Senate Engrossed

 

 

 

State of Arizona

Senate

Fiftieth Legislature

Second Regular Session

2012

 

 

SENATE BILL 1163

 

 

 

AN ACT

 

Amending sections 28-661 and 28-3315, Arizona Revised Statutes; relating to vehicle accidents.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 



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

Section 1.  Section 28-661, Arizona Revised Statutes, is amended to read:

START_STATUTE28-661.  Accidents involving death or physical injuries; failure to stop; classification; driver license revocation

A.  The driver of a vehicle involved in an accident resulting in injury to or death of a person shall:

1.  Immediately stop the vehicle at the scene of the accident or as close to the accident scene as possible but shall immediately return to the accident scene.

2.  Remain at the scene of the accident until the driver has fulfilled the requirements of section 28‑663.

B.  A driver who is involved in an accident resulting in death or serious physical injury as defined in section 13‑105 and who fails to stop or to comply with the requirements of section 28‑663 is guilty of a class 3 felony, except that if a driver caused the accident the driver is guilty of a class 2 felony.

C.  A driver who is involved in an accident resulting in an injury other than death or serious physical injury as defined in section 13‑105 and who fails to stop or to comply with the requirements of section 28‑663 is guilty of a class 5 felony.

D.  The sentence imposed on a person for a conviction under this section shall run consecutively to any sentence imposed on the person for other convictions on any other charge related to the accident.

E.  The department shall revoke the license or permit to drive and any nonresident operating privilege of a person convicted pursuant to subsection B of this section for as follows:

1.  For an accident resulting in serious physical injury, five years, not including any time that the person is incarcerated.

2.  For an accident resulting in death, ten years, not including any time that the person is incarcerated.

F.  Five or more years after the revocation period has begun pursuant to subsection E, paragraph 2 of this section, not including any time that the person is incarcerated, a person may apply to the department for a restricted privilege to drive as described in section 28‑3473, subsection B.  The department may issue a restricted privilege to drive as described in section 28‑3473, subsection B if the department finds both of the following:

1.  The person is not convicted of any offense involving the operation of a motor vehicle while the person's driving privilege is revoked.

2.  The person has paid full restitution as ordered by the court.

F.  G.  The department shall revoke the license or permit to drive and any nonresident operating privilege of a person convicted pursuant to subsection C of this section for three years. END_STATUTE

Sec. 2.  Section 28-3315, Arizona Revised Statutes, is amended to read:

START_STATUTE28-3315.  Period of suspension, revocation or disqualification; unlicensed drivers

A.  The department shall not suspend, revoke or disqualify a driver license or privilege to drive a motor vehicle on the public highways for more than one year from the date of a conviction or judgment, if any, against a person for which this chapter makes revocation, suspension or disqualification mandatory or from the date the notice is sent pursuant to section 28‑3318 if no conviction was involved, except as permitted under subsection E of this section and sections 28‑3312, 28‑3319 and 28‑3320.

B.  A person whose license or privilege to drive a motor vehicle on the public highways has been revoked may apply for a new license as provided by law after the cause of the revocation is removed or after expiration of the revocation period prescribed by law.  After the department investigates an applicant's driving record in this state or another state by examining department records or other sufficient evidence to determine that all withdrawal actions are complete, that the applicant has not committed any traffic violations within twelve months preceding application and that all other statutory requirements are satisfied, the department may issue a new license.

C.  The department shall not accept an application for reinstatement of a driver license until after the twelve month period prescribed in subsection B of this section has elapsed.

D.  If the revocation is related to alcohol or other drugs, the person shall provide the department with a current evaluation from a physician licensed pursuant to title 32, chapter 13, 17 or 29, a psychologist licensed pursuant to title 32, chapter 19.1 or a substance abuse counselor as defined in section 28‑3005 indicating that, in the opinion of the physician, psychologist or counselor, the condition does not affect or impair the person's ability to safely operate a motor vehicle.  For the purposes of reinstating a license or driving privilege pursuant to this article, the department may rely on the opinion of a physician licensed pursuant to title 32, chapter 13, 17 or 29, a psychologist licensed pursuant to title 32, chapter 19.1 or a substance abuse counselor as defined in section 28‑3005.

E.  Notwithstanding subsections A and B of this section:

1.  A person whose license or privilege to drive is revoked pursuant to section section 28‑3304, subsection A, paragraph 1 or 12 is not entitled to have the person's license or privilege renewed or restored for three years.

2.  A person whose license or privilege to drive is revoked pursuant to section 13‑1209 is not entitled to have the person's license or privilege renewed or restored for the period of time ordered by the court.

3.  If a person whose license, permit or privilege to drive is revoked pursuant to section 28‑661, subsection E is not entitled to have the person's license, permit or privilege may not be renewed or restored for five years except as prescribed by section 28-661, subsections E and F.

4.  A person whose license, permit or privilege to drive is revoked pursuant to section 28‑661, subsection F  g is not entitled to have the person's license, permit or privilege renewed or restored for three years.

F.  If an unlicensed driver commits an offense for which a driver license could be suspended, revoked or disqualified, the department shall not accept the unlicensed driver's application for a driver license for a period equal to the period of time that applies to a driver with a license.  If the offense is one for which a driver license could be revoked, the department shall not accept the unlicensed driver's application for a driver license unless it investigates the character, habits and driving ability of the person and is satisfied that it is safe to grant the privilege of driving a motor vehicle on the public highways.

G.  The expiration of a person's license during the period of time it is under suspension, revocation or disqualification does not invalidate or terminate the suspension, revocation or disqualification.

H.  A person whose license or privilege to drive a motor vehicle on the public highways has been suspended pursuant to section 28‑3306, subsection A, paragraph 5 or section 28‑3314 may apply for a new license as provided by law after the cause for suspension is removed or after expiration of the suspension period prescribed by law if both of the following conditions are met:

1.  The department is satisfied, after reviewing the medical condition and driving ability of the person, that it is safe to grant the person the privilege of driving a motor vehicle on the public highways.

2.  If the person has a medical condition related to alcohol or other drugs, the person provides the department with a current evaluation form from a physician licensed pursuant to title 32, chapter 13, 17 or 29, a psychologist licensed pursuant to title 32, chapter 19.1 or a substance abuse counselor as defined in section 28‑3005 indicating that, in the opinion of the physician, psychologist or counselor, the condition does not affect or impair the person's ability to operate a motor vehicle in a safe manner.

Sec. 3.  Short title

This act may be cited as "Joey's Law" in memory of Joey Romero who lost his life to a hit and run driver in 2010.