Chapter 0113 - 532R - H Ver of HB2169

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

Section 1. Section 25-518, Arizona Revised Statutes, is amended to read:

START_STATUTE25-518. Child support arrearage; license suspension; hearing

A. If a court finds from the evidence presented at a hearing to enforce a child support order that the obligor has wilfully failed to pay child support, continues after notice pursuant to section 25‑517, subsection A to wilfully fail to pay child support and is at least six months in arrears, the court shall do either of the following:

1. Send a certificate of noncompliance to the board or agency ordering the suspension or denial of a driver license or recreational license.

2. Send a certificate of noncompliance to the department of transportation that the noncommercial driver license of the obligor be restricted to travel as described in section 28‑144. as follows:

(a) Between the person's place of employment and residence during specified periods of time while at employment.

(b) Between the person's place of residence, the person's place of employment and the person's secondary or postsecondary school according to the person's employment or educational schedule.

(d) Between the person's place of residence and the office of a physician or other health care professional.

(e) Between the person's place of residence and a location designated for the purpose of parenting time.

B. To be eligible for a restricted license pursuant to subsection A, paragraph 2 of this section, the obligor must do all of the following:

1. Be employed for at least thirty hours per week.

2. Have a place of employment or attend a school that is located more than one mile from the obligor's place of residence.

3. Show that the employment or educational endeavor can reasonably be expected to contribute to bringing the obligor into compliance with the support order in a timely manner.

4. Enter into a payment plan with the department of economic security to pay the child support arrearage. If the court finds that the obligor is not in compliance with the agreement at any time, the obligor is subject to license suspension pursuant to this section.

C. If the obligor has complied with the support order since the suspension or denial, the obligor may petition the court for a hearing. If the obligor establishes at the review hearing that the obligor is in compliance with the support order or a court ordered plan for payment of arrearages, the court shall send a certificate of compliance to the board or agency. Except for licenses issued under title 17, the obligor may then apply for license reinstatement and shall pay all applicable fees.

D. In a title IV‑D case, the department or its agent may file with the clerk of the superior court an affidavit indicating that the obligor is in compliance with the support order or the child support obligation. Within five business days after the affidavit is filed, the clerk shall send a notice of compliance to the obligor by first class mail. The clerk shall send a copy of the notice of compliance to the department and the licensing board or agency.

E. Except for licenses issued under title 17, the board or agency shall suspend or deny the license of the licensee within thirty days after receiving the notice of noncompliance from the court. The board or agency shall not lift the suspension until the board or agency receives a certificate of compliance from the court. Notwithstanding section 41‑1064, subsection C and section 41‑1092.11, subsection B, the board or agency is not required to conduct a hearing. The board or agency shall notify the department in writing or by any other means prescribed by the department of all suspensions within ten days after the suspension. The information shall include the name, address, date of birth and social security number of the licensee and the license category.

F. A certificate of noncompliance without further action invalidates a license to take wildlife in this state and prohibits the obligor from applying for a license issued by an automated drawing system under title 17. The court shall send a copy of the certificate of noncompliance to the department of economic security, and the department of economic security shall notify the Arizona game and fish department of all obligors against whom a notice of noncompliance has been issued and who have applied for a license issued by an automated drawing system.

G. Notwithstanding this section, the title IV‑D agency or its agent may send a certificate of noncompliance to a board or agency to order it to suspend an obligor's professional or occupational license if the obligor:

1. Has wilfully failed to pay child support, continues after notice pursuant to section 25‑517, subsection D E to wilfully fail to pay child support and is at least six months in arrears.

2. Requested an administrative review and the determination confirms that the obligor is required to pay child support and has wilfully failed to pay and that either the obligor did not request a hearing on the determination or the determination was upheld after a hearing.

