Reference Title: driving regulations; conforming legislation

AN ACT
AMENDING SECTIONS 8-322, 8-323, 8-348, 8-349 AND 28-672, ARIZONA REVISED STATUTES; AMENDING TITLE 28, CHAPTER 3, ARTICLE 4, ARIZONA REVISED STATUTES, BY ADDING SECTION 28-673; AMENDING SECTIONS 28-1321, 28-1381, 28-1382, 28-1383, 28-1387, 28-1388, 28-3001, 28-3153, 28-3303, 28-3304, 28-3306, 28-3315, 28-3320, 28-3473, 36-425.03, 36-883.02, 36-897.03, 36-3008, 41-1758.03, 41-1964, 41-2814, 46-141 AND 46-321, ARIZONA REVISED STATUTES; RELATING TO DRIVING REGULATIONS.

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 8-322, Arizona Revised Statutes, is amended effective from and after June 30, 1999, to read:

8-322 . Juvenile probation services fund; program and contract requirements

A. The juvenile probation services fund is established. The supreme court shall administer the fund. Monies in the juvenile probation services fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

B. The supreme court shall allocate monies in the fund or appropriated to the superior court's juvenile probation services fund line based on its determination of the need for and probable effectiveness of each plan submitted pursuant to this article. The supreme court shall require that the presiding juvenile court judge submit in accordance with rules of the supreme court a plan for the expenditure of monies allocated to the juvenile court pursuant to this section. The supreme court may reject a plan or a modification of a plan submitted pursuant to this subsection.

C. Monies shall be used to fund programs, the participation in which a juvenile probation officer or community based alternative program administered by the juvenile court has required as a condition of diversion pursuant to section 8-321. Monies shall also be used to fund programs to reduce the number of repetitive juvenile offenders and to provide services for juveniles on probation, including treatment, testing, independent living programs and residential, foster and shelter care, for children referred to the juvenile court for incorrigibility or delinquency offenses. Monies may be used to provide the cost of care for persons under the age of twenty-one who were placed in an independent living program or in foster care before the age of eighteen, who voluntarily remain in such care and who are currently enrolled in and regularly attending any high school or certificate of equivalency program. Pursuant to section 8-341, subsection P, monies may also be used to provide services for persons who are under twenty-one years of age and who voluntarily participate in treatment. Except pursuant to section 8-341, subsection P, the cost of care shall not be continued for a person who has received a high school diploma or certificate of equivalency. These services shall be approved by the supreme court. The juvenile court may develop and staff such programs, or the supreme court may enter into the purchase of service contracts with community youth serving agencies.

D. Monies appropriated to the fund for the purchase of detention facilities may be used by the administrative office of the courts to expand existing detention centers or to contract with private and public entities to expand or operate secure care facilities.

E. All monies distributed or expended from the fund shall be used to supplement, not supplant, funding to the juvenile court by the county.

F. The supreme court shall contract for a periodic evaluation to determine if the provisions of this article reduce the number of repetitive juvenile offenders. The supreme court shall send a copy of the evaluation to the speaker of the house of representatives, the president of the senate and the governor.

G. A contract entered into between the supreme court or the county attorney and any contract provider to provide services pursuant to section 8-321 or this section to juveniles shall provide that, as a condition of employment, personnel who are employed by any contract provider, whether paid or not, and who are required or allowed to provide services directly to juveniles shall have valid class one or class two fingerprint clearance cards issued pursuant to title 41, chapter 12, article 3.1 or shall apply for a class one or class two fingerprint clearance card within seven working days of employment.

H. The contractor shall assume the costs of fingerprint checks and may charge these costs to its fingerprinted personnel.

I. A service contract or license with any contract provider that involves the employment of persons who have contact with juveniles shall provide that the contract or license may be canceled or terminated immediately if a person certifies pursuant to subsections L and M of this section that the person is awaiting trial on or has been convicted of any of the offenses listed in subsections L and M of this section in this state or of acts committed in another state JURISDICTION that would be offenses in this state or if the person does not possess or is denied issuance of a valid fingerprint clearance card.

J. A contract provider may avoid cancellation or termination of the contract or license under subsection I of this section if a person who does not possess or has been denied issuance of a valid fingerprint clearance card or who certifies pursuant to subsections L and M of this section that the person has been convicted of or is awaiting trial on any of the offenses listed in subsection L, paragraphs 1, 2, 3, 6, 7, 9, 15 through 18 and 21 of this section is immediately prohibited from employment or service with the licensee or contract provider in any capacity requiring or allowing contact with juveniles.

K. A contract provider may avoid cancellation or termination of the contract or license under subsection I of this section if a person who does not possess or has been denied issuance of a valid fingerprint clearance card or who certifies pursuant to subsections L and M of this section that the person has been convicted of or is awaiting trial on any of the offenses listed in subsection L, paragraphs 4, 5, 8, 10 through 14, 19, 20, 22 and 23 of this section is immediately prohibited from employment or service with the licensee or contract provider in any capacity requiring or allowing the person to provide direct services to juveniles without direct visual supervision unless the person is granted a good cause exception pursuant to section 41-619.55.

L. Personnel who are employed by any contract provider, whether paid or not, and who are required or allowed to provide services directly to juveniles shall certify on forms provided by the contracting agency and notarized whether they are awaiting trial on or have ever been convicted of any of the following criminal offenses in this state or similar offenses in another state or jurisdiction:

1. Sexual abuse of a minor.

2. Incest.

3. First or second degree murder.

4. Kidnapping.

5. Arson.

6. Sexual assault.

7. Sexual exploitation of a minor.

8. Felony offenses involving contributing to the delinquency of a minor.

9. Commercial sexual exploitation of a minor.

10. Felony offenses involving sale, distribution or transportation of, offer to sell, transport or distribute or conspiracy to sell, transport or distribute marijuana, dangerous drugs or narcotic drugs.

11. Felony offenses involving the possession or use of marijuana, dangerous drugs or narcotic drugs.

12. Burglary.

13. Aggravated or armed robbery.

14. Robbery.

15. A dangerous crime against children as defined in section 13-604.01.

16. Child abuse.

17. Sexual conduct with a minor.

18. Molestation of a child.

19. Manslaughter.

20. Assault or aggravated assault.

21. Exploitation of minors involving drug offenses.

22. Driving under the influence of intoxicating liquor or drugs as prescribed in section 28-1381 or aggravated driving under the influence of intoxicating liquor or drugs as prescribed in section 28-1383.

22. A VIOLATION OF SECTION 28-1381, 28-1382 OR 28-1383.

23. Offenses involving domestic violence.

M. Personnel who are employed by any contract provider, whether paid or not, and who are required or allowed to provide services directly to juveniles shall certify on forms provided by the contracting agency and notarized whether they have ever committed any act of sexual abuse of a child, including sexual exploitation and commercial sexual exploitation, or any act of child abuse.

N. Federally recognized Indian tribes or military bases may submit and the supreme court shall accept certifications that state that no personnel who are employed or who will be employed during the contract term and who provide services directly to juveniles have been convicted of, have admitted committing or are awaiting trial on any offense under subsection L of this section.

O. Adult clients of a contract provider who are receiving treatment services are exempt from the requirements of this section, unless they provide services directly to juveniles without supervision.

P. Volunteers who provide services to juveniles under the direct visual supervision of the contractor's or licensee's employees are exempt from the fingerprinting requirements of this section.

Sec. 2. Section 8-323, Arizona Revised Statutes, is amended to read:

8-323 . Juvenile hearing officer; appointment; term; compensation; hearings

A. The judge of the juvenile court, or in counties having more than one judge of the juvenile court, the presiding judge of the juvenile court, may appoint one or more persons of suitable experience who may be magistrates or justices of the peace to serve as juvenile hearing officers on a full-time or part-time basis. The county board of supervisors shall approve the appointment of justices of the peace as juvenile hearing officers. The local governing body shall approve the appointment of municipal judges as juvenile hearing officers. The juvenile hearing officer serves at the pleasure of the appointing judge. The appointing judge, with the approval of the board of supervisors, shall determine whether any compensation shall be paid to a juvenile hearing officer who is not otherwise employed by a public agency or holding another public office and shall establish the amounts and rates of the compensation.

B. Subject to the orders of the juvenile court a juvenile hearing officer may hear and determine juvenile pretrial detention hearings and may process, adjudicate and dispose of all cases which are not classified as felonies and in which a juvenile under eighteen years of age on the date of the alleged offense is charged with violating any law relating to the following:

1. Any provision of title 28 not declared to be a felony.

2. The purchase, possession or consumption of spirituous liquor by a juvenile.

3. Boating or game and fish.

4. Curfew.

5. Truancy.

6. The damage or disfigurement of property by graffiti or the purchase or possession of materials with the intent to use the materials for graffiti.

7. The purchase or possession of tobacco.

8. Any city, town or political subdivision ordinance.

9. Interference with judicial proceedings involving disobeying or resisting the lawful order, process or other mandate of a juvenile hearing officer or failure to appear related to any offense in this section.

C. A hearing before the juvenile hearing officer or a hearing before a commissioner or a judge of the juvenile court in which the juvenile is charged with any offense set forth in this section may be conducted upon an exact legible copy of a written notice to appear, including a uniform Arizona traffic ticket and complaint form, that states, at a minimum, the name and address of the juvenile, the offense charged and the time and place the juvenile shall appear in court.

D. The juvenile hearing officer, commissioner or judge of the superior court shall not dispose of a petition or citation for any offense under this section unless the parent, guardian or custodian of the juvenile appears in court with the juvenile at the time of disposition of the charge. The court may waive the requirement that the parent, guardian or custodian appear for good cause. If the appearance is waived, the court shall send written notice to the parent, guardian or custodian, if known, of the charge and the disposition of the charge. If the juvenile fails to appear pursuant to a citation or an order to appear properly issued under this section or if on disposition fails to comply with any court order, the juvenile hearing officer may refer the matter to the juvenile court for appropriate action and may order the department of transportation to suspend the juvenile's driver license or privilege to drive or may direct the department of transportation to refuse to issue, renew or restore the juvenile's driver license or privilege to drive until the juvenile reaches eighteen years of age or appears in court as directed or complies with the court's order.

E. Except as otherwise provided by law, upon an admission by the juvenile of a violation charged pursuant to this section, or after a hearing, upon the finding that the juvenile committed the violation, the juvenile hearing officer, commissioner or judge of the superior court may do one or more of the following:

1. Place the juvenile on probation, except that a city magistrate or justice of the peace may only place the juvenile on unsupervised probation.

2. Transfer the citation to the juvenile court for all further proceedings.

3. Suspend the driving privileges of the juvenile, or restrict such driving privileges for a period of not to exceed one hundred eighty days.

4. Order the juvenile to attend a traffic school or a counseling or education program approved by the presiding judge of the juvenile court or the supreme court.

5. Order the juvenile to pay the monetary assessment or penalty that is applicable to the offense. The monetary assessment or penalty shall not exceed five hundred dollars plus lawful surcharges and assessments payable to the public agency processing the violation. If no monetary assessment or penalty is specified for the offense, the juvenile hearing officer, commissioner or judge of the superior court may order the juvenile to pay not more than one hundred fifty dollars plus lawful surcharges and assessments payable to the public agency processing the violation.

6. In lieu of or in addition to a monetary assessment or penalty, order the juvenile to perform a program of work, which does not conflict with the juvenile's regular schooling and employment, to repair the victim's property or to provide community service.

7. If the juvenile hearing officer, commissioner or judge of the superior court determines that the person charged is eighteen or more years of age, transfer the matter to the appropriate criminal court having jurisdiction.

8. If the juvenile violated any truancy laws, require the juvenile and the juvenile's parents or guardians to participate in a specialized program consisting of counseling, supervision and education under the terms and conditions the juvenile hearing officer, commissioner or judge of the superior court orders.

9. Order the juvenile and one or both of the juvenile's custodial parents to pay restitution to any person who suffered an economic loss as the result of the juvenile's conduct. The juvenile hearing officer, commissioner or judge of the superior court shall not consider the ability of the juvenile's parents to pay restitution before making a restitution order. If the juvenile hearing officer, commissioner or judge of the superior court orders one or both of the juvenile's custodial parents to pay restitution, the amount of the order shall not exceed the liability limit established pursuant to section 12-661.

10. Impose sanctions authorized by section 8-343.

11. Reprimand the juvenile and take no further action.

F. A record of the proceedings before a juvenile hearing officer may be made by a court reporter, videotape or audiotape or any other method approved by the supreme court that accurately reproduces what occurred at the proceeding.

G. The juvenile hearing officer shall retain jurisdiction of the case until all orders made under this section have been fully complied with. The juvenile hearing officer shall immediately transmit a copy of the citation with the findings and disposition of the court noted on the copy to the juvenile court for record keeping purposes. If appropriate, the juvenile hearing officer shall transmit a copy of the citation to the department of transportation. If on disposition the juvenile fails to comply with any court order, the juvenile hearing officer, in the manner provided by subsection D of this section, may impose any of the sanctions prescribed in subsection E of this section.

H. Subject to an appeal pursuant to section 8-325 all orders of the juvenile hearing officer shall be effective immediately.

I. A city or town attorney or prosecutor shall act on behalf of the state in matters that are heard in a municipal court by a juvenile hearing officer pursuant to this section. In these matters and on approval of the presiding judge of the juvenile court and the county attorney, the city or town attorney or the prosecutor may establish diversion programs for offenses other than offenses involving a violation of section 28-1381 , 28-1382 or 28-1383.

Sec. 3. Section 8-348, Arizona Revised Statutes, is amended to read:

8-348. Setting aside adjudication; application; release from disabilities; exceptions; definitions

A. Except as provided in subsections C and D of this section, a person who is at least eighteen years of age, who has been adjudicated delinquent or incorrigible and who has fulfilled the conditions of probation and discharge ordered by the court may apply to the juvenile court to set aside the adjudication. The court shall inform the person of this right at the time the person is discharged. The person or, if authorized in writing, the person's attorney or probation officer may apply to set aside the adjudication. A copy of the application shall be served on the prosecutor.

B. If the court grants the application, the court shall set aside the adjudication and shall order that the person be released from all penalties and disabilities resulting from the adjudication except those imposed by the department of transportation pursuant to section 28-3304, 28-3306, 28-3307 or 28-3308. Regardless of whether the court sets aside the adjudication, the adjudication may be used for any purpose as provided in section 8-207 or 13-501 and the department of transportation may use the adjudication for the purposes of enforcing the provisions of section 28-3304, 28-3306, 28-3307 or 28-3308 as if the adjudication had not been set aside.

