PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2208
(Reference to printed bill)
Strike everything after the enacting clause and insert:
"Section 1. Title 13, chapter 11, Arizona Revised Statutes, is amended by adding section 13-1106, to read:
13-1106. Accidents involving death; operation of motor vehicle; classification
A. A person is guilty of negligent homicide if all of the following apply:
1. The person is not permitted to operate a motor vehicle pursuant to subsection B of this section.
2. While operating a motor vehicle, The person causes the death of another person.
3. The person is found responsible for a violation of any of the following:
(a) Section 28-645, subsection A, paragraph 3, subdivision (a).
(b) Section 28-772.
(c) Section 28-792.
(d) Section 28-794.
(e) Section 28-797, subsection E or G.
(f) Section 28-855, subsection B.
B. For the purposes of this section, a person may not operate a motor vehicle if any of the following applies:
1. The person's driving privilege is revoked for any reason.
2. The person's driving privilege is suspended for a driving under the influence violation pursuant to title 28, chapter 4, article 3.
3. The person's driving privilege is suspended pursuant to section 28‑1321.
4. The person's driving privilege is suspended pursuant to the department's action based on a previous conviction for a violation of section 28-3473.
5. The person's driving privilege is suspended pursuant to section 28‑3306, subsection A, paragraph 3.
6. The person is not eligible for a driver license pursuant to title 28 and does one of the following to obtain a driver license:
(a) Knowingly uses a false or fictitious name.
(b) Knowingly makes a false statement.
(c) Knowingly conceals a material fact.
(d) Commits fraud.
(e) Violates section 28-3479.
C. Negligent homicide under this section is a class 4 felony.
Sec. 2. Title 28, chapter 3, article 4, Arizona Revised Statutes, is amended by adding section 28-675, to read:
28-675. Accidents involving serious physical injury; operation of motor vehicle; classification
A. A person is guilty of a class 5 felony if all of the following apply:
1. The person is not permitted to operate a motor vehicle pursuant to subsection B of this section.
2. while operating a motor vehicle, The person causes serious physical injury, as defined in section 13-105, to another person.
3. The person is found responsible for a violation of any of the following:
(a) Section 28-645, subsection A, paragraph 3, subdivision (a).
(b) Section 28-772.
(c) Section 28-792.
(d) Section 28-794.
(e) Section 28-797, subsection E or G.
(f) Section 28-855, subsection B.
B. For the purposes of this section, a person may not operate a motor vehicle if any of the following applies:
1. The person's driving privilege is revoked for any reason.
2. The person's driving privilege is suspended for a driving under the influence violation pursuant to chapter 4, article 3 of this title.
3. The person's driving privilege is suspended pursuant to section 28‑1321.
4. The person's driving privilege is suspended pursuant to the department's action based on a previous conviction for a violation of section 28-3473.
5. The person's driving privilege is suspended pursuant to section 28‑3306, subsection A, paragraph 3.
6. The person is not eligible for a driver license pursuant to this title and does one of the following to obtain a driver license:
(a) Knowingly uses a false or fictitious name.
(b) Knowingly makes a false statement.
(c) Knowingly conceals a material fact.
(d) Commits fraud.
(e) Violates section 28-3479."
Amend title to conform
ANDY BIGGS |