3. Failed to respond to the notice pursuant to section 25‑517, subsection D E.

H. If the obligor has paid all arrearages or if the obligor has entered into a written agreement with the title IV‑D agency or its agent, the title IV‑D agency shall issue a notice of compliance to the licensing board or agency. END_STATUTE

Sec. 2. Title 28, chapter 1, article 3, Arizona Revised Statutes, is amended by adding section 28-144, to read:

START_STATUTE28-144. Driver license or permit restrictions

A. Except as otherwise provided by law, a restriction on a person's driver license or permit to drive as a result of a conviction for a violation of this title may limit the person's privilege to drive for the following applicable purposes:

1. Between the person's residence and place of employment during specified periods of time while at employment.

2. Between the person's residence or place of employment and the person's school according to the person's employment or education schedule.

3. Between the person's residence, place of employment or school and the office of a health professional as defined in section 32‑3201.

4. Between the person's residence, place of employment or school and a screening, education or treatment facility for scheduled appointments.

5. Between the person's residence, place of employment or school and the office of the person's probation officer for scheduled appointments.

6. Between the person's residence, place of employment or school and a certified ignition interlock device service facility.

7. Between the person's residence and a location designated for the purpose of parenting time as defined in section 25-401.

8. To transport a dependent person who is living with the driver, between the driver's residence and the dependent person's employment, school or medical appointment.

B. The provisions of this section do not apply to a person who is the holder of a commercial driver license issued pursuant to this title.END_STATUTE

Sec. 3. Section 28-661, Arizona Revised Statutes, is amended to read:

START_STATUTE28-661. Accidents involving death or physical injuries; failure to stop; violation; classification; driver license revocation; restricted privilege to drive; alcohol or other drug screening

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 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 28-144 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.

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.

H. If the court finds by a preponderance of the evidence that the person's use of intoxicating liquor, any drug listed in section 13‑3401, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances was a contributing factor to the accident, the court shall order the person to complete alcohol or other drug screening. END_STATUTE

Sec. 4. Section 28-1387, Arizona Revised Statutes, is amended to read:

START_STATUTE28-1387. Prior convictions; alcohol or other drug screening, education and treatment; license suspension; supervised probation; civil liability; procedures

A. The court shall allow the allegation of a prior conviction or any other pending charge of a violation of section 28‑1381, 28‑1382 or 28‑1383 or an act in another jurisdiction that if committed in this state would be a violation of section 28‑1381, 28‑1382 or 28‑1383 filed twenty or more days before the date the case is actually tried and may allow the allegation of a prior conviction or any other pending charge of a violation of section 28‑1381, 28‑1382 or 28‑1383 or an act in another jurisdiction that if committed in this state would be a violation of section 28‑1381, 28‑1382 or 28‑1383 filed at any time before the date the case is actually tried if this state makes available to the defendant when the allegation is filed a copy of any information obtained concerning the prior conviction or other pending charge. Any conviction may be used to enhance another conviction irrespective of the dates on which the offenses occurred within the eighty‑four month provision. For the purposes of this article, an order of a juvenile court adjudicating a person delinquent is equivalent to a conviction.

B. In addition to any other penalties prescribed by law, the judge shall order a person who is convicted of a violation of section 28‑1381, 28‑1382 or 28‑1383 to complete alcohol or other drug screening that is provided by a facility approved by the department of health services, the United States department of veterans affairs or a probation department. If a judge determines that the person requires further alcohol or other drug education or treatment, the person may be required pursuant to court order to obtain alcohol or other drug education or treatment under the court's supervision from an approved facility. The judge may review an education or treatment determination at the request of the state, the defendant or the probation officer or on the judge's initiative. The person shall pay the costs of the screening, education or treatment unless, after considering the person's ability to pay all or part of the costs, the court waives all or part of the costs. If a person is referred to a screening, education or treatment facility, the facility shall report to the court whether the person has successfully completed the screening, education or treatment program. The court may accept evidence of a person's completion of alcohol or other drug screening pursuant to section 28‑1445 as sufficient to meet the requirements of this section or section 28‑1381, 28‑1382 or 28‑1383 or may order the person to complete additional alcohol or other drug screening, education or treatment programs. If a person has previously been ordered to complete an alcohol or other drug screening, education or treatment program pursuant to this section, the judge shall order the person to complete an alcohol or other drug screening, education or treatment program unless the court determines that alternative sanctions are more appropriate.