C. A person may not apply to set aside the adjudication if the person either:

1. Has been convicted of a criminal offense.

2. Is on probation.

3. Has a criminal charge pending.

4. Has not successfully completed all of the terms and conditions of probation, including the payment of all restitution.

D. This section does not apply to a person who was adjudicated delinquent for any of the following:

1. An offense involving the infliction of serious physical injury.

2. An offense involving the use or exhibition of a deadly weapon or dangerous instrument.

3. An offense in violation of title 13, chapter 14.

4. An offense in violation of section 28-1381, 28-1382, 28-1383 or 28-3473.

5. A civil traffic violation under title 28, chapter 3.

E. For the purposes of this section:

1. "Dangerous instrument" and "deadly weapon" have the same meaning as defined PRESCRIBED in section 13-105.

2. "Serious physical injury" has the same meaning as defined PRESCRIBED in section 13-105.

Sec. 4. Section 8-349, Arizona Revised Statutes, is amended to read:

8-349. Destruction of juvenile court records; electronic research records

A. A person who has been referred to juvenile court may apply for destruction of THE PERSON'S juvenile court records.

B. If the records concern a referral or citation that did not result in further action or that resulted in diversion, placement in a community based alternative program, an adjudication of incorrigibility, the filing of a petition or citation for an offense other than a felony or the filing of a petition for a felony offense for which the person was adjudicated delinquent for an offense that was not classified as a felony, the person shall file an application with the juvenile court and shall serve a copy of the application on the county attorney in the county in which the referral was made. The person shall certify under oath that all of the following apply:

1. The person is at least nineteen years of age.

2. The person has not been convicted of a felony offense or adjudicated delinquent for an offense that would be a felony offense if committed by an adult.

3. A criminal charge is not pending.

4. The person has successfully completed all of the terms and conditions of court ordered probation, including the payment of all restitution.

C. Subsection B of this section does not apply to violations of section 28-1381 , 28-1382 or section 28-1383.

D. The juvenile court may order the destruction of records under subsection B of this section if the court finds all of the following:

1. The person is at least nineteen years of age.

2. The person has not been convicted of a felony offense.

3. The person was not adjudicated for an offense that would have been a felony offense if the person had been convicted as an adult.

4. The person successfully completed all of the terms and conditions of probation, including the payment of all restitution.

5. The destruction of the records is in the interests of justice.

6. The destruction of the records would further the rehabilitative process.

E. If the records concern a petition that resulted in an adjudication of delinquency for an offense classified as a felony or a petition or citation that resulted in an adjudication of delinquency for a violation of section 28-1381 , 28-1382 or 28-1383, the person shall file the application with the juvenile court and shall serve a copy of the application on the county attorney in the county in which the referral was made. The person shall certify under oath that all of the following apply:

1. The person is at least twenty-five years of age.

2. The person has not been convicted of a felony offense.

3. A criminal charge is not pending.

4. The person has successfully completed all of the terms and conditions of court ordered probation, including the payment of all restitution.

F. The juvenile court may order the destruction of records under subsection E of this section if the county attorney does not object within ninety days after the date of the notice and the court finds that all of the following apply:

1. The person is at least twenty-five years of age.

2. The person has not been convicted of a felony offense.

3. The person has successfully completed all of the terms and conditions of probation, including the payment of all restitution.

4. The destruction of the records would be in the interests of justice.

5. The destruction of the records would further the rehabilitative process.

G. The juvenile court may store any records for research purposes.

Sec. 5. Section 28-672, Arizona Revised Statutes, is amended to read:

28-672 . Accidents and moving violations; serious physical injury; death; penalties

A. If a person fails to comply with the provisions of section 28-645, subsection A, paragraph 3, subdivision (a), section 28-772 or section 28-855, subsection B and the failure results in an accident causing serious physical injury as defined in section 13-105 to another person, the A person is responsible for a civil traffic violation . IF THE PERSON VIOLATES ANY ONE OF THE FOLLOWING AND THE VIOLATION RESULTS IN AN ACCIDENT CAUSING SERIOUS PHYSICAL INJURY AS DEFINED IN SECTION 13-105 TO ANOTHER PERSON:

1. SECTION 28-645, SUBSECTION A, PARAGRAPH 3, SUBDIVISION ( a ).

2. SECTION 28-772.

3. SECTION 28-855, SUBSECTION B.

B. Notwithstanding section 28-1598, the A person WHO VIOLATES SUBSECTION A OF THIS SECTION is subject to a civil penalty of up to five hundred dollars, the person shall attend and successfully complete TRAFFIC SURVIVAL SCHOOL training and educational sessions that are designed to improve the safety and habits of drivers and that are approved by the department and the court shall report the judgment to the department and may direct the department to suspend the person's driving privilege for ninety days.

B. C. If a person fails to comply with the provisions of section 28-645, subsection A, paragraph 3, subdivision (a), section 28-772 or section 28-855, subsection B and the failure results in an accident causing death to another person, the A person is responsible for a civil traffic violation . IF THE PERSON VIOLATES ANY ONE OF THE FOLLOWING AND THE VIOLATION RESULTS IN AN ACCIDENT CAUSING DEATH TO ANOTHER PERSON:

1. SECTION 28-645, SUBSECTION A, PARAGRAPH 3, SUBDIVISION ( a ).

2. SECTION 28-772.

3. SECTION 28-855, SUBSECTION B.

D. Notwithstanding section 28-1598, the A person WHO VIOLATES SUBSECTION C OF THIS SECTION is subject to a civil penalty of up to one thousand dollars, the person shall attend and successfully complete TRAFFIC SURVIVAL SCHOOL training and educational sessions that are designed to improve the safety and habits of drivers and that are approved by the department and the court shall report the judgment to the department and may direct the department to suspend the person's driving privilege for one hundred eighty days.

C. E. If a person's driving privilege is suspended pursuant to any other statute because of an incident involving a violation of subsection A or B C of this section, the suspension period prescribed in subsection A B or B D of this section shall run concurrently with the other suspension period.

Sec. 6. Title 28, chapter 3, article 4, Arizona Revised Statutes, is amended by adding section 28-673, to read:

28-673 . Traffic accidents; implied consent; tests

A. A PERSON WHO OPERATES A MOTOR VEHICLE WITHIN THIS STATE GIVES CONSENT TO A TEST OR TESTS OF THE PERSON'S BLOOD, BREATH, URINE OR OTHER BODILY SUBSTANCE FOR THE PURPOSES OF DETERMINING ALCOHOL CONCENTRATION OR DRUG CONTENT IF THE PERSON IS INVOLVED IN A TRAFFIC ACCIDENT RESULTING IN DEATH OR SERIOUS PHYSICAL INJURY AS DEFINED IN SECTION 13-105 AND A LAW ENFORCEMENT OFFICER HAS PROBABLE CAUSE TO BELIEVE THAT THE PERSON CAUSED THE ACCIDENT OR THE PERSON IS ISSUED A CITATION FOR A VIOLATION OF ANY PROVISION OF THIS ARTICLE, ARTICLE 2, 3 OR 5 THROUGH 15 OF THIS CHAPTER OR CHAPTER 4 OF THIS TITLE.

B. THE TEST OR TESTS CHOSEN BY THE LAW ENFORCEMENT AGENCY SHALL BE ADMINISTERED AT THE DIRECTION OF A LAW ENFORCEMENT OFFICER HAVING REASONABLE GROUNDS TO BELIEVE THAT THE PERSON WAS INVOLVED IN A TRAFFIC ACCIDENT RESULTING IN DEATH OR SERIOUS PHYSICAL INJURY AS DEFINED IN SECTION 13-105 AND THE OFFICER HAD PROBABLE CAUSE TO BELIEVE THAT THE PERSON CAUSED THE ACCIDENT OR THE PERSON WAS ISSUED A CITATION FOR A VIOLATION OF ANY PROVISION OF THIS ARTICLE, ARTICLE 2, 3 OR 5 THROUGH 15 OF THIS CHAPTER OR CHAPTER 4 OF THIS TITLE.

C. SECTION 28-1321 APPLIES TO ANY TEST PRESCRIBED BY THIS SECTION AND TO ANY PERSON WHO REFUSES TO SUBMIT TO A TEST PRESCRIBED BY THIS SECTION, EXCEPT THAT:

1. THE CERTIFIED REPORT SHALL STATE THE LAW ENFORCEMENT OFFICER'S REASONABLE GROUNDS TO BELIEVE THAT PERSON WAS INVOLVED IN A TRAFFIC ACCIDENT RESULTING IN DEATH OR SERIOUS PHYSICAL INJURY AS DEFINED IN SECTION 13-105 AND THE OFFICER HAD PROBABLE CAUSE TO BELIEVE THAT THE PERSON CAUSED THE ACCIDENT OR THE PERSON WAS ISSUED A CITATION FOR A VIOLATION OF ANY PROVISION OF THIS ARTICLE, ARTICLE 2, 3 OR 5 THROUGH 15 OF THIS CHAPTER OR CHAPTER 4 OF THIS TITLE.

2. THE SCOPE OF THE HEARING SHALL INCLUDE THE LAW ENFORCEMENT OFFICER'S REASONABLE GROUNDS TO BELIEVE THAT THE PERSON WAS INVOLVED IN A TRAFFIC ACCIDENT RESULTING IN DEATH OR SERIOUS PHYSICAL INJURY AS DEFINED IN SECTION 13-105 AND THE OFFICER HAD PROBABLE CAUSE TO BELIEVE THAT THE PERSON CAUSED THE ACCIDENT OR THE PERSON WAS ISSUED A CITATION FOR A VIOLATION OF ANY PROVISION OF THIS ARTICLE, ARTICLE 2, 3 OR 5 THROUGH 15 OF THIS CHAPTER OR CHAPTER 4 OF THIS TITLE.

D. A PERSON WHO IS DEAD, UNCONSCIOUS OR OTHERWISE IN A CONDITION RENDERING THE PERSON INCAPABLE OF REFUSAL IS DEEMED NOT TO HAVE WITHDRAWN THE CONSENT PROVIDED BY SUBSECTION A OF THIS SECTION AND THE TEST OR TESTS SHALL BE ADMINISTERED.

Sec. 7. Section 28-1321, Arizona Revised Statutes, is amended to read:

28-1321 . Implied consent; tests; refusal to submit to test; order of suspension; hearing; review; temporary permit; notification of suspension

A. A person who operates a motor vehicle in this state gives consent, subject to section 4-244, paragraph 34 or section 28-1381, 28-1382 or 28-1383, to a test or tests of the person's blood, breath, urine or other bodily substance for the purpose of determining alcohol concentration or drug content if arrested for any offense arising out of acts alleged to have been committed in violation of this chapter or section 4-244, paragraph 34 while the person was driving or in actual physical control of a motor vehicle while under the influence of intoxicating liquor or drugs. A person who operates a motor vehicle within this state gives consent to a test or tests of the person's blood, breath, urine or other bodily substance for the purposes of determining alcohol concentration or drug content if the person is involved in a traffic accident resulting in death or serious physical injury as defined in section 13-105 and a law enforcement officer has probable cause to believe that the person caused the accident or the person is issued a citation for a violation of any provision of this chapter or chapter 3, articles 2 through 15 of this title. The test or tests chosen by the law enforcement agency shall be administered at the direction of a law enforcement officer having reasonable grounds to believe that either:

1. the person was driving or in actual physical control of a motor vehicle in this state either:

(a) 1. While under the influence of intoxicating liquor or drugs.

(b) 2. If the person is under twenty-one years of age, with spirituous liquor in the person's body.

2. The person was involved in a traffic accident resulting in death or serious physical injury as defined in section 13-105 and the officer had probable cause to believe that the person caused the accident or the person was issued a citation for a violation of any provision of this chapter or chapter 3, articles 2 through 15 of this title.

B. After an arrest a violator shall be requested to submit to and successfully complete any test or tests prescribed by subsection A of this section, and if the violator refuses the violator shall be informed that the violator's license or permit to drive will be suspended or denied for twelve months, or for two years for a second or subsequent refusal within a period of sixty months, unless the violator expressly agrees to submit to and successfully completes the test or tests. A failure to expressly agree to the test or successfully complete the test is deemed a refusal. The violator shall also be informed that if the test results show a blood or breath alcohol concentration of 0.10 or more, or if the results show a blood or breath alcohol concentration of 0.04 or more and the violator was driving or in actual physical control of a commercial motor vehicle, the violator's license or permit to drive will be suspended or denied for not less than ninety consecutive days.

C. A person who is dead, unconscious or otherwise in a condition rendering the person incapable of refusal is deemed not to have withdrawn the consent provided by subsection A of this section and the test or tests may be administered, subject to section 4-244, paragraph 34 or section 28-1381, 28-1382 or 28-1383.

D. If a person under arrest refuses to submit to the test designated by the law enforcement agency as provided in subsection A of this section:

1. The test shall not be given, except as provided in section 28-1388, subsection E or pursuant to a search warrant.

2. The law enforcement officer directing the administration of the test shall:

(a) File a certified report of the refusal with the department.

(b) On behalf of the department, serve an order of suspension on the person that is effective fifteen days after the date the order is served.

(c) Require the immediate surrender of any license or permit to drive that is issued by this state and that is in the possession or control of the person.

(d) If the license or permit is not surrendered, state the reason why it is not surrendered.

(e) If a valid license or permit is surrendered, issue a temporary driving permit that is valid for fifteen days.

(f) Forward the certified report of refusal, a copy of the completed notice of suspension, a copy of any completed temporary permit and any driver license or permit taken into possession under this section to the department within five days after the issuance of the notice of suspension.

E. The certified report is subject to the penalty for perjury as prescribed by section 28-1561 and shall state all of the following:

1. The officer's reasonable grounds to believe that either:

(a) the arrested person was driving or in actual physical control of a motor vehicle in this state either:

(i) ( a ) While under the influence of intoxicating liquor or drugs.

(ii) ( b ) If the person is under twenty-one years of age, with spirituous liquor in the person's body.

(b) The person was involved in a traffic accident resulting in death or serious physical injury as defined in section 13-105 and the officer had probable cause to believe that the person caused the accident or the person was issued a citation for a violation of any provision of this chapter or chapter 3, articles 2 through 15 of this title.

2. The manner in which the person refused to submit to the test or tests.

3. That the person was advised of the consequences of refusal.

F. On receipt of the certified report of refusal and a copy of the order of suspension and on the effective date stated on the order, the department shall enter the order of suspension on its records unless a written request for a hearing as provided in this section has been filed by the accused person. If the department receives only the certified report of refusal, the department shall notify the person named in the report in writing sent by mail that:

1. Fifteen days after the date of issuance of the notice the department will suspend the person's license or permit, driving privilege or nonresident driving privilege.

