HB2424 - 492R

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

Section 1. Section 12-114, Arizona Revised Statutes, is amended to read:

START_STATUTE12-114. Surcharge on court authorized diversion programs for traffic offenses; deposit

A. If a court authorizes individuals charged with civil or criminal traffic offenses to attend a court authorized diversion program, including a defensive driving school program, it shall require the assessment of a five dollar surcharge on the fees charged by such court authorized diversion programs.

B. A the supreme court or a court authorized diversion program shall collect the five dollar surcharge and remit transfer the surcharge to the supreme court which shall state treasurer for deposit, pursuant to sections 35‑146 and 35‑147, the surcharge in the judicial collection enhancement fund. END_STATUTE

Sec. 2. Section 28-3393, Arizona Revised Statutes, is amended to read:

START_STATUTE28-3393. Defensive driving school attendance; notice requirements; discrimination prohibited

A. Except as provided in subsection B, an eligible individual who elects to may attend a supreme court certified defensive driving school at any time before the court arraignment date. shall attend one of the following within the time allowed by the court:

1. A defensive driving school that is certified by the supreme court and complies with the court automation and reporting requirements pursuant to subsections B and C.

2. On application to the court and on the showing of reasonable justification by the individual, another supreme court certified defensive driving school. Reasonable justification includes the fact that the individual resides in another area and that attendance at any of the defensive driving schools that comply with the court automation and reporting requirements creates a hardship on the individual.

B. On the expiration of all contracts that are in existence on July 1, 2007 between the court and a defensive driving school provider, an eligible individual who elects to attend a defensive driving school may attend any supreme court certified defensive driving school that complies with the court automation and reporting requirements. For the purposes of this subsection, the renewal of any contract between a court and a defensive driving school after July 1, 2007, shall be considered a new contract.

C. A court may adopt requirements for a school to electronically report school completions and to transfer funds, subject to the approval of the defensive driving board.

D. C. A law enforcement officer or a jurisdiction issuing a civil traffic citation to an individual shall provide notice to the individual that if eligible, the individual may attend any supreme court certified defensive driving school subject to subsection B. The notice shall include a supreme court website or a toll-free telephone number that is maintained by the supreme court and that facilitates an eligibility check of the individual and the collection of state and court fees for an individual who chooses to attend defensive driving school.

E. D. A court shall not promote or favor any supreme court certified defensive driving school over another, except that the notice provided pursuant to subsection D may exclude a school that does not comply with the court's automation and reporting requirements pursuant to subsections B and C. END_STATUTE

Sec. 3. Section 28-3394, Arizona Revised Statutes, is amended to read:

START_STATUTE28-3394. Successful course completion

A. If an eligible individual successfully completes the course at a defensive driving school:

1. The court shall dismiss the civil or criminal traffic citation for which the individual attended the school.

2. The department shall not include a record of the civil or criminal traffic citation for which the individual attended the school on the individual's driving record.

B. The dismissal of a civil or criminal traffic citation pursuant to this section does not preclude the introduction of evidence pertaining to the issuance of the citation in a civil or criminal proceeding.

C. At any time before the court arraignment date, if an eligible individual fails to satisfy the requirements of a defensive driving course, the individual may choose to retake the course through any supreme court certified defensive driving school in either a classroom or alternative delivery format. END_STATUTE

Sec. 4. Section 28-3395, Arizona Revised Statutes, is amended to read:

START_STATUTE28-3395. Supreme court authority and duties; rules; record

A. The supreme court may contract with a public or private agency that does not provide defensive driving schools in this state pursuant to this article to provide assistance in carrying out the duties of this article.

B. The supreme court shall:

1. Supervise the use of defensive driving schools by the courts in this state.

2. Make public the amount of the court diversion fee assessed by each court courts in this state pursuant to this article and the total cost to attend a defensive driving school in each court.

3. Establish an automated statewide database for keeping a record of persons who attend a defensive driving school.

4. Adopt rules that establish criteria for the certification of qualified defensive driving schools and instructors used by the courts.