C. After a person who is sentenced pursuant to section 28‑1381, subsection I has served twenty‑four consecutive hours in jail or after a person who is sentenced pursuant to section 28‑1381, subsection K or section 28‑1382, subsection D or E has served forty‑eight consecutive hours in jail and after the court receives confirmation that the person is employed or is a student, the court shall provide in the sentence that the defendant, if the defendant is employed or is a student and can continue the defendant's employment or schooling, may continue the employment or schooling for not more than twelve hours a day nor more than six days a week, unless the court finds good cause to not allow the release and places those findings on the record. The person shall spend the remaining day, days or parts of days in jail until the sentence is served and shall be allowed out of jail only long enough to complete the actual hours of employment or schooling.

D. Unless the license of a person convicted under section 28‑1381 or 28‑1382 has been or is suspended pursuant to section 28‑1321 or 28‑1385, the department on receipt of the abstract of conviction of a violation of section 28‑1381 or 28‑1382 shall suspend the license of the affected person for not less than ninety consecutive days.

E. When the department receives notification that the person meets the criteria provided in section 28‑1385, subsection G, the department shall suspend the driving privileges of the person for not less than thirty consecutive days and shall restrict the person's driving privileges of the person as described in section 28-144 for not less than sixty consecutive additional days. to travel between any of the following:

1. The person's place of employment and residence and during specified periods of time while at employment.

2. The person's place of residence and the person's secondary or postsecondary school, according to the person's employment or educational schedule.

3. The person's place of residence and a screening, education or treatment facility for scheduled appointments.

4. The person's place of residence and the office of the person's probation officer for scheduled appointments.

F. If a person is placed on probation for violating section 28‑1381 or 28‑1382, the probation shall be supervised unless the court finds that supervised probation is not necessary or the court does not have supervisory probation services.

G. Any political subdivision processing or using the services of a person ordered to perform community restitution pursuant to section 28‑1381 or 28‑1382 does not incur any civil liability to the person ordered to perform community restitution as a result of these activities unless the political subdivision or its agent or employee acts with gross negligence.

H. If a person fails to complete the community restitution ordered pursuant to section 28-1381, subsection K or section 28-1382, subsection E, The court may order alternative sanctions to community restitution that is ordered pursuant to section 28‑1381, subsection K or section 28‑1382, subsection E if the court determines that education, treatment or other alternative sanctions are more appropriate.

I. Except for another violation of this article, the state shall not dismiss a charge of violating any provision of this article unless there is an insufficient legal or factual basis to pursue that charge. END_STATUTE

Sec. 5. Section 28-1401, Arizona Revised Statutes, is amended to read:

START_STATUTE28-1401. Special ignition interlock restricted driver licenses; application fee

A. A person whose class D or class G license has been suspended pursuant to section 28‑1385 or suspended or revoked for a first refusal pursuant to section 28‑1321, a second violation of section 28‑1381 or 28‑1382 or a first violation of section 28‑1383, subsection A, paragraph 3 may apply to the department for a special ignition interlock restricted driver license that allows a person to operate a motor vehicle during the period of suspension or revocation subject to the restrictions prescribed described in section 28‑1402 28‑144 and the certified ignition interlock device requirements prescribed in article 5 of this chapter if the person's privilege to operate a motor vehicle has been suspended or revoked due to an alcohol related offense pursuant to any of the following:

1. Section 28‑1321, if the person meets the criteria of section 28‑1321, subsection P.

2. Section 28‑1381, if the person meets the criteria of section 28‑1381, subsection O and the person presents evidence that is satisfactory to the director and that shows that the person has completed the requirements prescribed in section 28‑1387, subsection B.

