by the court as an alternative to other requirements for the person convicted of DUI. (Sec. 1)

3.   Mandates that the person convicted of DUI's participation in a program must be voluntary. (Sec. 1)

4.   States that the purpose of the religious program may not include an effort to coerce the person convicted of DUI to adopt or change any religious affiliation or beliefs. (Sec. 1)

5.   Allows a judge to suspend all but one day of the sentence if the person convicted of DUI completes a court-ordered evidence-based psychotherapy. (Sec. 1)

6.   Requires the court to issue an order to show cause to the defendant as to why the remaining jail sentence should not be served if the person convicted of DUI fails to complete the psychotherapy requirement and has not been placed on probation. (Sec. 1)

7.   Allows the court to order the person convicted of DUI to equip any motor vehicle the person operates with a certified ignition interlock device for more than 12 months beginning on the date the person successfully completes the psychotherapy requirement and the person is otherwise eligible to reinstate the person's driver license or driving privilege. (Sec 1)

8.   States that, if within a period of 84 months a person is convicted of a second DUI violation, the court may order the person to equip any motor vehicle the person operates with a certified ignition interlock device for more than 12 months beginning on the date the person successfully completes a psychotherapy requirement and the person is otherwise eligible to reinstate the person's driver license or driving privilege. (Sec. 1)

9.   Defines evidence-based psychotherapy as psychotherapy services that are offered by a psychologist who is licensed and who integrates the best available scientific research with clinical expertise based on the context of the patient's characteristics, culture and preferences. (Sec. 1)

10.  Makes technical changes. (Sec. 1)

11.   

12.   

13.  ---------- DOCUMENT FOOTER ---------

14.                    HB 2728

15.  Initials LM/KL    Page 0 House Engrossed

16.   

17.  ---------- DOCUMENT FOOTER ---------