2. The department will provide an opportunity for a hearing if the person requests a hearing in writing and the request is received by the department within fifteen days after the notice is sent.

G. The order of suspension issued by a law enforcement officer or the department under this section shall notify the person that:

1. The person may submit a written request for a hearing.

2. The request for a hearing must be received by the department within fifteen days after the date of the notice or the order of suspension will become final.

3. The affected person's license or permit to drive or right to apply for a license or permit or any nonresident operating privilege will be suspended for twelve months from that date or for two years from that date for a second or subsequent refusal within a period of sixty months.

H. The order for suspension shall:

1. Be accompanied by printed forms that are ready to mail to the department and that may be filled out and signed by the person to indicate the person's desire for a hearing.

2. Advise the person that unless the person has surrendered any driver license or permit issued by this state the person's hearing request will not be accepted, except that the person may certify pursuant to section 28-3170 that the license or permit is lost or destroyed.

I. On the receipt of a request for a hearing, the department shall set the hearing within thirty days in the county in which the person named in the report resides unless the law enforcement agency filing the certified report of refusal pursuant to subsection D of this section requests at the time of its filing that the hearing be held in the county where the refusal occurred.

J. A timely request for a hearing stays the suspension until a hearing is held, except that the department shall not return any surrendered license or permit to the person but may issue temporary permits to drive that expire no later than when the department has made its final decision. If the person is a resident without a license or permit or has an expired license or permit, the department may allow the person to apply for a license or permit. If the department determines the person is otherwise entitled to the license or permit, the department shall issue and retain a license or permit subject to this section.

K. Hearings requested under this section shall be conducted in the same manner and under the same conditions as provided in section 28-3306. For the purposes of this section, the scope of the hearing shall include only the issues of whether:

1. A law enforcement officer had reasonable grounds to believe that either:

(a) the person was driving or was in actual physical control of a motor vehicle in this state either:

(i) ( a ) While under the influence of intoxicating liquor or drugs.

(ii) ( b ) If the person is under twenty-one years of age, with spirituous liquor in the person's body.

(b) The person was involved in a traffic accident resulting in death or serious physical injury as defined in section 13-105 and the officer had probable cause to believe that the person caused the accident or the person was issued a citation for a violation of any provision of this chapter or chapter 3, articles 2 through 15 of this title.

2. The person was placed under arrest.

3. The person refused to submit to the test.

4. The person was informed of the consequences of refusal.

L. If the department determines at the hearing to suspend the affected person's privilege to operate a motor vehicle, the suspension provided in this section is effective fifteen days after giving written notice of the suspension, except that the department may issue or extend a temporary license that expires on the effective date of the suspension. If the person is a resident without a license or permit or has an expired license or permit to operate a motor vehicle in this state, the department shall deny to the person the issuance of a license or permit for a period of twelve months after the order of suspension becomes effective or for a period of two years after the order of suspension becomes effective for a second or subsequent refusal within a period of sixty months.

M. If the suspension order is sustained after the hearing, a motion for rehearing is not required. Within thirty days after a suspension order is sustained, the affected person may file a petition in the superior court to review the final order of suspension or denial by the department in the same manner provided in section 28-3317. The court shall hear the review of the final order of suspension or denial on an expedited basis.

N. If the suspension or determination that there should be a denial of issuance is not sustained, the ruling is not admissible in and has no effect on any administrative, civil or criminal court proceeding.

O. If it has been determined under the procedures of this section that a nonresident's privilege to operate a motor vehicle in this state has been suspended, the department shall give information in writing of the action taken to the motor vehicle administrator of the state of the person's residence and of any state in which the person has a license.

Sec. 8. Section 28-1381, Arizona Revised Statutes, is amended to read:

28-1381 . Driving or actual physical control while under the influence; defenses; trial by jury; presumptions; admissible evidence; sentencing; classification

A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:

1. While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree.

2. If the person has an alcohol concentration of 0.10 or more within two hours of driving or being in actual physical control of the vehicle.

3. While there is any drug defined in section 13-3401 or its metabolite in the person's body.

4. If the vehicle is a commercial motor vehicle that requires a person to obtain a commercial driver license as defined in section 28-3001 and the person has an alcohol concentration of 0.04 or more.

B. It is not a defense to a charge of a violation of subsection A, paragraph 1 of this section that the person is or has been entitled to use the drug under the laws of this state.

C. It is an affirmative defense to a charge of a violation of subsection A, paragraph 2 of this section if the person did not have an alcohol concentration of 0.10 or more at the time of driving or of being in actual physical control of a vehicle. If a defendant produces some credible evidence that the defendant's alcohol concentration at the time of driving or being in actual physical control of a vehicle was below 0.10, the state must prove beyond a reasonable doubt that the defendant's alcohol concentration was 0.10 or more at the time of driving or being in actual physical control of a vehicle.

D. A person using a drug prescribed by a medical practitioner licensed pursuant to title 32, chapter 7, 11, 13 or 17 is not guilty of violating subsection A, paragraph 3 of this section.

E. In any prosecution for a violation of this section, the state shall allege, for the purpose of classification and sentencing pursuant to this section, all prior convictions of violating this section, section 28-1382 or section 28-1383 occurring within the past thirty-six months, unless there is an insufficient legal or factual basis to do so.

F. At the arraignment, the court shall inform the defendant that the defendant may request a trial by jury and that the request, if made, shall be granted.

G. In a trial, action or proceeding for a violation of this section or section 28-1383 other than a trial, action or proceeding involving driving or being in actual physical control of a commercial vehicle, the defendant's alcohol concentration within two hours of the time of driving or being in actual physical control as shown by analysis of the defendant's blood, breath or other bodily substance gives rise to the following presumptions:

1. If there was at that time 0.05 or less alcohol concentration in the defendant's blood, breath or other bodily substance, it may be presumed that the defendant was not under the influence of intoxicating liquor.

2. If there was at that time in excess of 0.05 but less than 0.10 alcohol concentration in the defendant's blood, breath or other bodily substance, that fact shall not give rise to a presumption that the defendant was or was not under the influence of intoxicating liquor, but that fact may be considered with other competent evidence in determining the guilt or innocence of the defendant.

3. If there was at that time 0.10 or more alcohol concentration in the defendant's blood, breath or other bodily substance, it may be presumed that the defendant was under the influence of intoxicating liquor.

H. Subsection G of this section does not limit the introduction of any other competent evidence bearing on the question of whether or not the defendant was under the influence of intoxicating liquor.

I. A person who is convicted of a violation of this section:

1. Shall be sentenced to serve not less than ten consecutive days in jail and is not eligible for probation or suspension of execution of sentence unless the entire sentence is served.

2. Shall pay a fine of not less than two hundred fifty dollars.

3. May be ordered by a court to perform community service.

J. Notwithstanding subsection I, paragraph 1 of this section, at the time of sentencing the judge may suspend all but twenty-four consecutive hours of the sentence if the person completes a court ordered alcohol or other drug screening, education or treatment program. If the person fails to complete the court ordered alcohol or other drug screening, education or treatment program and has not been placed on probation, the court shall issue an order to show cause to the defendant as to why the remaining jail sentence should not be served.

K. If within a period of sixty months a person is convicted of a second violation of this section or is convicted of a violation of this section and has previously been convicted of a violation of section 28-1382 or 28-1383 or an act in another state, a court of the United States or a tribal court JURISDICTION that if committed in this state would be a violation of this section or section 28-1382 or 28-1383, the person:

1. Shall be sentenced to serve not less than ninety days in jail, thirty days of which shall be served consecutively, and is not eligible for probation or suspension of execution of sentence unless the entire sentence has been served.

2. Shall pay a fine of not less than five hundred dollars.

3. May be ordered by a court to perform community service.

4. Shall have the person's driving privilege revoked FOR ONE YEAR . The court shall report the conviction to the department. On receipt of the report, the department shall revoke the person's driving privilege.

L. Notwithstanding subsection K, paragraph 1 of this section, at the time of sentencing, the judge may suspend all but thirty days of the sentence if the person completes a court ordered alcohol or other drug screening, education or treatment program. If the person fails to complete the court ordered alcohol or other drug screening, education or treatment program and has not been placed on probation, the court shall issue an order to show cause as to why the remaining jail sentence should not be served.

M. In applying the sixty month provision of subsection K of this section, the dates of the commission of the offense shall be the determining factor, irrespective of the sequence in which the offenses were committed.

N. A second violation for which a conviction occurs as provided in this section shall not include a conviction for an offense arising out of the same series of acts.

O. A person who is convicted of a violation of this section is guilty of a class 1 misdemeanor.

Sec. 9. Section 28-1382, Arizona Revised Statutes, is amended to read:

28-1382 . Driving or actual physical control while under the extreme influence of intoxicating liquor; defenses; trial by jury; sentencing; classification

A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state if the person has an alcohol concentration of 0.18 or more within two hours of driving or being in actual physical control of the vehicle. A person who is convicted of a violation of this section is guilty of driving or being in actual physical control of a vehicle while under the extreme influence of intoxicating liquor.

B. It is an affirmative defense to a charge of a violation of this section if the person did not have an alcohol concentration of 0.18 or more at the time of driving or of being in actual physical control of a vehicle. If a defendant produces some credible evidence that the defendant's alcohol concentration at the time of driving or being in actual physical control of a vehicle was below 0.18, the state must prove beyond a reasonable doubt that the defendant's alcohol concentration was 0.18 or more at the time of driving or being in actual physical control of a vehicle.

C. At the arraignment, the court shall inform the defendant that the defendant may request a trial by jury and that the request, if made, shall be granted.

D. A person who is convicted of a violation of this section:

1. Shall be sentenced to serve not less than thirty consecutive days in jail and is not eligible for probation or suspension of execution of sentence unless the entire sentence is served.

2. Shall pay a fine of not less than two hundred fifty dollars. The fine prescribed in this paragraph AND ANY ASSESSMENTS, RESTITUTION AND INCARCERATION COSTS shall be paid before the assessment prescribed in paragraph 3 of this subsection.

3. Shall pay an additional assessment of two hundred fifty dollars. If the conviction occurred in the superior court or a justice court, the court shall transmit the monies received pursuant to this paragraph to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the monies received pursuant to this paragraph to the city treasurer. The city or county treasurer shall transmit the monies received to the state treasurer. The state treasurer shall deposit the monies received in the driving under the influence abatement fund established by section 28-1304.

4. May be ordered by a court to perform community service.

E. Notwithstanding subsection D, paragraph 1 of this section, at the time of sentencing the judge may suspend all but ten days of the sentence if the person completes a court ordered alcohol or other drug screening, education or treatment program. If the person fails to complete the court ordered alcohol or other drug screening, education or treatment program and has not been placed on probation, the court shall issue an order to show cause to the defendant as to why the remaining jail sentence should not be served.

F. If within a period of sixty months a person is convicted of a second violation of this section or is convicted of a violation of this section and has previously been convicted of a violation of section 28-1381 or 28-1383 or an act in another state, a court of the United States or a tribal court JURISDICTION that if committed in this state would be a violation of this section or section 28-1381 or 28-1383, the person:

1. Shall be sentenced to serve not less than one hundred twenty days in jail, sixty days of which shall be served consecutively, and is not eligible for probation or suspension of execution of sentence unless the entire sentence has been served.

2. Shall pay a fine of not less than five hundred dollars. The fine prescribed in this paragraph AND ANY ASSESSMENTS, RESTITUTION AND INCARCERATION COSTS shall be paid before the assessment prescribed in paragraph 3 of this subsection.

3. Shall pay an additional assessment of two hundred fifty dollars. If the conviction occurred in the superior court or a justice court, the court shall transmit the monies received pursuant to this paragraph to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the monies received pursuant to this paragraph to the city treasurer. The city or county treasurer shall transmit the monies received to the state treasurer. The state treasurer shall deposit the monies received in the driving under the influence abatement fund established by section 28-1304.

4. May be ordered by a court to perform community service.

5. Shall have the person's driving privilege revoked FOR ONE YEAR . The court shall report the conviction to the department. On receipt of the report, the department shall revoke the person's driving privilege.

G. A court may order a person convicted of a violation of this section to equip any motor vehicle to be operated by the person with a certified ignition interlock device before the person's driver license is reinstated, and, if the court enters such an order, the court shall require:

1. The use of the certified ignition interlock device for at least one year after the person's driver license is reinstated.

2. The person to pay the costs for installation and maintenance of the certified ignition interlock device.

3. The person to provide proof to the department of installation of a functioning certified ignition interlock device in each motor vehicle to be operated by the person.

4. The person to provide proof of compliance to the department at least once each calendar quarter.

5. The person to provide proof of inspection of the certified ignition interlock device for accurate operation and the results of the inspection to the department at least once each calendar quarter.

H. Notwithstanding subsection F, paragraph 1 of this section, at the time of sentencing, the judge may suspend all but sixty days of the sentence if the person completes a court ordered alcohol or other drug screening, education or treatment program. If the person fails to complete the court ordered alcohol or other drug screening, education or treatment program and has not been placed on probation, the court shall issue an order to show cause as to why the remaining jail sentence should not be served.

I. In applying the sixty month provision of subsection F of this section, the dates of the commission of the offense shall be the determining factor, irrespective of the sequence in which the offenses were committed.

J. A second violation for which a conviction occurs as provided in this section shall not include a conviction for an offense arising out of the same series of acts.

K. A person who is convicted of a violation of this section is guilty of a class 1 misdemeanor.

Sec. 10. Section 28-1383, Arizona Revised Statutes, is amended to read:

28-1383 . Aggravated driving or actual physical control while under the influence; surrender of license; violation; classification; definition

A. A person is guilty of aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs if the person does any of the following:

1. Commits a violation of section 28-1381, section 28-1382 or this section while the person's driver license or privilege to drive is suspended, canceled, revoked or refused or while a restriction is placed on the person's driver license or privilege to drive as a result of violating section 28-1381 or 28-1382 or under section 28-1385.

2. Within a period of sixty months commits a third or subsequent violation of section 28-1381 , SECTION 28-1382 or this section or is convicted of a violation of section 28-1381 , SECTION 28-1382 or this section and has previously been convicted of any combination of convictions of section 28-1381, section 28-1382 or this section or acts in another state, a court of the United States or a tribal court JURISDICTION that if committed in this state would be a violation of section 28-1381, section 28- 1382 or this section. For the purposes of this paragraph and section 28-1382, an order of a juvenile court adjudicating the person delinquent is equivalent to a conviction.

