Reference Title: accidents; deaths; community service (NOW: traffic violations; community service)

AN ACT
AMENDING SECTION 28-672, ARIZONA REVISED STATUTES, AS AMENDED BY LAWS 1999, CHAPTER 11, SECTION 5; AMENDING SECTIONS 28-693, 28-695, 28-702.01, 28-708, 28-1552, 28-3004 AND 28-3307, ARIZONA REVISED STATUTES; RELATING TO MOTOR VEHICLE VIOLATIONS.

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

Section 1. Section 28-672, Arizona Revised Statutes, as amended by Laws 1999, chapter 11, section 5, is amended to read:

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

A. 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, 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. IN ADDITION, THE COURT MAY ORDER THE PERSON TO PERFORM COMMUNITY SERVICE.

C. 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, 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. IN ADDITION, THE COURT MAY ORDER THE PERSON TO PERFORM COMMUNITY SERVICE.

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 C of this section, the suspension period prescribed in subsection B or D of this section shall run concurrently with the other suspension period.

F. IF A PERSON IS ORDERED TO PERFORM COMMUNITY SERVICE PURSUANT TO SUBSECTION B OR D OF THIS SECTION AND FAILS TO COMPLY WITH THE ORDER, THE COURT SHALL NOTIFY THE DEPARTMENT AND THE DEPARTMENT SHALL PROMPTLY SUSPEND THE DRIVER LICENSE OR PERMIT OF THE DRIVER OR THE PRIVILEGE OF A NONRESIDENT TO DRIVE A MOTOR VEHICLE IN THIS STATE UNTIL THE ORDER IS SATISFIED.

Sec. 2. Section 28-693, Arizona Revised Statutes, is amended to read:

28-693 . Reckless driving; classification; license; surrender

A. A person who drives a vehicle in reckless disregard for the safety of persons or property is guilty of reckless driving.

B. A person convicted of reckless driving is guilty of a class 2 misdemeanor.

C. In addition, the judge may require the surrender to the judge A POLICE OFFICER of any driver license of the convicted person and, on surrender of the license , shall forward REPORT THE CONVICTION to the department the abstract of conviction with an order of the court suspending AND MAY ORDER the driving privileges of the person TO BE SUSPENDED for a period of not more than ninety days. On receipt of the abstract of conviction and order, the department shall suspend the driving privilege of the person for the period of time ordered by the judge.

D. If a person who is convicted of a violation of this section has been previously convicted of a violation of this section, section 13-1102 or section 13-1103, subsection A, paragraph 1, in the driving of a vehicle, or section 28-708, 28-1381, 28-1382 or 28-1383 within a period of twenty-four months:

1. The person is guilty of a class 1 misdemeanor.

2. The person is not eligible for probation, pardon, suspension of sentence or release on any basis until the person has served not less than twenty days in jail.

3. The judge shall MAY require the surrender to the judge A POLICE OFFICER of any driver license of the convicted person and shall immediately forward the abstract of conviction to the department.

4. On receipt of the abstract of conviction, the department shall revoke the driving privilege of the person.

E. The dates of the commission of the offense are the determining factor in applying subsection D of this section. A second or subsequent violation for which a conviction occurs as provided in this section does not include a conviction for an offense arising out of the same series of acts. A judge shall not fail to secure the surrender to the judge of any license of a person for a second or subsequent conviction.

F. On pronouncement of a jail sentence under this section, the court may provide in the sentence that if the defendant is employed or attending school and can continue employment or school the defendant may continue the employment or school for not more than twelve hours per day nor more than five days per week and shall spend the remaining days or parts of days in jail until the sentence is served. The defendant shall be allowed out of jail only long enough to complete the defendant's actual hours of employment or school.

Sec. 3. Section 28-695, Arizona Revised Statutes, is amended to read:

28-695 . Aggressive driving; violation; classification; definition

A. A person commits aggressive driving if both of the following occur:

1. During a course of conduct the person commits a violation of either section 28-701, subsection A or section 28-701.02 and at least two of the following violations:

(a) Failure to obey traffic control devices as provided in section 28-644.

(b) Overtaking and passing another vehicle on the right by driving off the pavement or main traveled portion of the roadway as provided in section 28-724.

(c) Unsafe lane change as provided in section 28-729.

