Be it resolved by the Senate of the State of Arizona, the House
of Representatives concurring:
1. Under the power of the referendum, as vested in
the Legislature, the following measure, relating to photo enforcement systems,
is enacted to become valid as a law if approved by the voters and on proclamation
of the Governor:
an act
repealing sections 28‑1202,
28‑1203, 28‑1204 and 28‑1205, Arizona Revised Statutes;
amending title 28, chapter 3, article 21, Arizona Revised Statutes, by adding a
new section 28‑1202; amending section 28‑1593, Arizona Revised
Statutes; repealing section 28‑1602, Arizona Revised Statutes; relating
to photo enforcement.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Repeal
Sections 28-1202,
28-1203, 28-1204 and 28-1205, Arizona Revised Statutes, are
repealed.
Sec. 2. Title 28, chapter 3, article 21,
Arizona Revised Statutes, is amended by adding a new section 28-1202, to read:
START_STATUTE28-1202. Photo enforcement system; prohibition
A photo enforcement
system shall not be used by a local authority or any agency of this state to
identify violators of article 3 or 6 of this chapter. END_STATUTE
Sec. 3. Section 28-1593, Arizona Revised Statutes,
is amended to read:
START_STATUTE28-1593. Service of uniform traffic ticket and
complaint
A. A traffic complaint may be served by delivering a
copy of the uniform traffic ticket and complaint to the person charged with the
violation or by any means authorized by the rules of civil
procedure. At the discretion of the issuing authority, a complaint
for a violation issued after an investigation in conjunction with a traffic
accident may be sent by certified mail, return receipt requested and delivered
to addressee only, to the address provided by the person charged with the
violation. Service of the complaint is complete on filing the
receipt in the court having jurisdiction of the violation.
B. The original complaint shall be filed in a court
having jurisdiction of the violation within ten court days of the time the
complaint was issued. A peace officer, or duly authorized agent or
someone paid to act on behalf of a traffic enforcement agency, may issue the
traffic complaint.
C. If a law
enforcement agency issues a citation as a result of a photo enforcement system
and serves the citation in a manner other than what is prescribed by subsection
A of this section, the agency shall inform the person that there is no
obligation to identify the driver or respond to the citation. Failure to
respond to the citation will result in the probability that the person will be
formally served pursuant to state law and the Arizona rules of civil procedure
which will likely result in the person being required to pay the cost of the
service. END_STATUTE
Sec. 4. Repeal
Section 28-1602,
Arizona Revised Statutes, is repealed.
2. The Secretary of State shall submit this proposition
to the voters at the next general election as provided by article IV, part 1,
section 1, Constitution of Arizona.