3. Commits a violation of section 28-1381 While a person under fifteen years of age is in the vehicle, .

4. commits a violation of EITHER:

( a) Section 28-1381.

( b ) SECTION 28-1382 while a person under fifteen years of age is in the vehicle .

B. The dates of the commission of the offenses are the determining factor in applying the sixty month provision provided in subsection A, paragraph 2 of this section regardless of the sequence in which the offenses were committed. For purposes of this section, a third or subsequent violation for which a conviction occurs does not include a conviction for an offense arising out of the same series of acts.

C. The notice to a person of the suspension, cancellation, revocation or refusal of a driver license or privilege to drive is effective as provided in section 28-3318 or pursuant to the laws of the state issuing the license.

D. A person is not eligible for probation, pardon, commutation or suspension of sentence or release on any other basis until the person has served not less than four months in prison if the person is convicted under either of the following:

1. Subsection A, paragraph 1 of this section.

2. Subsection A, paragraph 2 of this section and within a sixty month period has been convicted of two prior violations of section 28-1381, section 28-1382 or this section, or any combination of those sections, or acts in another state, a court of the United States or a tribal court JURISDICTION that if committed in this state would be a violation of section 28-1381, section 28-1382 or this section.

E. A person who is convicted under subsection A, paragraph 2 of this section and who within a sixty month period has been convicted of three or more prior violations of section 28-1381, section 28-1382 or this section, or any combination of those sections, or acts in another state, a court of the United States or a tribal court JURISDICTION that if committed in this state would be a violation of section 28-1381, section 28-1382 or this section is not eligible for probation, pardon, commutation or suspension of sentence or release on any other basis until the person has served not less than eight months in prison.

F. In addition to any other penalty provided by law, a person who is convicted under subsection A, paragraph 3 , SUBDIVISION ( a ) of this section shall be sentenced to at least the minimum sentence required pursuant to section 28-1381, except that if a person has been convicted of at least two prior violations of section 28-1381, section 28-1382 or this section, or any combination of those sections, or convicted of at least two prior acts in another state, a court of the United States or a tribal court JURISDICTION that if committed in this state would be violations of section 28-1381, section 28-1382 or this section, or any combination of those sections, within a sixty month period, the person shall be sentenced to serve at least the minimum sentence required pursuant to this section.

G. In addition to any other penalty provided by law, a person who is convicted under subsection A, paragraph 4 3, SUBDIVISION ( b ) of this section shall be sentenced to at least the minimum sentence required pursuant to section 28-1382, except that if a person has been convicted of at least two prior violations of section 28-1381, section 28-1382 or this section, or any combination of those sections, or convicted of at least two prior acts in another state, a court of the United States or a tribal court JURISDICTION that if committed in this state would be a violation of section 28-1381, section 28-1382 or this section, or any combination of those sections, within a sixty month period, the person shall be sentenced to serve at least the minimum sentence required pursuant to this section.

H. A person who is convicted of a violation of this section shall attend and complete alcohol or other drug screening, education or treatment from an approved facility. If the person fails to comply with this subsection and is placed on probation, in addition to the provisions of section 13-901 the court may order that the person be incarcerated as a term of probation as follows:

1. For a person sentenced pursuant to subsection D of this section, for an individual period of not more than four months and a total period of not more than one year.

2. For a person sentenced pursuant to subsection E of this section, for an individual period of not more than eight months and a total period of not more than two years.

I. The time that a person spends in custody pursuant to subsection H of this section shall not be counted towards the sentence imposed if the person's probation is revoked and the person is sentenced to prison after revocation of probation.

J. The court:

1. Shall report the conviction to the department. On receipt of the report, the department shall revoke the driving privilege of the person. The department shall not issue the person a new driver license within three years of the date of the conviction.

2. In addition to any other penalty prescribed by law, shall order the person to pay an additional assessment of two hundred fifty dollars. If the conviction occurred in the superior court or a justice court, the court shall transmit the monies received pursuant to this paragraph to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the monies received pursuant to this paragraph to the city treasurer. The city or county treasurer shall transmit the monies received to the state treasurer. The state treasurer shall deposit the monies received in the driving under the influence abatement fund established by section 28-1304. ANY FINE IMPOSED FOR A VIOLATION OF THIS SECTION AND ANY ASSESSMENTS, RESTITUTION AND INCARCERATION COSTS SHALL BE PAID BEFORE THE ASSESSMENT PRESCRIBED IN THIS PARAGRAPH.

K. A court may order a person convicted of a violation of this section to equip any motor vehicle to be operated by the person with a certified ignition interlock device before the person's driver license is reinstated, and, if the judge enters such an order, the judge shall require:

1. The use of the certified ignition interlock device for at least three years after the person's driver license is reinstated.

2. The person to pay the costs for installation and maintenance of the certified ignition interlock device.

3. The person to provide proof to the department of installation of a functioning certified ignition interlock device in each motor vehicle operated by the person.

4. The person to provide proof of compliance to the department at least once each calendar quarter.

5. The person to provide proof of inspection of the certified ignition interlock device for accurate operation and the results of the inspection to the department at least once each calendar quarter.

L. Aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs committed under:

1. Subsection A, paragraph 1 or 2 of this section is a class 4 felony.

2. Subsection A, paragraph 3 or 4 of this section is a class 6 felony.

M. For the purposes of this section, "suspension, cancellation, revocation or refusal" means any suspension, cancellation, revocation or refusal.

Sec. 11. Section 28-1387, Arizona Revised Statutes, is amended to read:

28-1387 . Prior convictions; alcohol or other drug screening, education and treatment; license suspension; supervised probation; civil liability; procedures

A. The court shall allow the allegation of a prior conviction or any other pending charge of a violation of section 28-1381, 28-1382 or 28-1383 or an act in another state, a court of the United States or a tribal court JURISDICTION that if committed in this state would be a violation of section 28-1381, 28-1382 or 28-1383 filed twenty or more days before the date the case is actually tried and may allow the allegation of a prior conviction or any other pending charge of a violation of section 28-1381, 28-1382 or 28-1383 or an act in another state, a court of the United States or a tribal court JURISDICTION that if committed in this state would be a violation of section 28-1381, 28-1382 or 28-1383 filed at any time before the date the case is actually tried if this state makes available to the defendant when the allegation is filed a copy of any information obtained concerning the prior conviction or other pending charge. Any conviction may be used to enhance another conviction irrespective of the dates on which the offenses occurred within the sixty month provision. FOR THE PURPOSES OF THIS ARTICLE, AN ORDER OF A JUVENILE COURT ADJUDICATING A PERSON DELINQUENT IS EQUIVALENT TO A CONVICTION.

B. In addition to any other penalties prescribed by law, the judge shall order a person who is convicted of a violation of section 28-1381 or 28-1382 to complete alcohol or other drug screening that is provided by a facility approved by the department of health services or a probation department. If a judge determines that the person requires further alcohol or other drug education or treatment, the person may be required pursuant to court order to obtain alcohol or other drug education or treatment under the court's supervision from an approved facility. The judge may review an education or treatment determination at the request of the state or the defendant or on the judge's initiative. The person shall pay the costs of the screening, education or treatment unless the court waives part or all of the costs. If a person is referred to a screening , EDUCATION or treatment facility, the facility shall report to the court whether the person has successfully completed the screening, education or treatment program.

C. After a person who is sentenced pursuant to section 28-1381, subsection I has served twenty-four consecutive hours in jail or after a person who is sentenced pursuant to section 28-1381, subsection K or section 28-1382, subsection D or F has served forty-eight consecutive hours in jail and after the court receives confirmation that the person is employed or is a student, the court , on pronouncement of any jail sentence under this section, may provide in the sentence that the defendant, if the defendant is employed or is a student and can continue the defendant's employment or studies, may continue the employment or studies for not more than twelve hours a day nor more than five days a week. The person shall spend the remaining day, days or parts of days in jail until the sentence is served and shall be allowed out of jail only long enough to complete the actual hours of employment or studies.

D. Unless the license of a person sentenced under section 28-1381 or section 28-1382 has been or is suspended pursuant to section 28-1321 or 28-1385, the department on receipt of the abstract of conviction OF A VIOLATION OF SECTION 28-1381 OR 28-1382 shall suspend the license of the affected person for not less than ninety consecutive days.

E. When the department receives notification that the person meets the criteria provided in section 28-1385, subsection F, the department shall suspend the driving privileges of the person for not less than thirty consecutive days and shall restrict the driving privileges of the person for not less than sixty consecutive additional days to travel between any of the following:

1. The person's place of employment and residence and during specified periods of time while at employment.

2. The person's place of residence and the person's secondary or postsecondary school, according to the person's employment or educational schedule.

3. The person's place of residence and a treatment facility for scheduled appointments.

4. The person's place of residence and the office of the person's probation officer for scheduled appointments.

F. If a person is placed on probation for violating section 28-1381 or 28-1382, the probation shall be supervised unless the court finds that supervised probation is not necessary or the court does not have supervisory probation services.

G. Any political subdivision processing or using the services of a person ordered to perform community service pursuant to section 28-1381 or 28-1382 does not incur any civil liability to the person ordered to perform community service as a result of these activities unless the political subdivision or its agent or employee acts with gross negligence.

H. Except for another violation of this article, the state shall not dismiss a charge of violating any provision of this article unless there is an insufficient legal or factual basis to pursue that charge.

Sec. 12. Section 28-1388, Arizona Revised Statutes, is amended to read:

28-1388 . Blood and breath tests; violation; classification; admissible evidence

A. If blood is drawn under section 28-1321, only a physician, a registered nurse or another qualified person may withdraw blood for the purpose of determining the alcohol concentration or drug content in the blood. The qualifications of the individual withdrawing the blood and the method used to withdraw the blood are not foundational prerequisites for the admissibility of a blood alcohol content determination made pursuant to this subsection.

B. If a law enforcement officer administers a duplicate breath test and the person tested is given a reasonable opportunity to arrange for an additional breath test pursuant to subsection C of this section, a sample of the person's breath does not have to be collected or preserved.

C. The person tested shall be given a reasonable opportunity to arrange for any physician, registered nurse or other qualified person of the person's own choosing to administer a test or tests in addition to any administered at the direction of a law enforcement officer. The failure or inability to obtain an additional test by a person does not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer.

D. If a person under arrest refuses to submit to a test or tests under section 28-1321, whether or not a sample was collected pursuant to subsection E of this section or a search warrant, evidence of refusal is admissible in any civil or criminal action or other proceeding. The issue of refusal is an issue of fact to be determined by the trier of fact in all cases.

E. Notwithstanding any other law, if a law enforcement officer has probable cause to believe that a person has violated section 28-1381 and a sample of blood, urine or other bodily substance is taken from that person for any reason, a portion of that sample sufficient for analysis shall be provided to a law enforcement officer if requested for law enforcement purposes. A person who fails to comply with this subsection is guilty of a class 1 misdemeanor.

F. A person who collects blood, urine or any other bodily substance under this section or any hospital, laboratory or clinic employing or using the services of the person does not incur any civil liability as a result of this activity if requested by a law enforcement officer to collect blood, urine or other bodily substances unless the person, while performing the activity, acts with gross negligence.

G. A statement by the defendant that the defendant was driving a vehicle that was involved in an accident resulting in injury to or death of any person is admissible in any criminal proceeding without further proof of corpus delicti if it is otherwise admissible.

Sec. 13. Section 28-3001, Arizona Revised Statutes, is amended to read:

28-3001 . Definitions

In this chapter, unless the context otherwise requires:

1. "Cancellation" means the annullment ANNULMENT or termination of a driver license because of an error or defect or because the licensee is no longer entitled to the license.

2. "Commercial driver license" means a license that is issued to an individual and that authorizes the individual to operate a class of commercial motor vehicles.

3. "Commercial motor vehicle" means a motor vehicle or combination of motor vehicles used to transport passengers or property if the motor vehicle either:

(a) Has a gross combined weight rating of twenty-six thousand one or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than ten thousand pounds.

(b) Has a gross vehicle weight rating of twenty-six thousand one or more pounds.

(c) Is a school bus.

(d) Is a bus.

(e) Is used in the transportation of materials found to be hazardous for the purposes of the hazardous materials transportation act (49 United States Code sections 5101 through 5127) and is required to be placarded under 49 Code of Federal Regulations section 172.504, as adopted by the department pursuant to chapter 14 of this title.

4. "Conviction" means a final conviction or judgment, including an order of a juvenile court finding that a juvenile has violated a provision of this title or has committed a delinquent act that if committed by an adult constitutes any of the following:

(a) Criminal damage to property pursuant to section 13-1602, subsection A, paragraph 1.

(b) A felony offense in the commission of which a motor vehicle was used, including theft of a motor vehicle pursuant to section 13-1802 , or unlawful use of means of transportation pursuant to section 13-1803 OR THEFT OF MEANS OF TRANSPORTATION PURSUANT TO SECTION 13-1814 .

(c) A forfeiture of bail or collateral deposited to secure a defendant's appearance in court that has not been vacated.

5. "Disqualification" means a prohibition from obtaining a commercial driver license or driving a commercial motor vehicle.

6. "Domicile" means the place where a person has the person's principal establishment and to which, when the person is absent, the person intends to return.

7. "Employer" means a person, including the United States, a state or a political subdivision of a state, that owns or leases a commercial motor vehicle or that assigns a person to operate a commercial motor vehicle.

8. "Endorsement" means an authorization that is added to an individual's driver license and that is required to permit the individual to operate certain types of vehicles.

9. "Foreign" means outside the United States.

10. "Gross vehicle weight rating" means the weight that is assigned by the vehicle manufacturer to a vehicle and that represents the maximum recommended total weight including the vehicle and the load for the vehicle.

11. "Judgment" means a final judgment and any of the following:

(a) The finding by a court that an individual is responsible for a civil traffic violation.

(b) An individual's admission of responsibility for a civil traffic violation.

(c) The voluntary or involuntary forfeiture of deposit in connection with a civil traffic violation.

(d) A default judgment entered by a court pursuant to section 28-1596.

12. "License class" means, for the purpose of determining the appropriate class of driver license required for the type of motor vehicle or vehicle combination a driver intends to operate or is operating, the class of driver license prescribed in section 28-3101.

13. "Nonresident commercial driver license" means a commercial driver license issued to an individual domiciled in a foreign country.

14. "Original applicant" means any of the following:

(a) An applicant who has never been licensed or cannot provide evidence of licensing or an applicant whose previous license has expired for more than one year.

