State of Arizona
House of Representatives
Second Regular Session
HOUSE BILL 2241
amending sections 13-107 and 28-672, Arizona Revised Statutes; relating to accidents.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-107, Arizona Revised Statutes, is amended to read:
13-107. Time limitations
A. A prosecution for any homicide, any offense that is listed in chapter 14 or 35.1 of this title and that is a class 2 felony, any violent sexual assault pursuant to section 13‑1423, any violation of section 13‑2308.01, any misuse of public monies or a felony involving falsification of public records or any attempt to commit an offense listed in this subsection may be commenced at any time.
B. Except as otherwise provided in this section and section 28-672, prosecutions for other offenses must be commenced within the following periods after actual discovery by the state or the political subdivision having jurisdiction of the offense or discovery by the state or the political subdivision that should have occurred with the exercise of reasonable diligence, whichever first occurs:
1. For a class 2 through a class 6 felony, seven years.
2. For a misdemeanor, one year.
3. For a petty offense, six months.
C. For the purposes of subsection B of this section, a prosecution is commenced when an indictment, information or complaint is filed.
D. The period of limitation does not run during any time when the accused is absent from the state or has no reasonably ascertainable place of abode within the state.
E. The period of limitation does not run for a serious offense as defined in section 13‑706 during any time when the identity of the person who commits the offense or offenses is unknown.
F. The time limitation within which a prosecution of a class 6 felony shall commence shall be determined pursuant to subsection B, paragraph 1 of this section, irrespective of whether a court enters a judgment of conviction for or a prosecuting attorney designates the offense as a misdemeanor.
G. If a complaint, indictment or information filed before the period of limitation has expired is dismissed for any reason, a new prosecution may be commenced within six months after the dismissal becomes final even if the period of limitation has expired at the time of the dismissal or will expire within six months of the dismissal.
Sec. 2. Section 28-672, Arizona Revised Statutes, is amended to read:
28-672. Causing serious physical injury or death by a moving violation; time limitation; penalties; classification; definition
A. A person is guilty of causing serious physical injury or death by a moving violation if the person violates any one of the following and the violation results in an accident causing serious physical injury or death to another person:
1. Section 28‑645, subsection A, paragraph 3, subdivision (a).
2. Section 28‑729.
3. Section 28‑771.
4. Section 28‑772.
5. Section 28‑773.
6. Section 28‑792.
7. Section 28‑794.
8. Section 28‑797, subsection F, G, H or I.
9. Section 28‑855, subsection B.
10. Section 28‑857, subsection A.
B. A person who violates this section shall attend and successfully complete traffic survival school training and educational sessions that are designed to improve the safety and habits of drivers and that are approved by the department. In addition, the court may order the person to perform community restitution.
C. The court shall report a conviction for a violation of this section to the department and:
1. For a first violation of this section, may direct the department to suspend the person's driving privilege for not more than ninety days if the violation results in serious physical injury and not more than one hundred eighty days if the violation results in death.
2. For a second or subsequent violation of this section within a period of thirty-six months, shall direct the department to suspend the person's driving privilege for ninety days if the violation results in serious physical injury and one hundred eighty days if the violation results in death.
D. If a person's driving privilege is suspended pursuant to any other statute because of an incident involving a violation of this section, the suspension period prescribed in subsection C of this section shall run concurrently with the other suspension period.
E. If a person fails to successfully complete traffic survival school training and educational sessions or perform community restitution pursuant to this section, the court shall notify the department and the department shall promptly suspend the driver license or permit of the driver or the privilege of a nonresident to drive a motor vehicle in this state until the order is satisfied.
F. If the person who suffers serious physical injury as a result of a violation of this section appears before the court in which the action is pending at any time before trial and acknowledges receipt of satisfaction for the injury, on payment of the costs incurred, the court shall order that the prosecution be dismissed and the defendant be discharged. The reasons for the order shall be set forth and entered of record, and the order shall be a bar to another prosecution for the same offense.
G. Restitution awarded pursuant to section 13‑603 as a result of a violation of this section shall not exceed ten thousand dollars.
H. A prosecution for a violation of this section must be commenced within two years after actual discovery by the state or the political subdivision having jurisdiction of the offense or discovery by the state or the political subdivision that should have occurred with the exercise of reasonable diligence, whichever first occurs.
H. I. A person who violates this section is guilty of a class 3 misdemeanor, except that if the violation results in the death of another person the maximum fine for the person shall be one thousand dollars.
I. J. For the purposes of this section, "serious physical injury" has the same meaning prescribed in section 13‑105.
APPROVED BY THE GOVERNOR MARCH 15, 2012.
FILED IN THE OFFICE OF THE SECRETARY OF STATE MARCH 15, 2012.