3. Section 28‑1382, if the person meets the criteria of section 28‑1382, subsection H and the person presents evidence that is satisfactory to the director and that shows that the person has completed the requirements prescribed in section 28‑1387, subsection B.

4. Section 28‑1383, if the person meets the criteria of section 28‑1383, subsection K and the person presents evidence that is satisfactory to the director and that shows that the person has completed the requirements prescribed in section 28‑1387, subsection B.

5. Section 28‑1385, if the person meets the criteria of section 28‑1385, subsection G.

B. An applicant for a special ignition interlock restricted driver license shall pay an application fee in an amount to be determined by the director.

C. The department shall issue a special ignition interlock restricted driver license during the period of a court ordered restriction pursuant to sections 28‑3320 and 28‑3322 subject to the restrictions prescribed described in section 28‑1402 28‑144 and the certified ignition interlock requirements prescribed in article 5 of this chapter.

D. If the department issues a special ignition interlock restricted driver license, the department shall not delete a suspension or revocation from its records.

E. The granting of a special ignition interlock restricted driver license does not reduce or eliminate the required use of an ignition interlock device pursuant to section 28‑3319. END_STATUTE

Sec. 6. Section 28-1402, Arizona Revised Statutes, is amended to read:

START_STATUTE28-1402. Issuance of special ignition interlock restricted driver license

A. On application pursuant to section 28‑1401, subsection A the department may, and pursuant to section 28‑1401, subsection C the department shall, issue a special ignition interlock restricted driver license that only allows a person whose class D or class G license has been suspended pursuant to section 28-1385 or suspended or revoked for a first refusal pursuant to section 28‑1321, a second violation of section 28-1381 or 28-1382 or a first violation of section 28‑1383, subsection A, paragraph 3 to operate a motor vehicle that is equipped with a functioning certified ignition interlock device and only under the restrictions described in section 28-144. as follows:

1. Between the person's place of employment and residence during specified periods of time while at employment.

2. Between the person's place of residence, the person's place of employment and the person's secondary or postsecondary school according to the person's employment or educational schedule.

3. Between the person's place of residence and a screening, education or treatment facility for scheduled appointments.

4. Between the person's place of residence and the office of the person's probation officer for scheduled appointments.

5. Between the person's place of residence and the office of a physician or other health care professional.

6. Between the person's place of residence and a certified ignition interlock device service facility.

B. The department may only issue a special ignition interlock restricted driver license to an applicant who is otherwise qualified by law.

C. Except as provided in section 28‑1463, if the department suspends, revokes, cancels or otherwise rescinds a person's special ignition interlock restricted license or privilege for any reason, the department shall not issue a new license or reinstate the special ignition interlock restricted driver license during the prescribed period of suspension or revocation or while the person is otherwise ineligible to receive a license. END_STATUTE

Sec. 7. Section 28-1601, Arizona Revised Statutes, is amended to read:

START_STATUTE28-1601. Failure to pay civil penalty; suspension or restriction of driving privilege; collection procedure

A. A person shall pay all civil penalties within thirty days from entry of judgment, except that if payment within thirty days will place an undue economic burden on a person, the court may extend the time for payment or may provide for installment payments. If the civil penalty is not paid or an installment payment is not made when due, the court may declare the entire civil penalty due and, if so, the court shall do either of the following:

1. Notify the department and the department shall promptly suspend the driver license or permit of the driver, person's driving privilege or the person's application or privilege to apply for a driver license or permit or the privilege of a nonresident to drive a motor vehicle in this state, driving privilege until the civil penalty is paid.

2. Order that the person's driving privilege be restricted as described in section 28‑144 until the civil penalty is paid and notify the department of the restriction.