(b) An applicant who is applying for a higher class of driver license than the license currently held by the applicant.

(c) An applicant who has a license from a foreign country.

15. "Revocation" means that the driver license and driver's privilege to drive a motor vehicle on the public highways of this state are terminated and shall not be renewed or restored, except that an application for a new license may be presented and acted on by the department after one year from the date of revocation.

16. "Suspension" means that the driver license and driver's privilege to drive a motor vehicle on the public highways of this state are temporarily withdrawn during the period of the suspension and until application for reinstatement is made.

17. "Vehicle combination" means a motor vehicle and a vehicle in excess of ten thousand pounds gross vehicle weight that it tows, if the combined gross vehicle weight rating is more than twenty-six thousand pounds.

Sec. 14. Section 28-3153, Arizona Revised Statutes, is amended to read:

28-3153 . Driver license issuance; prohibitions

A. The department shall not issue the following:

1. A class D or M license to a person who is under sixteen years of age, except that the department may issue a restricted class D license to a person who is at least fifteen years of age.

2. A class D or M license or instruction permit to a person who is under eighteen years of age and who has been tried in adult court and convicted of a second or subsequent violation of criminal damage to property pursuant to section 13-1602, subsection A, paragraph 1 or convicted of a felony offense in the commission of which a motor vehicle is used, including theft of a motor vehicle pursuant to section 13-1802, or unlawful use of means of transportation pursuant to section 13-1803 OR THEFT OF MEANS OF TRANSPORTATION PURSUANT TO SECTION 13-1814 , or who has been adjudicated delinquent for a second or subsequent act that would constitute criminal damage to property pursuant to section 13-1602, subsection A, paragraph 1 or adjudicated delinquent for an act that would constitute a felony offense in the commission of which a motor vehicle is used, including theft of a motor vehicle pursuant to section 13-1802 , or unlawful use of means of transportation pursuant to section 13-1803 OR THEFT OF MEANS OF TRANSPORTATION PURSUANT TO SECTION 13-1814 , if committed by an adult.

3. A class A, B or C license to a person who is under twenty-one years of age, except that the department may issue a class A, B or C license that is restricted to only intrastate driving to a person who is at least eighteen years of age.

4. A license to a person whose license or driving privilege has been suspended, during the suspension period.

5. Except as provided in section 28-3315, a license to a person whose license or driving privilege has been revoked.

6. A class A, B or C license to a person who has been disqualified from obtaining a commercial driver license.

7. A license to a person who on application notifies the department that the person is an alcoholic as defined in section 36-2021 or a drug dependent person as defined in section 36-2501, unless the person successfully completes the medical screening process pursuant to section 28-3052 or submits a medical examination report that includes a current evaluation from a certified substance abuse counselor indicating that, in the opinion of the counselor, the condition does not affect or impair the person's ability to safely operate a motor vehicle.

8. A license to a person who has been adjudged to be incapacitated pursuant to section 14-5304 and who at the time of application has not obtained a termination of incapacity as provided by law.

9. A license to a person who is required by this chapter to take an examination unless the person successfully passes the examination.

10. A license to a person who is required under the motor vehicle financial responsibility laws of this state to deposit proof of financial responsibility and who has not deposited the proof.

11. A license to a person if the department has good cause to believe that the operation of a motor vehicle on the highways by the person would threaten the public safety or welfare.

12. A license to a person whose driver license has been ordered to be suspended pursuant to section 25-518.

B. The department shall not issue a driver license to or renew the driver license of the following persons:

1. A person about whom the court notifies the department that the person violated the person's written promise to appear in court when charged with a violation of the motor vehicle laws of this state until the department receives notification in a manner approved by the department that the person appeared either voluntarily or involuntarily or that the case has been adjudicated, that the case is being appealed or that the case has otherwise been disposed of as provided by law.

2. If notified pursuant to section 28-1601, a person who fails to pay a civil penalty as provided in section 28-1601, except for a parking violation, until the department receives notification in a manner approved by the department that the person paid the civil penalty, that the case is being appealed or that the case has otherwise been disposed of as provided by law.

C. The magistrate or the clerk of the court shall provide the notification to the department prescribed by subsection B of this section.

D. Notwithstanding any other law, the department shall not issue to or renew a driver license or nonoperating identification license for a person who does not submit proof satisfactory to the department that the applicant's presence in the United States is authorized under federal law. The director shall adopt rules necessary to carry out the purposes of this subsection. The rules shall include procedures for:

1. Verification that the applicant's presence in the United States is authorized under federal law.

2. Issuance of a temporary driver permit pursuant to section 28-3157 pending verification of the applicant's status in the United States.

Sec. 15. Section 28-3303, Arizona Revised Statutes, is amended to read:

28-3303 . Suspension or revocation of driver license or privilege for actions outside of state

A. Except as provided in subsection B of this section, the department may suspend or revoke the license or driving privilege of a resident of this state or the privilege of a nonresident to drive a motor vehicle in this state or may require the person to successfully complete approved driver training and education sessions as prescribed in section 28-3306 on receipt of notice of a conviction of the person of an offense in another state, a court of the United States or a tribal court JURISDICTION that would be grounds for the suspension or revocation of the person's driver license if the offense had been committed in this state. Section 28-3306, subsections C through G apply if a person's license or driving privilege is suspended or revoked or if a person is required to successfully complete approved driver training and educational sessions as provided by this subsection.

B. The department shall revoke the license or driving privilege of a resident of this state or the privilege of a nonresident to drive a motor vehicle in this state after receiving notice of a conviction of the person in another state, a court of the United States or a tribal court JURISDICTION and after determining that the conviction was for an offense that if committed in this state would be grounds for revocation pursuant to section 28-3304 or chapter 3, 4 or 5 of this title.

C. The department may suspend or revoke the driver license of a resident of this state who fails to comply with the terms of a traffic citation that is lawfully issued in a jurisdiction outside this state pursuant to the nonresident violator compact adopted by chapter 6, article 4 of this title.

D. Notwithstanding chapter 6, articles 3 and 4 of this title and in lieu of suspension of a driver license or driving privileges, the department may issue a temporary driver license that is valid for a period of not more than one hundred eighty days.

Sec. 16. Section 28-3304, Arizona Revised Statutes, is amended to read:

28-3304 . Mandatory revocation of license; definition

A. In addition to the grounds for mandatory revocation provided for in chapters 3, 4 and 5 of this title, the department shall immediately revoke the license of a driver on receipt of a record of the driver's conviction of any of the following offenses if the conviction is final:

1. A homicide or aggravated assault resulting from the operation of a motor vehicle.

2. Driving a motor vehicle while under the influence of a drug as defined in section 13-3401 or in violation of section 28-1381, subsection A, paragraph 3.

3. A felony in the commission of which a motor vehicle is used, including theft of a motor vehicle pursuant to section 13-1802 , or unlawful use of means of transportation pursuant to section 13-1803 OR THEFT OF MEANS OF TRANSPORTATION PURSUANT TO SECTION 13-1814 .

4. Drive by shooting pursuant to section 13-1209.

5. Failure to stop and render aid as required under the laws of this state if a motor vehicle accident results in the death or personal injury of another.

6. Perjury or the making of a false affidavit or statement under oath to the department under this chapter or under any other law relating to the ownership or operation of a motor vehicle.

7. Conviction or forfeiture of bail not vacated on a second or subsequent charge of the following offenses that are committed within sixty months:

(a) Reckless driving.

(b) Racing on highways.

(c) Any combination of a violation of section 28-1381 OR 28-1382 and reckless driving, of a violation of section 28-1381 OR 28-1382 and racing on highways, or of reckless driving and racing on highways, if they do not arise out of the same event.

8. Conviction or forfeiture of bail not vacated on a second charge of violating section 28-1381 OR 28-1382 within sixty months.

9. Conviction or forfeiture of bail not vacated on a third or subsequent charge of violating section 28-1381 OR 28-1382 within sixty months.

10. Conviction , or forfeiture of bail not vacated , on a charge of violating section 28-1381 OR 28-1382 and the driver has been convicted within a period of sixty months of an offense in another state, a court of the United States or a tribal court JURISDICTION that if committed in this state would be a violation of section 28-1381 OR 28-1382 .

B. In determining the starting date for the sixty month period prescribed in subsection A, paragraphs 7 through 10 of this section, the department shall use the date of the commission of the offense.

C. FOR THE PURPOSES OF THIS SECTION, "CONVICTION" MEANS A FINAL ADJUDICATION OR JUDGMENT, INCLUDING AN ORDER OF A JUVENILE COURT FINDING THAT A JUVENILE VIOLATED ANY PROVISION OF THIS TITLE OR COMMITTED A DELINQUENT ACT THAT IF COMMITTED BY AN ADULT WOULD CONSTITUTE A CRIMINAL OFFENSE.

Sec. 17. Section 28-3306, Arizona Revised Statutes, is amended to read:

28-3306 . Discretionary license suspension or revocation; driver improvement school; hearing

A. The department may suspend or revoke the license of a driver or require a licensee to attend and successfully complete approved training and educational sessions designed to improve the safety and habits of drivers on a showing by department records or other sufficient evidence that the licensee:

1. Has committed an offense for which mandatory revocation of the license is required on conviction.

2. Has been involved as a driver in an accident resulting in the death or personal injury of another or serious property damage.

3. Has been convicted of or adjudged to have violated traffic regulations governing the movement of vehicles with such a frequency that it indicates a disrespect for traffic laws and a disregard for the safety of other persons on the highways.

4. Has been convicted of reckless driving as provided in section 28-693 or is a habitually reckless or negligent driver of a motor vehicle.

5. Is medically, psychologically or physically incapable of operating a motor vehicle and, based on law enforcement, medical or other department information, the continued operation of a motor vehicle by the licensee would endanger the public health, safety and welfare.

6. Has committed or permitted an act involving an unlawful or fraudulent use of the license.

7. Has committed an offense in another state JURISDICTION that if committed in this state is grounds for suspension or revocation.

8. Has been convicted of a violation of section 28-1381 OR 28-1382 .

B. On receipt of satisfactory evidence of a violation of a driver license restriction, the department may suspend or revoke the driver license.

C. On suspending or revoking the license of a person or requiring a licensee to attend and successfully complete approved training and educational sessions designed to improve the safety and habits of drivers pursuant to this section, the department shall notify the licensee in writing immediately.

D. On the person's request, the department shall provide an opportunity for a hearing on the action taken pursuant to this section as early as practicable but not later than thirty days after receipt of the request. The department shall hold the hearing in the county where the licensee resides unless the law enforcement agency issuing the citation or affidavit that authorizes the suspension or revocation requests at the time of issuance that the hearing be held in the county where the violation allegedly occurred.

E. If a hearing is held, the department or its duly authorized agent may administer oaths, may issue subpoenas for the attendance of witnesses and the production of relevant books and papers and may require a reexamination of the licensee.

F. At the hearing, the department shall either rescind its order of suspension or its order requiring the licensee to attend and successfully complete approved training and educational sessions or, if good cause exists, the department may uphold or extend the order, revoke the license or make any order that is within its discretionary power under this section and that is in the interest of public safety.

G. If a licensee receives notice requiring the licensee to attend and successfully complete approved training and educational sessions and the department receives information of noncompliance with this order, the department may amend the order to suspend or revoke the license.

H. A person whose driver license is suspended or revoked as provided in subsection A, paragraph 5 of this section may submit a written request to the department for an administrative hearing. The person shall submit the request for a hearing within fifteen days after the department provides the person with notice of suspension or revocation. On receipt of a proper request for a hearing, the department shall provide the person with an opportunity for a hearing in the county where the person resides within thirty days after the department receives the request. The request for a hearing does not stay a summary suspension issued by the department.

Sec. 18. Section 28-3315, Arizona Revised Statutes, is amended to read:

28-3315 . Period of suspension, revocation or disqualification; unlicensed drivers

A. The department shall not suspend, revoke or disqualify a driver license or privilege to drive a motor vehicle on the public highways for more than one year from the date of a conviction or judgment, if any, against a person for which this chapter makes revocation, suspension or disqualification mandatory or from the date the notice is sent pursuant to section 28-3318 if no conviction was involved, except as permitted under subsection D of this section and sections 28-1383, 28-3312, 28-3319 , 28-3320 and 28-3473.

B. A person whose license or privilege to drive a motor vehicle on the public highways has been revoked may apply for a new license as provided by law after the cause of the revocation is removed or after expiration of the revocation period prescribed by law. After the department investigates an applicant's driving record in this state to determine that all withdrawal actions are complete, that the applicant has not committed any traffic violations within twelve months preceding application and that all other statutory requirements are satisfied, the department may issue a new license.

C. If the revocation is related to alcohol or other drugs, the person shall provide the department with a current evaluation from a physician licensed pursuant to title 32, chapter 13, 17 or 29, a psychologist licensed pursuant to title 32, chapter 19.1 or a certified substance abuse counselor as defined in section 28-3005 indicating that, in the opinion of the physician, psychologist or counselor, the condition does not affect or impair the person's ability to safely operate a motor vehicle. For the purposes of reinstating a license or driving privilege pursuant to this article, the department may rely on the opinion of a physician licensed pursuant to title 32, chapter 13, 17 or 29, a psychologist licensed pursuant to title 32, chapter 19.1 or a certified substance abuse counselor as defined in section 28-3005.

D. Notwithstanding subsections A and B of this section:

1. A person whose license or privilege to drive is revoked pursuant to section 28-1383, subsection J or section 28-3304, subsection A, paragraph 1 or 9 is not entitled to have the person's license or privilege renewed or restored for three years.

2. A person whose license or privilege to drive is revoked pursuant to section 13-1209 is not entitled to have the person's license or privilege renewed or restored for the period of time ordered by the court.

3. A person who is under eighteen years of age and whose license or privilege to drive is revoked pursuant to section 28-3304, subsection A, paragraph 3 is not entitled to have the person's license or privilege renewed or restored for a period of one year or until the person reaches eighteen years of age, whichever is later.

E. Except as provided in section 28-3473, if an unlicensed driver commits an offense for which a driver license could be suspended, revoked or disqualified, the department shall not accept the unlicensed driver's application for a driver license for a period equal to the period of time that applies to a driver with a license. If the offense is one for which a driver license could be revoked, the department shall not accept the unlicensed driver's application for a driver license unless it investigates the character, habits and driving ability of the person and is satisfied that it is safe to grant the privilege of driving a motor vehicle on the public highways.

F. The expiration of a person's license during the period of time it is under suspension, revocation or disqualification does not invalidate or terminate the suspension, revocation or disqualification.

