Assigned to JUD                                                                                                  FOR CAUCUS & FLOOR ACTION

ARIZONA STATE SENATE

Forty-seventh Legislature, Second Regular Session

AMENDED

FACT SHEET FOR H.B. 2208

license plate design

(NOW: motor vehicle accidents; unlawful operation)

Purpose

            Establishes the crimes of causing death by use of a vehicle and causing serious physical injury by use of a vehicle.  Establishes restitution for civil traffic violations.

Background

Vehicular Accidents

            According to the National Highway Traffic Safety Administration (NHTSA), Arizona is one of four states without a vehicle-specific homicide statute.  However, statute prescribes an enhanced civil penalty if a person is found responsible for violating statutes relating to turning left at an intersection, exercising due care, red lights, cross walks and stop and yield signs, and causes death or serious physical injury to another person (A.R.S. § 28-672).  Additionally, if the death or serious physical injury is charged as a criminal offense, the motor vehicle may be alleged as a dangerous instrument, which will provide for enhanced criminal penalties (A.R.S. § 13-604).

            According to NHTSA 2004 data, in Arizona, there were 1,150 traffic fatalities, averaging to 20.02 traffic fatalities per 100,000 persons, as compared to the national rate of 14.52 traffic fatalities per 100,000 persons.  Additionally, in Arizona, intersection fatalities comprised 19.2 percent of total fatalities, as opposed to the national rate of 10.9 percent.  Finally, NHTSA reports 160 nonmotorists were killed in Arizona in 2004 by traffic accidents, comprising 13.9 percent of the total fatalities compared to the national average of 12.9 percent.

Restitution

            Restitution is compensation or reparation for the loss caused to another (Black’s Law Dictionary).  In criminal cases, the court may award restitution to the criminal victim as part of the defendant’s sentence.  When a defendant is convicted for an offense causing economic loss to any person, the court, in its sole discretion, may order that all or any portion of the fine imposed be allocated as restitution to be paid by the defendant to any person who suffered an economic loss caused by the defendant’s conduct.  In ordering the restitution, the court must consider all losses caused by the criminal offense and it cannot consider the economic circumstances of the defendant in determining the amount of restitution.  Statute provides procedures for assessing and collecting criminal restitution payments (A.R.S. Title 13, Chapter 8).  However, statute does not provide for restitution for civil traffic violations.

            The fiscal impact associated with legislation is undeterminable.  Adding new criminal offenses to the criminal code may increase the workload of law enforcement, prosecutors, the courts and probation officers, as well as increase prison populations.

Provisions

Vehicular Accidents

1. Creates the crimes of causing death by use of a vehicle, a class 4 felony, and causing serious physical injury by use of a vehicle, a class 5 felony.

2. Establishes that a person commits causing death by use of a vehicle if all of the following apply:

a) the person is not permitted, for specific reasons, to operate a motor vehicle.

b) the person causes the death of another person while operating a motor vehicle.

c) the person commits a violation of statutes relating to turning left at an intersection, exercising due care, red lights, cross walks and stop signs.

3. Establishes that a person commits causing serious physical injury by use of a vehicle if all of the following apply:

a) the person is not permitted, for specific reasons, to operate a motor vehicle.

b) the person causes serious physical injury to another person while operating a motor vehicle.

c) the person commits a violation of statutes relating to turning left at an intersection, exercising due care, red lights, cross walks and stop signs.

4. Specifies, for purposes of the two new crimes, that a person is not permitted to operate a motor vehicle if any of the following apply:

a) the person’s driving privilege is revoked for any reason.

b) the person’s driving privilege is suspended for driving under the influence, failing to submit to a test for determining alcohol or drug concentration, a prior conviction of driving on a suspended license, being convicted of or adjudged to have violated traffic regulations with such a frequency that it indicates a disrespect for traffic laws and a disregard for the safety of other persons on the highways.

c) the person obtains a driver license by knowingly using a false or fictitious name, knowingly making a false statement, knowingly concealing a material fact, committing fraud, or committing perjury to obtain the license.

Restitution

5. Requires a person found responsible for a civil traffic violation that causes an accident resulting in economic loss due to serious physical injury or death to make restitution to the victim in the full amount of the economic loss, as determined by the court.

6. Establishes the following procedures that the court must following when awarding of restitution:

a) the court must consider all the losses caused by the civil traffic violation.

b) the court may order that all or any portion of the civil penalty imposed be allocated as restitution.

c) the court cannot consider the economic circumstances of the person found responsible for the civil traffic violation in determining the amount of restitution, but the court must consider them when determining the manner in which restitution is to be paid.

d) the court must specify the manner in which restitution is to be paid.

e) the court must take into account the views of the victim when determining the manner in which restitution is to be paid.

f) the court must ensure that all persons entitled to restitution receive prompt and full restitution.

g) the court must order the responsible person to pay the restitution to the victim and to any entity that provided compensation to the victim as reimbursement, but the victim’s restitution must be paid first.

h) he court must enter a specific restitution order for each person found responsible.

7. Specifies that if more than one person is found responsible for the restitution, the persons are jointly and severally liable.  Joint and several liability allows the entire restitution order against any one of the responsible parties.

8. Permits, and specifies procedures for, the court to conduct a hearing to adduce additional evidence concerning the amount of restitution or the manner in which the restitution should be paid.

9. Permits, and specifies procedures for, the responsible party to petition the court to alter the manner of restitution payment.

10. Creates a restitution lien against the responsible person and provides procedures for the victim to file the lien against the responsible party.

11. Establishes a priority scheme for which the restitution lien will be paid off by the responsible party.

12. Specifies that all monies that the state owes the responsible party, like a tax return, must be first assigned to satisfy the restitution order.

13. Defines “victim.”

Miscellaneous

14. Becomes effective on the general effective date.

Amendments Adopted by Committee

1. Adds the provisions relating to restitution.

2. Changes the names of the new crimes.

3. Makes technical and conforming changes.

House Action Senate Action

TRANS           2/23/06     DPA/SE     7-0-0-2                        JUD                 3/20/06     DPA     7-0-1-0

3rd Read         3/6/06                          52-3-5-0

Prepared by Senate Research

March 27, 2006

JE/jas