B. Notwithstanding subsection A of this section, if a civil penalty is paid on entry of judgment, the court may reduce the civil penalty by up to five per cent percent of the penalty imposed.

C. Notwithstanding subsection A of this section, the court shall not initiate collection procedures on an unpaid civil penalty, notify the department to suspend a person's driver license, permit or privilege to drive a motor vehicle in this state or notify the department to refuse to renew a vehicle registration for an unpaid civil traffic violation if all of the following apply:

1. The unpaid civil penalty is for a traffic violation for which the final disposition occurs more than thirty‑six months before the court initiates collection proceedings.

2. The court does not have a paper or electronic record dated within thirty‑six months after the traffic violation occurs indicating that the responsible person was notified that the civil penalty is unpaid and due.

3. The court has not notified the department to suspend the responsible person's driver license or permit or privilege to drive a motor vehicle in this state.

4. The court has not notified either the responsible person or the department about the court's request to the department to refuse to renew the responsible person's vehicle registration pursuant to article 5 of this chapter.

5. The court does not have a record of extending the time for payment of the civil penalty or providing for installment payments.

D. If the court is prohibited from initiating collection procedures on an unpaid civil penalty, from notifying the department to suspend a person's driver license, permit or privilege to drive a motor vehicle in this state or from notifying the department to refuse to renew a vehicle registration, pursuant to subsection C of this section, the court shall notify the department and the department shall remove the violation from the person's driving record.

E. With the approval of the supreme court, the presiding judge of any court may periodically conduct a program aimed at reducing the amount of outstanding fines, penalties, assessments and surcharges. Notwithstanding any other law, except a fine ordered as a result of a violation of section 28‑1381 or 28‑1382, the program may include authorizing up to a fifty per cent percent reduction in the total amount of a court ordered fine, penalty, assessment or surcharge that is due and that is delinquent for at least twelve months followed by an increased enforcement effort for a fine, penalty, assessment or surcharge that is not paid. The supreme court shall adopt rules of procedure for the programs.

F. If penalties are reduced pursuant to subsection E of this section, associated surcharges and assessments shall be reduced in proportion to the reduction. This subsection does not apply to section 12‑116.

G. If a person presents reasonable evidence to the court that a civil penalty and any other fees, fines, assessments or surcharges required by the court have been paid, the court shall cease its collection activities for that civil penalty and order the department to immediately rescind its actions related to the court's order or request to suspend the person's driver license, permit or privilege to drive pursuant to subsection A of this section or refuse to renew the person's vehicle registration pursuant to article 5 of this chapter. END_STATUTE

Sec. 8. Title 28, chapter 5, article 4, Arizona Revised Statutes, is amended by adding section 28-1603, to read:

START_STATUTE28-1603. Civil penalty mitigation

A. Notwithstanding any other law, a judge may mitigate any civil penalty that is required under chapters 3, 5, 7 and 9 of this title if the person who is ordered to pay the penalty demonstrates that the payment would be a hardship on the person or on the person's immediate family.

B. In determining whether to mitigate a civil penalty, the court may consider any relevant information, including any of the following:

1. The civil penalty's impact on the person's ability to pay restitution.

2. Whether the civil penalty would constitute a financial hardship to the person or the person's immediate family.

3. Whether the person receives temporary assistance for needy families pursuant to 42 United States Code section 603 or supplemental nutrition assistance pursuant to 7 United States Code sections 2011 through 2036c.

4. Whether the person receives benefits pursuant to the supplemental security income program (42 United States Code sections 1381 through 1385).

5. Whether the person is legally authorized to be employed and is seeking, obtaining or maintaining employment or is attending school.

