ARIZONA STATE SENATE
Forty-seventh Legislature, Second Regular Session
FACT SHEET FOR H.B. 2208
license plate design
(NOW: motor vehicle accidents; unlawful operation)
Purpose
Establishes the crimes of vehicular homicide and vehicular assault.
Background
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 non-motorists 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.
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
1. Creates the crimes of vehicular homicide, a class 4 felony, and vehicular assault, a class 5 felony.
2. Establishes that a person commits vehicular homicide 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 and yield signs.
3. Establishes that a person commits vehicular homicide 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 and yield signs.
4. Specifies, for purposes of vehicular homicide and vehicular assault, 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.
5. Becomes effective on the general effective date.
House Action
TRANS 2/23/06 DPA/SE 7-0-0-2
3rd Read 3/6/06 52-3-5-0
Prepared by Senate Research
March 16, 2006
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