(d) Following a vehicle too closely as provided in section 28-730.

(e) Failure to yield the right-of-way as provided in article 9 of this chapter.

2. The person's driving is an immediate hazard to another person or vehicle.

B. A person convicted of aggressive driving is guilty of a class 1 misdemeanor.

C. In addition to any other penalty prescribed by law , the court shall :

1. Order A person convicted of a violation of this section to SHALL attend and successfully complete approved 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.

2. THE COURT SHALL forward the abstract of conviction to the department and may order the department to suspend the person's driving privilege for thirty days.

D. If a person who is convicted of a violation of this section has been previously convicted of a violation of this section within a period of twenty-four months:

1. The person is guilty of a class 1 misdemeanor.

2. In addition to any other penalty prescribed by law, the court shall forward the abstract of conviction to the department. On receipt of the abstract of conviction, the department shall revoke the driving privilege of the person for one year.

E. The dates of the commission of the offense determine whether subsection D of this section applies. A second or subsequent violation for which a conviction occurs as provided in this section does not include a conviction for an offense arising out OF the same series of acts.

F. For the purposes of this section "course of conduct" means a series of acts committed during a single, continuous period of driving.

Sec. 4. Section 28-702.01, Arizona Revised Statutes, is amended to read:

28-702.01 . Urbanized areas; waste of a finite resource; civil penalties

A. If the maximum speed limit on a public highway in this state is fifty-five miles per hour, a person shall not drive a motor vehicle at a speed in excess of fifty-five miles per hour on that highway. If the speed at which the person is alleged to have driven as provided in section 28-707, subsection A or the speed at which the court finds the person drove is sixty-five miles per hour or less, the offense is designated as the waste of a finite resource and is a civil traffic violation subject to the provisions of subsection B of this section.

B. If a person is found responsible for a civil traffic violation pursuant to subsection A of this section:

1. A department or agency of this state shall not consider the violation for the purpose of determining whether the person's driver license should be suspended or revoked and a court shall not transmit abstracts of records of conviction JUDGMENT for the violation to the department.

2. An insurer shall not consider the violation as a moving traffic violation against the person for the purpose of establishing rates of motor vehicle insurance charged by the insurer and shall not cancel or refuse to renew a policy of insurance because of the violation.

3. The civil penalty shall not exceed fifteen dollars plus the penalty assessments imposed pursuant to sections 12-116.01 and 12-116.02.

4. A report shall not be made under section 28-1559, subsection B.

C. If the maximum speed limit on a public highway in this state is fifty-five miles per hour, a person shall not drive a motor vehicle at a speed in excess of fifty-five miles per hour on that highway. If the speed at which the person is alleged to have driven as provided in section 28-707, subsection A or the speed at which the court finds the person drove is more than sixty-five miles per hour, the offense is designated as a civil traffic violation and the person is subject to a civil penalty of not more than the amount provided in section 28-1598.

D. This section does not apply to an interstate system highway located outside of an urbanized area, as defined in section 28-702.04, with a population of fifty thousand or more persons.

Sec. 5. Section 28-708, Arizona Revised Statutes, is amended to read:

28-708 . Racing on highways; classification; exception; definitions

A. A person shall not drive a vehicle or participate in any manner in a race, speed competition or contest, drag race or acceleration contest, test of physical endurance or exhibition of speed or acceleration or for the purpose of making a speed record on a street or highway.

B. A person who violates this section is guilty of a class 2 misdemeanor. If a person is convicted of a second or subsequent violation within twenty-four months of a first conviction, the person is guilty of a class 2 misdemeanor and is not eligible for probation, pardon, suspension of sentence or release on any other basis until the person has served not less than ten days in jail.

C. On pronouncement of a jail sentence under this section and in cases of extreme hardship, the court may provide in the sentence that if the defendant is employed or attending school and can continue employment or school the defendant may continue the employment or school for not more than twelve hours per day nor more than five days per week, and the defendant shall spend the remaining days or parts of days in jail until the sentence is served. The court may allow the defendant to be out of jail only long enough to complete the defendant's actual hours of employment or school.