C. This section does not apply to the surcharge imposed and collected pursuant to section 16-954, subsection A. END_STATUTE

Sec. 9. Section 28-3308, Arizona Revised Statutes, is amended to read:

START_STATUTE28-3308. Mandatory suspension; failure to appear

On notification by the court that a person failed to appear as directed for a scheduled court appearance after service of the a criminal complaint alleging a violation of a provision of this title, the department shall suspend the person's driver license or nonresident operating privilege until the person appears, the fine or civil penalty is paid or a bond is forfeited. If the person appears and does not pay the person's fines, surcharges or assessments, on notification by the court the department shall suspend the person's driving privileges or restrict the person's driving privileges as described in section 28‑144 until the fines, surcharges and assessments are paid. END_STATUTE

Sec. 10. Section 28-3473, Arizona Revised Statutes, is amended to read:

START_STATUTE28-3473. Driving on a suspended, revoked or canceled license; violation; classification

A. Except as otherwise provided in this subsection section 28-3482, a person who drives may not operate a motor vehicle on a public highway when If the person's privilege to drive a motor vehicle is suspended, revoked, canceled or refused or when if the person is disqualified from driving.

B. A person who violates this section is guilty of a class 1 misdemeanor. If the suspension is pursuant to section 28‑1601 and the person presents to the court evidence that the person's privilege to drive has been reinstated, the court may dismiss the charge of driving under a suspended driver license.

B. Except for a suspension pursuant to section 28‑1601 or 28‑3308, on receipt of a record of the conviction of a person under this section, the department shall notify a person who is eligible for a restricted privilege to drive pursuant to this section that the person is eligible. The department shall issue a license that restricts the person's privilege to drive as follows:

1. Between the person's place of employment and residence during specified periods of time while at employment.

2. Between the person's place of residence, the person's place of employment and the person's secondary or postsecondary school according to the person's employment or educational schedule.

3. Between the person's place of residence and a screening, education or treatment facility for scheduled appointments.

4. Between the person's place of residence and the office of the person's probation officer for scheduled appointments.

5. Between the person's place of residence and the office of a physician or other health care professional.

6. Between the person's place of residence and a certified ignition interlock device service facility.

C. On application, the department shall issue a driver license that restricts a person's privilege to drive pursuant to subsection B of this section and that is valid for one year only if all of the following apply:

1. The person has completed all requirements of the sentence imposed by the court.

2. The person has satisfied all suspension periods imposed on the person's driver license as a result of the conviction of or a finding of responsibility for a violation of any provision of this title except this section.

3. The person pays the applicable reinstatement fee prescribed by section 28‑3002. END_STATUTE

Sec. 11. Section 28-3480, Arizona Revised Statutes, is amended to read:

START_STATUTE28-3480. Operation in violation of restriction; classification; civil traffic violation

A. A person who operates a motor vehicle in violation of a driver license restriction is guilty of a class 2 misdemeanor.

B. If the restriction that is violated is the requirement to wear corrective lenses while operating a motor vehicle, the person is responsible for a civil traffic violation. END_STATUTE

Sec. 12. Title 28, chapter 8, article 8, Arizona Revised Statutes, is amended by adding sections 28-3482 and 28-3483, to read:

START_STATUTE28-3482. Driving on a license suspended for failure to appear or pay; restricted privilege to drive; civil penalty; dismissal

A. A person may not drive a motor vehicle on a public highway if the person's privilege to drive a motor vehicle is suspended pursuant to section 28‑1601 or 28‑3308.

B. A person who violates this section is responsible for a civil traffic violation.

C. If a person is cited for a violation of this section and the person presents evidence to the court that the person's unrestricted privilege to drive has been reinstated, the court may dismiss the charge of driving under a suspended license. END_STATUTE

START_STATUTE28-3483. Driving on a suspended license conviction; restricted driving privilege

A person who is convicted of driving on a suspended class D or M license before January 1, 2011 may apply for a restricted privilege to drive on a form prescribed by the director. The department shall issue a restricted privilege to drive that is valid for one year and that limits the person's driving privilege as described in section 28‑144 if the person does all of the following:

1. Completes all requirements of the sentence imposed by the court.

2. Satisfies all suspension periods imposed on the person's driving privilege as a result of a conviction of or a finding of responsibility for a violation of this title.