G. A person whose license or privilege to drive a motor vehicle on the public highways has been suspended pursuant to section 28-3306, subsection A, paragraph 5 or section 28-3314 may apply for a new license as provided by law after the cause for suspension is removed or after expiration of the suspension period prescribed by law if both of the following conditions are met:

1. The department is satisfied, after reviewing the medical condition and driving ability of the person, that it is safe to grant the person the privilege of driving a motor vehicle on the public highways.

2. If the person has a medical condition related to alcohol or other drugs, the person provides the department with a current evaluation form from a physician licensed pursuant to title 32, chapter 13, 17 or 29, a psychologist licensed pursuant to title 32, chapter 19.1 or a certified substance abuse counselor as defined in section 28-3005 indicating that, in the opinion of the physician, psychologist or counselor, the condition does not affect or impair the person's ability to operate a motor vehicle in a safe manner.

Sec. 19. Section 28-3320, Arizona Revised Statutes, is amended to read:

28-3320 . Suspension of license for persons under eighteen years of age; notice; definition

A. In addition to the grounds for mandatory revocation provided for in chapters 3, 4 and 5 of this title, the department shall immediately suspend the driver license or privilege to drive or refuse to issue a driver license or privilege to drive of a person who is COMMITS AN OFFENSE WHILE under eighteen years of age as follows:

1. For a period of two years on receiving the record of the person's conviction for a violation of section 4-244, paragraph 34, section 28-1381 , OR section 28-1382 or section 28-1383 .

2. FOR A PERIOD OF THREE YEARS ON RECEIVING THE RECORD OF THE PERSON'S CONVICTION FOR A VIOLATION OF SECTION 28-1383.

2. 3. Until the person's eighteenth birthday on receiving the record of the person's conviction for a violation of section 13-1602, subsection A, paragraph 1 OR SECTION 13-1604, SUBSECTION A involving the damage or disfigurement of property by graffiti.

3. 4. Until the person's eighteenth birthday on receiving the record of the person's conviction of criminal damage pursuant to section 13-1602, subsection A, paragraph 5 or a violation of a city or town ordinance that prohibits the type of criminal action prescribed in section 13-1602, subsection A, paragraph 5.

4. 5. Until the person's eighteenth birthday on receiving the record of the person's conviction for a violation of any statute or ordinance involving the purchase or possession of materials used for graffiti.

5. 6. Until the person's eighteenth birthday on receiving the record of the person's conviction for a violation of any provision of title 13, chapter 34.

6. 7. Until the person's eighteenth birthday or for a period of two years on receiving the record of the person's conviction for a second or subsequent violation of section 4-244, paragraph 9, if ordered by the court.

7. 8. Until the person's eighteenth birthday on receiving the record of the person's conviction of theft of a motor vehicle pursuant to section 13-1802 , or unlawful use of means of transportation pursuant to section 13-1803 OR THEFT OF MEANS OF TRANSPORTATION PURSUANT TO SECTION 13-1814 .

B. If ordered by the court, the department shall restrict the person's privilege to drive between the person's home, school and place of employment during specified periods of time according to the person's school and employment schedule.

C. For the purposes of this section, "conviction" means a final conviction or judgment, including an order of the juvenile court finding that a juvenile violated any provision of this title or committed a delinquent act that if committed by an adult would constitute a criminal offense.

Sec. 20. Section 28-3473, Arizona Revised Statutes, is amended to read:

28-3473 . Driving violations; classification

A. Except as provided in subsection B or C of this section, a person who drives a motor vehicle on a public highway when the person's privilege to drive a motor vehicle is suspended, revoked, canceled or refused or when the person is disqualified from driving is guilty of a class 1 misdemeanor.

B. A person who drives a motor vehicle on a public highway when the person's privilege to drive a motor vehicle is restricted, suspended, revoked, disqualified, canceled or refused for a violation of section 28-1381, 28-1382 or 28-1383, under section 28-1385 or as a result of a conviction for an act in another state JURISDICTION that if committed in this state is a violation of section 28-1381, 28-1382 or 28-1383 is guilty of a class 1 misdemeanor and shall be sentenced to serve at least forty-eight consecutive hours in jail. A judge shall not grant probation, pardon, commutation or suspension of sentence or release on any basis other than on the condition that the person serve at least forty-eight consecutive hours in jail.

C. A person who drives a motor vehicle on a public highway when the person's privilege to do so is suspended pursuant to either section 28-1601 or 28-3308 is guilty of a class 1 misdemeanor. For a first conviction under this subsection, the court shall impose a fine of at least three hundred dollars, except that on proper evidence of payment of a civil penalty imposed by the court for the original civil violation that resulted in the suspension, the court shall impose a fine of at least fifty dollars. For a second or subsequent conviction under this subsection within one year after the date of the first conviction, the court shall impose a fine of at least five hundred dollars. A judge shall not grant probation to or suspend any part or all of the imposition or execution of a sentence required by this subsection, except on the condition that the person pay not less than the stated fine. A judge shall not dismiss an action brought under this subsection only because the defendant has paid the civil penalty that resulted in the suspension.

D. Except for a suspension pursuant to section 28-1601 or 28-3308, on receipt of a record of the conviction of a person under this section, the department shall:

1. Extend the period of the suspension for an additional like period but not more than one year from the date the person would otherwise be entitled to apply for a new license if the conviction was for a charge of driving a vehicle while the driver license privilege of the person was suspended.

2. Not issue a new license for an additional period of one year from and after the date the person otherwise would have been entitled to apply for a new license if the conviction was for a charge of driving while the driver license privilege was revoked.

E. If the department receives a record of the conviction of a person on a charge of driving a commercial motor vehicle while the person was disqualified from driving a commercial motor vehicle, the department shall promptly extend the period of the disqualification for not more than one year from the date the person would otherwise have been eligible to apply for a new commercial driver license as defined in section 28-3001.

F. If the department receives a record of the conviction of a person on a charge of driving a motor vehicle while the person's driver license privilege was cancelled, the department shall promptly suspend the person's driver license privilege for a period of not less than:

1. Three months for the first conviction.

2. Six months for a second or subsequent conviction.

Sec. 21. Section 36-425.03, Arizona Revised Statutes, is amended effective from and after June 30, 1999, to read:

36-425.03 . Fingerprinting personnel; children's behavioral health programs

A. A contract entered into between the department of health services and any contract provider of children's behavioral health services or any licensee providing children's behavioral health services shall provide that, as a condition of employment, personnel who are employed by the contract provider or licensee, whether paid or not, and who are required or allowed to provide services directly to juveniles shall have valid class one or class two fingerprint clearance cards issued pursuant to title 41, chapter 12, article 3.1 or shall apply for a class one or class two fingerprint clearance card within seven working days of employment. The contract shall further provide that the contract provider or licensee shall submit the certification required by subsection F of this section to the department of health services prior to performance of any job duties by the employee which require or allow the employee to provide services directly to juveniles without supervision.

B. The contractor or licensee shall assume the costs of fingerprint checks and may charge these costs to its fingerprinted personnel.

C. A service contract or license with any contract provider that involves the employment of persons who have contact with juveniles shall provide that the contract or license may be canceled or terminated immediately if a person certifies pursuant to subsections F and G of this section that the person is awaiting trial on or has been convicted of any of the offenses listed in subsections F and G of this section in this state or of acts committed in another state that would be offenses in this state or if the person does not possess or is denied issuance of a valid fingerprint clearance card.

D. A contract provider or licensee may avoid cancellation or termination of the contract or license under subsection C of this section if an employee who does not possess or has been denied issuance of a valid fingerprint clearance card or who certifies pursuant to subsections F and G of this section that the employee has been convicted of or is awaiting trial on any of the offenses listed in subsection F, paragraphs 1, 2, 3, 6, 7, 9, 15 through 18 and 21 of this section is immediately prohibited from employment or service with the contract provider or licensee in any capacity requiring or allowing contact with juveniles.

E. A contract provider or licensee may avoid cancellation or termination of the contract or license under subsection C of this section if an employee who does not possess or has been denied issuance of a valid fingerprint clearance card or who certifies pursuant to subsections F and G of this section that the employee has been convicted of or is awaiting trial on any of the offenses listed in subsection F, paragraphs 4, 5, 8, 10 through 14, 19, 20, 22 and 23 of this section is immediately prohibited from employment or service with the contract provider or licensee in any capacity requiring or allowing the employee to provide direct services to juveniles without direct visual supervision unless the employee is granted a good cause exception pursuant to section 41-619.55.

F. Personnel who are employed by a contract provider or licensee, whether paid or not, and who are required or allowed to provide services directly to juveniles shall certify on forms provided by the department of health services and notarized whether they are awaiting trial on or have ever been convicted of any of the following criminal offenses in this state or similar offenses in another state or jurisdiction:

1. Sexual abuse of a minor.

2. Incest.

3. First or second degree murder.

4. Kidnapping.

5. Arson.

6. Sexual assault.

7. Sexual exploitation of a minor.

8. Felony offenses involving contributing to the delinquency of a minor.

9. Commercial sexual exploitation of a minor.

10. Felony offenses involving sale, distribution or transportation of, offer to sell, transport or distribute or conspiracy to sell, transport or distribute marijuana, dangerous drugs or narcotic drugs.

11. Felony offenses involving the possession or use of marijuana, dangerous drugs or narcotic drugs.

12. Burglary.

13. Aggravated or armed robbery.

14. Robbery.

15. A dangerous crime against children as defined in section 13-604.01.

16. Child abuse.

17. Sexual conduct with a minor.

18. Molestation of a child.

19. Manslaughter.

20. Assault or aggravated assault.

21. Exploitation of minors involving drug offenses.

22. Driving under the influence of intoxicating liquor or drugs as prescribed in section 28-1381 or aggravated driving under the influence of intoxicating liquor or drugs as prescribed in section 28-1383.

22. A VIOLATION OF SECTION 28-1381, 28-1382 OR 28-1383.

23. Offenses involving domestic violence.

G. Personnel who are employed by any contract provider or licensee, whether paid or not, and who are required or allowed to provide services directly to juveniles shall certify on forms provided by the department of health services and notarized whether they have ever committed any act of sexual abuse of a child, including sexual exploitation and commercial sexual exploitation, or any act of child abuse.

H. Federally recognized Indian tribes or military bases may submit and the department of health services shall accept certifications that state that no personnel who are employed or who will be employed during the contract term and who provide services directly to juveniles have been convicted of, have admitted committing or are awaiting trial on any offense under subsection F of this section.

Sec. 22. Section 36-883.02, Arizona Revised Statutes, is amended effective from and after June 30, 1999, to read:

36-883.02 . Child care personnel; registration; fingerprints; exemptions; definition

A. Child care personnel shall register with the department in order to work in a child care facility.

B. Except as provided in subsections C and D of this section, child care personnel, including volunteers, shall submit the form prescribed in subsection E of this section to the department and shall have valid class one or class two fingerprint clearance cards issued pursuant to title 41, chapter 12, article 3.1 or shall apply for a class one or class two fingerprint clearance card within seven working days of employment OR BEGINNING VOLUNTEER WORK . Registration is conditioned on possessing or receiving a valid fingerprint clearance card.

C. Exempt from the fingerprinting requirements of subsection B of this section are parents, including foster parents and guardians, who are not employees of the child care facility and who participate in activities with their children under the supervision of and in the presence of child care personnel.

D. Applicants and employees fingerprinted in accordance with sections 15-512 and 15-534 are exempt from the fingerprinting requirements of subsection B of this section.

E. Child care personnel shall certify on forms that are provided by the department and notarized that:

1. They are not awaiting trial on or have never been convicted of or admitted in open court or pursuant to a plea agreement committing any of the following criminal offenses in this state or similar offenses in another state or jurisdiction:

(a) Sexual abuse of a minor.

(b) Incest.

(c) First or second degree murder.

(d) Kidnapping.

(e) Arson.

(f) Sexual assault.

(g) Sexual exploitation of a minor.

(h) Felony offenses involving contributing to the delinquency of a minor.

(i) Commercial sexual exploitation of a minor.

(j) Felony offenses involving sale, distribution or transportation of, offer to sell, transport or distribute or conspiracy to sell, transport or distribute marijuana, dangerous drugs or narcotic drugs.

(k) Felony offenses involving the possession or use of marijuana, dangerous drugs or narcotic drugs.

(l) Burglary.

(m) Aggravated or armed robbery.

(n) Robbery.

(o) A dangerous crime against children as defined in section 13-604.01.

(p) Child abuse.

(q) Sexual conduct with a minor.

(r) Molestation of a child.

(s) Manslaughter.

(t) Assault or aggravated assault.

(u) Exploitation of minors involving drug offenses.

(v) Driving under the influence of intoxicating liquor or drugs as prescribed in section 28-1381 or aggravated driving under the influence of intoxicating liquor or drugs as prescribed in section 28-1383.

(v) A VIOLATION OF SECTION 28-1381, 28-1382 OR 28-1383.

(w) Offenses involving domestic violence.

2. They are not parents or guardians of a child adjudicated to be a dependent child as defined in section 8-201.

3. They have not been denied a license to operate a facility for the care of children for cause in this state or another state or had a license or certificate to operate such a facility revoked.

F. Employers of child care personnel shall make documented, good faith efforts to contact previous employers of child care personnel to obtain information or recommendations that may be relevant to an individual's fitness for employment in a child care facility.

G. The notarized forms are confidential.

H. For the purposes of this section, "child care personnel" means any employee or volunteer working at a child care facility.

Sec. 23. Section 36-897.03, Arizona Revised Statutes, is amended effective from and after June 30, 1999, to read:

36-897.03 . Child care group homes; child care personnel; registration; fingerprints; definition

A. Child care personnel shall register with the department in order to work in a certified child care group home.

B. Child care personnel, including volunteers, shall submit the form prescribed in subsection C of this section to the department and shall have valid class one or class two fingerprint clearance cards issued pursuant to title 41, chapter 12, article 3.1 or shall apply for a class one or class two fingerprint clearance card within seven working days of employment OR BEGINNING VOLUNTEER WORK . Registration is conditioned on possessing or receiving a valid fingerprint clearance card.

C. Child care personnel shall certify on forms that are provided by the department and notarized that:

1. They are not awaiting trial on or have never been convicted of or admitted in open court or pursuant to a plea agreement committing any of the following criminal offenses in this state or similar offenses in another state or jurisdiction:

(a) Sexual abuse of a minor.

(b) Incest.

(c) First or second degree murder.

(d) Kidnapping.

