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House Engrossed Senate Bill |
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State of Arizona Senate Forty-sixth Legislature Second Regular Session 2004
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CHAPTER 261
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SENATE BILL 1231 |
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AN ACT
amending sections 28-649 and 28-672, Arizona Revised Statutes; relating to traffic regulation.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-649, Arizona Revised Statutes, is amended to read:
28-649. Interference with official traffic control device or railroad sign or signal
A. A person shall not attempt without lawful authority to or in fact alter, deface, injure, knock down or remove an official traffic control device, a railroad sign or signal or an inscription, shield or insignia on any device, sign or signal or any part of the device, sign or signal.
B. A person shall not possess a traffic preemption emitter unless the person is authorized to possess a traffic preemption emitter within the course and scope of the person's duties with a law enforcement agency, fire department, ambulance service or agency of the federal government, this state or a political subdivision of this state.
C. For the purposes of this section, "traffic preemption emitter" means strobe, strobe light or any device that is capable of changing the display of any traffic control device used to control the movement of vehicles, bicycles or pedestrians.
D. A person who violates this section is guilty of a class one misdemeanor.
Sec. 2. Section 28-672, Arizona Revised Statutes, 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 28-792.
4. Section 28-794.
5. Section 28-797, subsection E or G.
3. 6. Section 28‑855, subsection B.
B. 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 28-792.
4. Section 28-794.
5. Section 28-797, subsection E or G.
3. 6. Section 28‑855, subsection B.
D. A person who violates subsection C of this section is subject to shall pay 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 fails to successfully complete traffic survival school training and educational sessions or perform community service pursuant to subsection B or D of this section, 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.
APPROVED BY THE GOVERNOR MAY 25, 2004.
FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 25, 2004.