3. Pays the applicable reinstatement fee as prescribed by section 28‑3002. END_STATUTE

Sec. 13. Section 28-3511, Arizona Revised Statutes, is amended to read:

START_STATUTE28-3511. Removal and immobilization or impoundment of vehicle; Arizona crime information center database

A. A peace officer shall cause the removal and either immobilization or impoundment of a vehicle if the peace officer determines that:

1. A person is driving the vehicle while any of the following applies:

(a) Except as otherwise provided in this subdivision, the person's driving privilege is suspended or revoked for any reason. A peace officer shall not cause the removal and either immobilization or impoundment of a vehicle pursuant to this subdivision if the person's privilege to drive is valid in this state.

(b) The person has not ever been issued a valid driver license or permit by this state and the person does not produce evidence of ever having a valid driver license or permit issued by another jurisdiction. This subdivision does not apply to the operation of an implement of husbandry.

(c) The person is subject to an ignition interlock device requirement pursuant to chapter 4 of this title and the person is operating a vehicle without a functioning certified ignition interlock device. This subdivision does not apply to the operation of a vehicle due to a substantial emergency as defined in section 28‑1464.

(d) In furtherance of the illegal presence of an alien in the United States and in violation of a criminal offense, the person is transporting or moving or attempting to transport or move an alien in this state in a vehicle if the person knows or recklessly disregards the fact that the alien has come to, has entered or remains in the United States in violation of law.

(e) The person is concealing, harboring or shielding or attempting to conceal, harbor or shield from detection an alien in this state in a vehicle if the person knows or recklessly disregards the fact that the alien has come to, entered or remains in the United States in violation of law.

2. The vehicle is displayed for sale or for transfer of ownership with a vehicle identification number that has been destroyed, removed, covered, altered or defaced.

B. A peace officer shall cause the removal and impoundment of a vehicle if the peace officer determines that a person is driving the vehicle and if all of the following apply:

1. The person's driving privilege is canceled, suspended or revoked for any reason or the person has not ever been issued a driver license or permit by this state and the person does not produce evidence of ever having a driver license or permit issued by another jurisdiction.

2. The person is not in compliance with the financial responsibility requirements of chapter 9, article 4 of this title.

3. The person is driving a vehicle that is involved in an accident that results in either property damage or injury to or death of another person.

C. Except as provided in subsection D of this section, while a peace officer has control of the vehicle the peace officer shall cause the removal and either immobilization or impoundment of the vehicle if the peace officer has probable cause to arrest the driver of the vehicle for a violation of section 4‑244, paragraph 34 or section 28‑1382 or 28‑1383.

D. A peace officer shall not cause the removal and either the immobilization or impoundment of a vehicle pursuant to subsection C of this section if all of the following apply:

1. The peace officer determines that the vehicle is currently registered and that the driver or the vehicle is in compliance with the financial responsibility requirements of chapter 9, article 4 of this title.

2. The spouse of the driver is with the driver at the time of the arrest.

3. The peace officer has reasonable grounds to believe that the spouse of the driver:

(a) Has a valid driver license.

(b) Is not impaired by intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances.

4. The spouse notifies the peace officer that the spouse will drive the vehicle from the place of arrest to the driver's home or other place of safety.

5. The spouse drives the vehicle as prescribed by paragraph 4 of this subsection.

E. Except as otherwise provided in this article, a vehicle that is removed and either immobilized or impounded pursuant to subsection A, B or C of this section shall be immobilized or impounded for thirty days. An insurance company does not have a duty to pay any benefits for charges or fees for immobilization or impoundment.