(e) Arson.

(f) Sexual assault.

(g) Sexual exploitation of a minor.

(h) Felony offenses involving contributing to the delinquency of a minor.

(i) Commercial sexual exploitation of a minor.

(j) Felony offenses involving sale, distribution or transportation of, offer to sell, transport or distribute or conspiracy to sell, transport or distribute marijuana, dangerous drugs or narcotic drugs.

(k) Felony offenses involving the possession or use of marijuana, dangerous drugs or narcotic drugs.

(l) Burglary.

(m) Aggravated or armed robbery.

(n) Robbery.

(o) A dangerous crime against children as defined in section 13-604.01.

(p) Child abuse.

(q) Sexual conduct with a minor.

(r) Molestation of a child.

(s) Manslaughter.

(t) Assault or aggravated assault.

(u) Exploitation of minors involving drug offenses.

(v) Driving under the influence of intoxicating liquor or drugs as prescribed in section 28-1381 or aggravated driving under the influence of intoxicating liquor or drugs as prescribed in section 28-1383.

(v) A VIOLATION OF SECTION 28-1381, 28-1382 OR 28-1383.

(w) Offenses involving domestic violence.

2. They are not parents or guardians of a child adjudicated to be a dependent child as defined in section 8-201.

3. They have not been denied a certificate to operate a child care group home or a license to operate a child care facility for the care of children for cause in this state or another state or had a license to operate a child care facility or a certificate to operate a child care group home revoked.

D. The provider shall make documented, good faith efforts to contact previous employers of child care personnel to obtain information or recommendations which may be relevant to an individual's fitness to work in a certified child care group home.

E. The director may adopt rules prescribing the exclusion from child care group homes of individuals whose presence may be detrimental to the welfare of children.

F. The notarized forms are confidential.

G. For the purposes of this section, "child care personnel" means all employees of and persons who are eighteen years of age or older and who reside in a child care group home which is certified by the department.

Sec. 24. Section 36-3008, Arizona Revised Statutes, is amended effective from and after June 30, 1999, to read:

36-3008 . Shelters for victims of domestic violence; personnel; fingerprinting

A. Employees and volunteers of a shelter for victims of domestic violence, as defined in section 36-3001, shall have valid class one or class two fingerprint clearance cards issued pursuant to title 41, chapter 12, article 3.1 or shall apply for a class one or class two fingerprint clearance card within seven working days of employment OR BEGINNING VOLUNTEER WORK . Federally recognized Indian tribes or military bases may submit and the department shall accept certifications that state that no employees of a shelter for victims of domestic violence who are employed by a shelter and who provide services directly to victims of domestic violence have been convicted of, have admitted committing or are awaiting trial on any offense under subsection B, paragraph 1 of this section.

B. Personnel shall certify on forms that are provided by the department and notarized that:

1. They are not awaiting trial on and have never been convicted of or admitted committing any of the following criminal offenses in this state or similar offenses in another state or jurisdiction:

(a) Sexual abuse of a minor.

(b) Incest.

(c) First or second degree murder.

(d) Kidnapping.

(e) Arson.

(f) Sexual assault.

(g) Sexual exploitation of a minor.

(h) Felony offenses involving contributing to the delinquency of a minor.

(i) Commercial sexual exploitation of a minor.

(j) Felony offenses involving sale, distribution or transportation of, offer to sell, transport or distribute or conspiracy to sell, transport or distribute marijuana, dangerous drugs or narcotic drugs.

(k) Felony offenses involving the possession or use of marijuana, dangerous drugs or narcotic drugs.

(l) Burglary.

(m) Aggravated or armed robbery.

(n) Robbery.

(o) A dangerous crime against children as defined in section 13-604.01.

(p) Child abuse.

(q) Sexual conduct with a minor.

(r) Molestation of a child.

(s) Manslaughter.

(t) Assault or aggravated assault.

(u) Exploitation of minors involving drug offenses.

(v) Driving under the influence of intoxicating liquor or drugs as prescribed in section 28-1381 or aggravated driving under the influence of intoxicating liquor or drugs as prescribed in section 28-1383.

(v) A VIOLATION OF SECTION 28-1381, 28-1382 OR 28-1383.

(w) Offenses involving domestic violence.

2. They have not been denied a license to operate a shelter for cause in this state or another state or had a license to operate a shelter revoked.

C. The notarized forms are confidential.

D. The shelter shall make good faith efforts to contact previous employers to obtain information or recommendations which may be relevant to an individual's fitness to work in the shelter.

Sec. 25. Section 41-1758.03, Arizona Revised Statutes, is amended effective from and after June 30, 1999, to read:

41-1758.03 . Fingerprint clearance cards; issuance

A. On receiving the state and national criminal history record of a person, the division shall compare the record with the list of criminal offenses that preclude the person from receiving a class one fingerprint clearance card. If the person's criminal history record does not contain any of the offenses listed in subsections B and C of this section, the division shall issue the person a class one fingerprint clearance card.

B. A person who is awaiting trial on or who has been convicted of committing one or more of the following offenses in this state or similar offenses in another state or jurisdiction is precluded from receiving a class one fingerprint clearance card:

1. Sexual abuse of a minor.

2. Sexual abuse of a vulnerable adult.

3. Incest.

4. First or second degree murder.

5. Kidnapping.

6. Arson.

7. Sexual assault.

8. Sexual exploitation of a minor.

9. Sexual exploitation of a vulnerable adult.

10. Commercial sexual exploitation of a minor.

11. Commercial sexual exploitation of a vulnerable adult.

12. Felony offenses involving sale, distribution or transportation of, offer to sell, transport or distribute or conspiracy to sell, transport or distribute marijuana, dangerous drugs or narcotic drugs.

13. Robbery.

14. Child prostitution as prescribed in section 13-3212.

15. Child abuse.

16. Abuse of a vulnerable adult.

17. Sexual conduct with a minor.

18. Molestation of a child.

19. Molestation of a vulnerable adult.

20. Manslaughter.

21. Aggravated assault.

22. A dangerous crime against children as defined in section 13-604.01.

23. Exploitation of minors involving drug offenses.

24. Felony offenses involving contributing to the delinquency of a minor.

25. Taking a child for the purposes of prostitution as defined in section 13-3206.

C. A person who is awaiting trial on or who has been convicted of committing one or more of the following offenses is precluded from receiving a class one fingerprint clearance card, except that the person may petition the board of fingerprinting for a good cause exception hearing pursuant to section 41-619.55:

1. Endangerment.

2. Threatening or intimidating.

3. Assault.

4. Unlawfully administering intoxicating liquors, narcotic drugs or dangerous drugs.

5. Assault by prisoners with intent to incite a riot or participate in a riot.

6. Assault by vicious animals.

7. Drive by shooting.

8. Assaults on officers or fire fighters.

9. Discharging a firearm at a structure.

10. Indecent exposure.

11. Public sexual indecency.

12. Lewd and lascivious acts.

13. Criminal damage.

14. Aggravated criminal damage.

15. Theft.

16. Unlawful use of means of transportation.

17. Theft by extortion.

18. Shoplifting.

19. Unlawful failure to return rented property.

20. Issuing a bad check.

21. Forgery.

22. Criminal possession of a forgery device.

23. Obtaining a signature by deception.

24. Criminal impersonation.

25. Theft of a credit card or obtaining a credit card by fraudulent means.

26. Receipt of anything of value obtained by fraudulent use of a credit card.

27. Forgery of a credit card.

28. Fraudulent use of a credit card.

29. Possession of any machinery, plate or other contrivance or incomplete credit card.

30. False statement as to financial condition or identity to obtain a credit card.

31. Fraud by person authorized to provide goods or services.

32. Credit card transaction record theft.

33. Bribery of a public servant.

34. Trading in public office.

35. Commercial bribery.

36. Improper influence on a public officer or employee for consideration.

37. Misconduct involving weapons.

38. Misconduct involving explosives.

39. Depositing explosives.

40. Misconduct involving simulated explosive devices.

41. Concealed weapon violation.

42. Enticement of any persons for purposes of prostitution.

43. Procurement by false pretenses of any person for purposes of prostitution.

44. Procuring or placing persons in a house of prostitution.

45. Receiving earnings of a prostitute.

46. Causing one's spouse to become a prostitute.

47. Detention of persons in a house of prostitution for debt.

48. Keeping or residing in a house of prostitution or employment in prostitution.

49. Pandering.

50. Transporting persons for the purpose of prostitution or other immoral purposes.

51. Possession and sale of peyote.

52. Possession and sale of a vapor-releasing substance containing a toxic substance.

53. Sale of precursor chemicals.

54. Possession, use or sale of marijuana, dangerous drugs or narcotic drugs on school grounds or near schools.

55. Manufacture or distribution of an imitation controlled substance.

56. Manufacture or distribution of an imitation prescription-only drug.

57. Manufacture or distribution of an imitation over-the-counter drug.

58. Possession or possession with intent to use an imitation controlled substance.

59. Possession or possession with intent to use an imitation prescription-only drug.

60. Possession or possession with intent to use an imitation over-the-counter drug.

61. Manufacture of certain substances and drugs by certain means.

62. Adding poison or other harmful substance to food, drink or medicine.

63. Dropping objects from an overpass.

64. A criminal offense involving criminal trespass and burglary under title 13, chapter 15.

65. A criminal offense involving business and commercial frauds under title 13, chapter 22.

66. A criminal offense involving organized crime and fraud under title 13, chapter 23.

67. Child neglect.

68. Neglect of a vulnerable adult.

69. Misdemeanor offenses involving contributing to the delinquency of a minor.

70. Driving under the influence of intoxicating liquor or drugs as prescribed in section 28-1381 or aggravated driving under the influence of intoxicating liquor or drugs as prescribed in section 28-1383.

70. A VIOLATION OF SECTION 28-1381, 28-1382 OR 28-1383.

71. Offenses involving domestic violence.

D. Notwithstanding subsection C of this section, on receiving written notice from the board of fingerprinting that a good cause exception was granted pursuant to section 41-619.55, the division shall issue a class one fingerprint clearance card to the person.

E. If a person is precluded from receiving a class one fingerprint clearance card pursuant to subsection B or C of this section, the division shall compare the employee's criminal history record with the list of criminal offenses that preclude the person from receiving a class two fingerprint clearance card. If the person's criminal history record does not contain any of the offenses listed in subsections F and G of this section, the division shall issue the person a class two fingerprint clearance card.

F. A person who is awaiting trial on or who has been convicted of committing one or more of the following offenses in this state or similar offenses in another state or jurisdiction is precluded from receiving a class two fingerprint clearance card:

1. Sexual abuse of a minor.

2. Incest.

3. First or second degree murder.

4. Sexual assault.

5. Sexual exploitation of a minor.

6. Commercial sexual exploitation of a minor.

7. A dangerous crime against children as defined in section 13-604.01.

8. Child abuse.

9. Sexual conduct with a minor.

10. Molestation of a child.

11. Exploitation of minors involving drug offenses.

G. A person who is awaiting trial on or who has been convicted of committing one or more of the following offenses is precluded from receiving a class two fingerprint clearance card, except that the person may petition the board of fingerprinting for a good cause exception hearing pursuant to section 41-619.55:

1. Arson.

2. Felony offenses involving contributing to the delinquency of a minor.

3. Felony offenses involving sale, distribution or transportation of, offer to sell, transport or distribute or conspiracy to sell, transport or distribute marijuana, dangerous drugs or narcotic drugs.

4. Felony offenses involving the possession or use of marijuana, dangerous drugs or narcotic drugs.

5. Burglary.

6. Aggravated or armed robbery.

7. Robbery.

8. Kidnapping.

9. Manslaughter.

10. Assault or aggravated assault.

11. Driving under the influence of intoxicating liquor or drugs as prescribed in section 28-1381 or aggravated driving under the influence of intoxicating liquor or drugs as prescribed in section 28-1383.

11. A VIOLATION OF SECTION 28-1381, 28-1382 OR 28-1383.

12. Offenses involving domestic violence.

H. Notwithstanding subsection G of this section, on receiving written notice from the board of fingerprinting that a good cause exception was granted pursuant to section 41-619.55, the division shall issue a class two fingerprint clearance card to the person.

I. If the division denies a person's application for a class one or class two fingerprint clearance card pursuant to subsection C or G of this section and a good cause exception hearing is requested pursuant to section 41-619.55, the division shall release the person's criminal history record to the board of fingerprinting.

J. A person who has previously obtained a fingerprint clearance card and who has not been providing services for more than six consecutive months shall obtain a current fingerprint clearance card.

K. The licensee or contract provider shall assume the costs of fingerprint checks and may charge these costs to persons required to be fingerprinted.

L. A person who is under eighteen years of age or who is at least ninety-nine years of age is exempt from the fingerprint clearance card requirements of this section. At all times the person shall be under the direct visual supervision of personnel who have valid fingerprint clearance cards.

M. The division may conduct periodic state criminal history record checks for the purpose of updating the clearance status of current fingerprint clearance card holders and may notify the board of fingerprinting and the agency employing the person of the results of the records check.

N. The division shall revoke a person's fingerprint clearance card on receipt of a written request for revocation from the board of fingerprinting pursuant to section 41-619.55.

O. The division shall not issue a class one or class two fingerprint clearance card to a person if the division cannot determine, within fifteen business days after receipt of the person's state and federal criminal history record information, whether the person is awaiting trial on or has been convicted of committing any of the offenses listed in subsection B, C, F or G of this section.

P. The division is not liable for damages resulting from:

1. The issuance of a fingerprint clearance card to a person who is later found to have been ineligible to receive a fingerprint clearance card at the time the card was issued.

2. The denial of a fingerprint clearance card to a person who is later found to have been eligible to receive a fingerprint clearance card at the time issuance of the card was denied.

Q. The issuance of a class one or class two FINGERPRINT clearance card does not entitle a person to employment.

Sec. 26. Section 41-1964, Arizona Revised Statutes, is amended effective from and after June 30, 1999, to read:

41-1964 . Day care homes; child care personnel; fingerprints; definition

A. Child care personnel shall have valid class one or class two fingerprint clearance cards issued pursuant to title 41, chapter 12, article 3.1 OF THIS TITLE or shall apply for a class one or class two fingerprint clearance card no later than seven working days from the date of certification by the department or within seven working days after residing or working in the home of a child care home provider or being designated as a backup provider.

B. Before certification or within seven working days after residing or working in the home of a child care provider or being designated as a backup provider, child care personnel shall certify on forms that are provided by the department and notarized whether:

1. They are awaiting trial on or have been convicted of or admitted committing any of the following criminal offenses in this state or similar offenses in another state or jurisdiction:

(a) Sexual abuse of a minor.