D. If a person is convicted of violating this section, the judge may , on a first conviction, and shall, on a second or subsequent conviction for an offense committed within a period of twenty-four months, require the surrender to the judge A POLICE OFFICER of any driver license of the person and immediately forward the abstract of conviction to the department. On a first conviction, the judge may order the suspension of the driving privileges of the person for a period of not more than ninety days. In the case of a first conviction and on receipt of the abstract of conviction and order of the court, the department shall suspend the driving privileges of the person for the period of time ordered by the judge. In the case of a second or subsequent conviction for an offense committed within a period of twenty-four months and on receipt of the abstract of conviction, the department shall revoke the driving privileges of the person.

E. The director may authorize in writing an organized and properly controlled event to utilize a highway or part of a highway even though it is prohibited by this section. The authorization shall specify the time of the event, the highway or part of a highway to be utilized and any special conditions the director may require for the particular event.

F. For the purposes of this section:

1. "Drag race" means either:

(a) The operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other.

(b) The operation of one or more vehicles over a common selected course and from the same point for the purpose of comparing the relative speeds or power of acceleration of the vehicle or vehicles within a certain distance or time limit.

2. "Racing" means the use of one or more vehicles in an attempt to outgain or outdistance another vehicle or prevent another vehicle from passing.

Sec. 6. Section 28-1552, Arizona Revised Statutes, is amended to read:

28-1552 . Jurisdiction of municipal and justice courts

A. Each Municipal court established by or within an incorporated city or town has COURTS and every justice court has COURTS HAVE concurrent jurisdiction over all civil and criminal violations of chapters 3 , and 4 , 7, 8, 9 AND 10 of this title and this chapter that are committed within their respective boundaries by persons eighteen years of age or older.

B. Municipal courts and justice courts have concurrent jurisdiction over civil traffic violations committed within their respective boundaries by persons under eighteen years of age if the presiding judge of the superior court in the county declined jurisdiction pursuant to section 8-202.

Sec. 7. Section 28-3004, Arizona Revised Statutes, is amended to read:

28-3004 . License records

A. The department shall file an application for a license and shall maintain suitable indexes containing, in alphabetical order:

1. Each application denied, with a note on each application of the reason for the denial.

2. Each application granted.

3. Except as provided in subsection B of this section, the name of each licensee whose license has been suspended or revoked by the department, with a note after each name of the reason for the action.

B. The director shall expunge from the public records maintained by the department a note of a suspension or revocation made pursuant to section 28-1385 if, after the suspension or revocation period, the licensee submits a certified copy of the court record indicating a dismissal or finding of not guilty of the violation on which the suspension or revocation is based. The director shall not expunge the record or shall rescind the expungement of the record if the licensee is convicted of or found responsible for a violation of chapter 3, 4 or 5 of this title that occurred during the suspension or revocation period or if the licensee's driver license or permit is suspended pursuant to section 28-1321 or suspended and restricted pursuant to section 28-1385 during the suspension or revocation period.

C. The department shall file all abstracts of court records of convictions AND JUDGMENTS it receives under the laws of this state and shall maintain convenient records of the abstracts or make suitable notations on the abstracts in order that an individual record of each licensee showing the convictions AND JUDGMENTS of the licensee and the traffic accidents in which the licensee has been involved is readily ascertainable and available for the consideration of the department on an application for renewal of a license and at other suitable times.

D. The department shall maintain the records pursuant to this section for five years after the application, suspension, revocation or abstract of a court record of conviction OR JUDGMENT has become inactive.

Sec. 8. Section 28-3307, Arizona Revised Statutes, is amended to read:

28-3307 . Order to complete traffic survival school training and educational sessions; training fee

A. If the department orders a licensee IS REQUIRED to attend and successfully complete approved TRAFFIC SURVIVAL SCHOOL training and educational sessions designed to improve the safety and habits of drivers pursuant to section 28-672, 28-695 OR 28-3306, the department shall indicate on the computer record that the licensee is required to complete training and educational sessions.

B. On successful completion of the TRAFFIC SURVIVAL SCHOOL training and educational sessions, the department shall record satisfaction of the requirement on the licensee's computer record.

C. Governmental agencies, corporations or other individuals that conduct TRAFFIC SURVIVAL SCHOOL training and educational sessions approved by the department may collect a fee that is reasonable and commensurate for the training but not more than twenty-five dollars.

APPROVED BY THE GOVERNOR APRIL 28, 1999.

FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 28, 1999.