F. The owner of a vehicle that is removed and either immobilized or impounded pursuant to subsection A, B or C of this section, the spouse of the owner and each person who has provided the department with indicia of ownership as prescribed in section 28‑3514 or other interest in the vehicle that exists immediately before the immobilization or impoundment shall be provided with an opportunity for an immobilization or poststorage hearing pursuant to section 28‑3514.

G. A law enforcement agency that employs the peace officer who removes and either immobilizes or impounds a vehicle pursuant to this section shall enter information about the removal and either immobilization or impoundment of the vehicle in the Arizona crime information center database within three business days after the removal and either immobilization or impoundment. END_STATUTE

Sec. 14. Section 28-4135, Arizona Revised Statutes, is amended to read:

START_STATUTE28-4135. Motor vehicle financial responsibility requirement; civil penalties; restricted driving privilege; evidence at hearing

A. A motor vehicle that is operated on a highway in this state shall be covered by one of the following:

1. A motor vehicle or automobile liability policy that provides limits not less than those prescribed in section 28‑4009.

2. An alternate method of coverage as provided in section 28‑4076.

3. A certificate of self‑insurance as prescribed in section 28‑4007.

4. A policy that satisfies the financial responsibility requirements prescribed in article 2 of this chapter.

B. A person operating a motor vehicle on a highway in this state shall have evidence within the motor vehicle of current financial responsibility applicable to the motor vehicle. The evidence may be displayed on a wireless communication device that is in the motor vehicle. If a person displays the evidence on a wireless communication device pursuant to this subsection, the person is not consenting for law enforcement to access other contents of the wireless communication device.

C. Failure to produce evidence of financial responsibility on the request of a law enforcement officer investigating a motor vehicle accident or an alleged violation of a motor vehicle law of this state or a traffic ordinance of a city or town is a civil traffic violation that is punishable as prescribed in this section.

D. A citation issued for violating subsection B or C of this section shall be dismissed if the person to whom the citation was issued produces evidence to the appropriate court officer on or before the date and time specified on the citation for court appearance and in a manner specified by the court, including the certification of evidence by mail, of either of the following:

1. The financial responsibility requirements prescribed in this section were met for the motor vehicle at the date and time the citation was issued.

2. A motor vehicle or automobile liability policy that meets the financial responsibility requirements of this state and that insured the person and the motor vehicle the person was operating at the time the person received the citation regardless of whether or not the motor vehicle was named in the policy.

E. Except as provided in section 28‑4137, a person who violates this section is subject to a civil penalty as follows:

1. The court shall impose a minimum civil penalty of five hundred dollars for the first violation. On receipt of the abstract of the record of judgment, the department shall suspend the driver license of the person and the registration and license plates of the motor vehicle involved person's driving privileges or restrict the person's driving privileges as described in section 28‑144 for three months. Before issuing a restricted driving privilege pursuant to this paragraph, the department shall verify that the person is in compliance with the financial responsibility requirements of this article.

2. If a person violates this section a second time within a period of thirty‑six months, the court shall impose a minimum civil penalty of seven hundred fifty dollars. On receipt of the abstract of the record of judgment, the department shall suspend the driver license of the person and the registration and license plates of the motor vehicle involved for six months.

3. If a person violates this section three or more times within a period of thirty‑six months, the court shall impose a minimum civil penalty of one thousand dollars. On receipt of the abstract of the record of judgment, the department shall suspend the driver license of the person and the registration and license plates of the motor vehicle involved for one year. The department shall require on reinstatement of the driver license, the registration and the license plates that the person file with the department proof of financial responsibility in accordance with article 3 of this chapter.

F. A court may require a person to produce an insurance identification card as evidence in a hearing for a violation of this section. END_STATUTE

Sec. 15. Applicability

This act applies to:

1. All cases in which, as of the effective date of this act, the defendant or violator has not been sentenced or assessed a civil penalty.

2. Any offense committed on or after the effective date of this act.

Sec. 16. Effective date

This act is effective from and after December 31, 2018.