(b) Incest.

(c) First or second degree murder.

(d) Kidnapping.

(e) Arson.

(f) Sexual assault.

(g) Sexual exploitation of a minor.

(h) Felony offenses involving contributing to the delinquency of a minor.

(i) Commercial sexual exploitation of a minor.

(j) Felony offenses involving sale, distribution or transportation of, offer to sell, transport or distribute or conspiracy to sell, transport or distribute marijuana, dangerous drugs or narcotic drugs.

(k) Felony offenses involving the possession or use of marijuana, dangerous drugs or narcotic drugs.

(l) Burglary.

(m) Aggravated or armed robbery.

(n) Robbery.

(o) A dangerous crime against children as defined in section 13-604.01.

(p) Child abuse.

(q) Sexual conduct with a minor.

(r) Molestation of a child.

(s) Manslaughter.

(t) Assault or aggravated assault.

(u) Exploitation of minors including INVOLVING drug offenses.

(v) Driving under the influence of intoxicating liquor or drugs as prescribed in section 28-1381 or aggravated driving under the influence of intoxicating liquor or drugs as prescribed in section 28-1383.

(v) A VIOLATION OF SECTION 28-1381, 28-1382 OR 28-1383.

(w) Offenses involving domestic violence.

2. They are parents or guardians of a child adjudicated to be a dependent child as defined in section 8-201.

3. They have been denied a license to operate a facility for the care of children for cause in this state or another state or had a license or certificate to operate such a facility revoked.

C. The department shall make documented, good faith efforts to contact previous employers of certified day care home personnel to obtain information or recommendations which may be relevant to an individual's fitness for work in a certified day care home.

D. The notarized forms are confidential.

E. For the purposes of this section, "child care personnel" means child care home providers, in-home providers and noncertified relative providers as defined in section 46-801 and designated backup providers and all persons who are eighteen years of age or older and who work or reside in the home of a child care home provider.

Sec. 27. Section 41-2814, Arizona Revised Statutes, is amended effective from and after June 30, 1999, to read:

41-2814 . Fingerprinting personnel; exception; definition

A. Personnel employed by the department at any state secure care facility in which committed youth are confined or any facility under contractual agreement with the department in which committed youth are confined shall, as a condition of employment, have valid class one or class two fingerprint clearance cards issued pursuant to title 41, chapter 12, article 3.1 OF THIS TITLE or shall apply for a class one or class two fingerprint clearance card within seven working days of employment. An employee shall submit the form prescribed in subsection F of this section to the department within seven working days after the date the employee begins work. Employment with the department is conditioned on possessing or receiving a valid fingerprint clearance card.

B. The department shall assume the costs of fingerprint checks and may charge these costs to its fingerprinted employee.

C. A service contract or license with any contract provider or licensee that involves the employment of persons who have direct contact with committed youth shall provide that the contract or license may be canceled or terminated immediately if a person certifies pursuant to subsection F of this section that the person is awaiting trial on or has been convicted of any of the offenses listed in subsection F of this section in this state or acts committed in another state that would be offenses in this state or if the person does not possess or is denied issuance of a valid fingerprint clearance card.

D. A contract provider or licensee may avoid cancellation or termination of the contract or license under subsection C of this section if a person who does not possess or has been denied issuance of a valid fingerprint clearance card or who certifies pursuant to subsection F of this section that the person has been convicted of or is awaiting trial on any of the offenses listed in subsection F, paragraphs 1, 2, 3, 6, 7, 9, 15 through 18 and 21 of this section is immediately prohibited from employment or service with the contract provider or licensee in any capacity requiring or allowing direct contact with committed youth.

E. A contract provider or licensee may avoid cancellation or termination of the contract or license under subsection C of this section if a person who does not possess or has been denied issuance of a valid fingerprint clearance card or who certifies pursuant to subsection F of this section that the person has been convicted of or is awaiting trial on any of the offenses listed in subsection F, paragraphs 4, 5, 8, 10 through 14, 19, 20, 22 and 23 of this section is immediately prohibited from employment or service with the contract provider or licensee in any capacity requiring or allowing direct contact with committed youth unless the employee is granted a good cause exception pursuant to section 41-619.55.

F. Personnel employed by the department and contract personnel who have direct contact with committed youth shall certify on forms provided by the department and notarized whether they are awaiting trial on or have ever been convicted of or committed any of the following criminal offenses in this state or similar offenses in another state or jurisdiction:

1. Sexual abuse of a minor.

2. Incest.

3. First or second degree murder.

4. Kidnapping.

5. Arson.

6. Sexual assault.

7. Sexual exploitation of a minor.

8. Felony offenses involving contributing to the delinquency of a minor.

9. Commercial sexual exploitation of a minor.

10. Felony offenses involving sale, distribution or transportation of, offer to sell, transport or distribute or conspiracy to sell, transport or distribute marijuana, dangerous drugs or narcotic drugs.

11. Felony offenses involving the possession or use of marijuana, dangerous drugs or narcotic drugs.

12. Burglary.

13. Aggravated or armed robbery.

14. Robbery.

15. A dangerous crime against children as defined in section 13-604.01.

16. Child abuse.

17. Sexual conduct with a minor.

18. Molestation of a child.

19. Manslaughter.

20. Assault or aggravated assault.

21. Exploitation of minors involving drug offenses.

22. Driving under the influence of intoxicating liquor or drugs as prescribed in section 28-1381 or aggravated driving under the influence of intoxicating liquor or drugs as prescribed in section 28-1383.

22. A VIOLATION OF SECTION 28-1381, 28-1382 OR 28-1383.

23. Offenses involving domestic violence.

G. The department shall make documented, good faith efforts to contact previous employers of personnel to obtain information or recommendations which may be relevant to an individual's fitness for employment.

H. For the purposes of this section, "employee" means paid and unpaid personnel who have direct contact with committed youth.

Sec. 28. Section 46-141, Arizona Revised Statutes, is amended effective from and after June 30, 1999, to read:

46-141 . Criminal history record information checks and fingerprinting of employees of the department and applicants

A. Each license granted by the department of economic security and each contract entered into between the department of economic security and any contract provider for the provision of services to juveniles shall provide that, as a condition of employment, personnel who are employed by the licensee or contractor, whether paid or not, and who are required or allowed to provide services directly to juveniles shall have a valid class one or class two fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1 or shall apply for a class one or class two fingerprint clearance card within seven working days of employment.

B. The licensee or contractor shall assume the costs of fingerprint checks and may charge these costs to its fingerprinted personnel. The department may allow all or part of the costs of fingerprint checks to be included as an allowable cost in a contract.

C. A service contract or license with any contract provider or licensee that involves the employment of persons who have contact with juveniles shall provide that the contract or license may be canceled or terminated immediately if a person certifies pursuant to subsections F and G of this section that the person is awaiting trial on or has been convicted of any of the offenses listed in subsections F and G of this section in this state or of acts committed in another state that would be offenses in this state or if the person does not possess or is denied issuance of a valid fingerprint clearance card.

D. A contract provider or licensee may avoid cancellation or termination of the contract or license under subsection C of this section if a person who does not possess or has been denied issuance of a valid fingerprint clearance card or who certifies pursuant to subsections F and G of this section that the person has been convicted of or is awaiting trial on any of the offenses listed in subsection F, paragraphs 1, 2, 3, 6, 7, 9, 15 through 18 and 21 of this section is immediately prohibited from employment or service with the contract provider or licensee in any capacity requiring or allowing contact with juveniles.

E. A contract provider or licensee may avoid cancellation or termination of the contract or license under subsection C of this section if a person who does not possess or has been denied issuance of a valid fingerprint clearance card or who certifies pursuant to subsections F and G of this section that the person has been convicted of or is awaiting trial on any of the offenses listed in subsection F, paragraphs 4, 5, 8, 10 through 14, 19, 20, 22 and 23 of this section is immediately prohibited from employment or service with the contract provider or licensee in any capacity requiring or allowing direct unsupervised contact with juveniles unless the person is granted a good cause exception pursuant to section 41-619.55.

F. Personnel who are employed by any contract provider or licensee, whether paid or not, and who are required or allowed to provide services directly to juveniles shall certify on forms provided by the department of economic security and notarized whether they are awaiting trial on or have ever been convicted of any of the following criminal offenses in this state or similar offenses in another state or jurisdiction:

1. Sexual abuse of a minor.

2. Incest.

3. First or second degree murder.

4. Kidnapping.

5. Arson.

6. Sexual assault.

7. Sexual exploitation of a minor.

8. Felony offenses involving contributing to the delinquency of a minor.

9. Commercial sexual exploitation of a minor.

10. Felony offenses involving sale, distribution or transportation of, offer to sell, transport or distribute or conspiracy to sell, transport or distribute marijuana, dangerous drugs or narcotic drugs.

11. Felony offenses involving the possession or use of marijuana, dangerous drugs or narcotic drugs.

12. Burglary.

13. Aggravated or armed robbery.

14. Robbery.

15. A dangerous crime against children as defined in section 13-604.01.

16. Child abuse.

17. Sexual conduct with a minor.

18. Molestation of a child.

19. Manslaughter.

20. Assault or aggravated assault.

21. Exploitation of minors involving drug offenses.

22. Driving under the influence of intoxicating liquor or drugs as prescribed in section 28-1381 or aggravated driving under the influence of intoxicating liquor or drugs as prescribed in section 28-1383.

22. A VIOLATION OF SECTION 28-1381, 28-1382 OR 28-1383.

23. Offenses involving domestic violence.

G. Personnel who are employed by any contract provider or licensee, whether paid or not, and who are required or allowed to provide services directly to juveniles shall certify on forms provided by the department of economic security and notarized whether they have ever committed any act of sexual abuse of a child, including sexual exploitation and commercial sexual exploitation, or any act of child abuse.

H. Federally recognized Indian tribes or military bases may submit and the department of economic security shall accept certifications that state that no personnel who are employed or who will be employed during the contract term have been convicted of, have admitted committing or are awaiting trial on any offense under subsection F of this section.

I. The department shall establish other appropriate classes of employees and applicants, whether paid or unpaid, for provision of contract services, licensing, certification or employment by the department or by any licensed agency or contract provider thereof required to submit to a criminal history record information check and fingerprinting as a requisite to their licensing, contract, certification or employment.

J. The special services unit of the department of economic security may use the department of public safety automated system to update all criminal history record information in order to ensure, to the maximum extent reasonably possible, complete disposition information. The department of economic security may deny employment or issuance or renewal of the contract or license applied for in these cases if it determines that the criminal history record information indicates that such employee, applicant or contractor is not qualified or suitable.

K. Volunteers who provide services to juveniles under the direct visual supervision of the contractor's or licensee's employees are exempt from the fingerprinting requirements of this section.

Sec. 29. Section 46-321, Arizona Revised Statutes, is amended effective from and after June 30, 1999, to read:

46-321 . Fingerprinting; affidavit

A. Sponsors except military bases and federally recognized Indian tribes receiving federal child care food program monies from the department of education shall register with the department of education in order to receive those monies, unless they are public schools, child care facilities licensed by the department of health services or child care homes certified by the department of economic security.

B. Sponsors except military bases and federally recognized Indian tribes receiving federal child care food program monies as provided in subsection A of this section shall require all child care providers to submit the form prescribed in subsection F of this section to the department of education and to have valid class one or class two fingerprint clearance cards issued pursuant to title 41, chapter 12, article 3.1 or to apply for a class one or class two fingerprint clearance card within seven working days of employment before they receive any of those monies.

C. Sponsors that are federally recognized Indian tribes or military bases may submit and the department shall accept certifications which state that no child care personnel employed or who will be employed during the contract term has been convicted of, has admitted to or is awaiting trial on any of the offenses listed in subsection F of this section or is the parent or guardian of a child adjudicated to be a dependent child as defined in section 8-201 or the parent or guardian of a child adjudicated a dependent child under similar provisions in another state or jurisdiction.

D. Sponsors that are federally recognized Indian tribes or military bases may submit and the department shall accept certifications which state that good faith efforts have been made to contact previous employers of tribal and military child care personnel.

E. The department of education shall charge sponsors receiving federal child care food program monies as provided in subsection A of this section for the costs of their fingerprint checks.

F. Sponsors receiving federal child care food program monies as provided in subsection A of this section shall require all child care personnel to certify on forms that are provided by the department of education and notarized that:

1. They are not awaiting trial on and have never been convicted of or admitted committing any of the following criminal offenses in this state or similar offenses in another state or jurisdiction:

(a) Sexual abuse of a minor.

(b) Incest.

(c) First or second degree murder.

(d) Kidnapping.

(e) Arson.

(f) Sexual assault.

(g) Sexual exploitation of a minor.

(h) Felony offenses involving contributing to the delinquency of a minor.

(i) Commercial sexual exploitation of a minor.

(j) Felony offenses involving sale, distribution or transportation of, offer to sell, transport or distribute or conspiracy to sell, transport or distribute marijuana, dangerous drugs or narcotic drugs.

(k) Felony offenses involving the possession or use of marijuana, dangerous drugs or narcotic drugs.

(l) Burglary.

(m) Aggravated or armed robbery.

(n) Robbery.

(o) A dangerous crime against children as defined in section 13-604.01.

(p) Child abuse.

(q) Sexual conduct with a minor.

(r) Molestation of a child.

(s) Manslaughter.

(t) Assault or aggravated assault.

(u) Exploitation of minors involving drug offenses.

(v) Driving under the influence of intoxicating liquor or drugs as prescribed in section 28-1381 or aggravated driving under the influence of intoxicating liquor or drugs as prescribed in section 28-1383.

(v) A VIOLATION OF SECTION 28-1381, 28-1382 OR 28-1383.

(w) Offenses involving domestic violence.

2. They are not parents or guardians of a child adjudicated to be a dependent child as defined in section 8-201.

3. They have not been denied a license to operate a facility for the care of children for cause in this state or another state or had a license or certificate to operate such a facility revoked.

G. Sponsors shall make documented, good faith efforts to contact previous employers of child care personnel who receive federal child care food program monies as provided in subsection A of this section to obtain information or recommendations which may be relevant to an individual's fitness for child care.

H. The notarized forms are confidential.

Sec. 30. Retroactivity

Section 28-1388, Arizona Revised Statutes, as amended by this act, applies retroactively to from and after November 30, 1998.

Sec. 31. Emergency

This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.

APPROVED BY THE GOVERNOR APRIL 1, 1999.

FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 2, 1999.