Assigned to JUD                                                                                                          AS PASSED BY THE SENATE

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.  Makes causing serious physical injury or death by a moving violation a class 3 misdemeanor, instead of a civil penalty, and caps criminal restitution for this offense at $10,000.

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 violates certain moving violations and the violation results in 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

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 felonies, 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. Criminalizes, as a class 3 misdemeanor, causing serious physical injury or death by a moving violation.

6. Specifies that the maximum fine for the person who commits causing serious physical injury or death by a moving violation is $1,000, instead of the $500 maximum fine for any other class 3 misdemeanor.

7. Limits the award of criminal restitution to $10,000 for causing serious physical injury or death by a moving violation.

8. Allows the court discretion in determining the amount of days a person’s driving privilege will be suspended for causing serious physical injury or death by a moving violation by permitting the driving privilege to be suspended for not more than 90 days if the violation results in serious physical injury and not more than 180 days if the violation results in death.

9. Permits the criminal charge for causing serious physical injury or death by a moving violation to be dismissed and the defendant discharged if the court acknowledges the victim’s receipt of satisfaction for injury.

10. Requires the court to set forth the reasons for the dismissal and discharge in a recorded order.

11. Prevents another prosecution for the same violation of causing serious physical injury or death by a moving violation if the misdemeanor is discharged.

12. Makes technical and conforming changes.

13. Repeals the following criminal statutes on January 1, 2011:

     (a)  causing serious physical injury or death by a moving violation.

     (b)  causing serious physical injury by use of a vehicle.

     (c)  causing death by use of a vehicle.

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.

Amendments Adopted by Committee of the Whole

1. Removes the portion of the Judiciary Committee amendment establishing restitution for civil traffic violations.

2. Adds the provisions related to the crime of causing serious physical injury or death by a moving violation.

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          3rd Read         5/16/06                  16-10-4-0

Prepared by Senate Research

May 19, 2006

JE/jas