5. Establish procedures for the supreme court to directly verify an individual's eligibility to attend a defensive driving school course.

6. Establish procedures for eligible individuals who choose to attend a defensive driving school course to manually or electronically submit court diversion and state fees directly to the supreme court.

7. Establish procedures to assign a defensive driving school confirmation code to eligible individuals who have paid all court and state fees. The code shall be provided by the individual to the supreme court certified defensive driving school that the individual chooses.

8. Establish procedures for a SUPREME court certified defensive driving school to electronically validate a defensive driving school confirmation code. The validation shall occur before the enrollment of an individual in a defensive driving school course.

5. 9. Establish procedures for courts and schools to remit reports that are required by the supreme court.

6. 10. Certify and monitor both in‑state and out‑of‑state defensive driving schools and instructors that serve as a court authorized diversion program.

7. 11. Require that a defensive driving school class not exceed a total of four and one-half hours, including any testing, reviewing and grading related to the defensive driving school class provide a minimum of four hours of instruction. Due to the self‑paced nature of courses delivered via an alternative delivery method, there is no maximum time limit on a defensive driving school course.

12. Require that a defensive driving school charge an enrollment fee of not less than thirty dollars and not more than seventy‑five dollars.

C. The information contained in the database required by this section is not a public record.

D. A member of the defensive driving board who is also a supreme court certified defensive driving school owner or instructor shall not at any time discuss or participate in a disciplinary action against another certified defensive driving school or instructor. END_STATUTE

Sec. 5. Section 28-3396, Arizona Revised Statutes, is amended to read:

START_STATUTE28-3396. Court diversion fee

A. The presiding judge of each supreme court shall:

1. Set the amount of the court diversion fee that an individual who attends a defensive driving school may be assessed.

2. Charge an individual a forty‑five dollar surcharge if the individual attends a defensive driving school.

3. Immediately inform the supreme court in writing of the amount of the court diversion fee that is established for the court and the total cost to attend a defensive driving school.

4. Immediately inform the supreme court in writing of any changes in the total cost to attend a defensive driving school. collect an eighty dollar court diversion fee on behalf of the court from each individual who attends a defensive driving school. The supreme court shall forward the fee to the appropriate court pursuant to procedures established by the supreme court.

B. Payment of the court diversion fee and surcharge is in lieu of payment of a civil penalty or criminal fine and any surcharge that are is imposed for a traffic violation.

C. The driving school shall collect the court diversion fee and surcharge before or at the time an individual attends the school. On receipt of the diversion fee, the defensive driving school shall transmit the fee promptly to the appropriate court pursuant to procedures prescribed by the supreme court. On receipt of the surcharge, the defensive driving school shall transmit the surcharge promptly to the state treasurer for deposit, pursuant to sections 35‑146 and 35‑147, as follows:

1. The first ten million four hundred thousand dollars in revenue annually in the crime laboratory operations fund established by section 41‑1772.

2. All remaining money in the state general fund. END_STATUTE

Sec. 6. Section 28-3397, Arizona Revised Statutes, is amended to read:

START_STATUTE28-3397. Additional fees; disposition

A. In addition to the court diversion fee and the fee for the cost to attend a defensive driving school, a person who attends a defensive driving school pursuant to this article or by a court order shall pay a fee of not more than fifteen dollars that is established by the supreme court.

B. Before or at the time an individual attends a defensive driving school, the school supreme court shall collect the defensive driving school fund fee established pursuant to this section and the fee, if any, charged by the defensive driving school for the course.

C. The defensive driving school shall transmit the fee established by the supreme court pursuant to this section to the supreme court. The supreme court shall deposit the fee in the defensive driving school fund established by section 28‑3398 pursuant to procedures established by the supreme court. END_STATUTE

Sec. 7. Repeal

Section 41-1772, Arizona Revised Statutes, is repealed.