PREFILED DEC 18 2018
|
REFERENCE TITLE: moving violations; defensive driving school |
|
State of Arizona House of Representatives Fifty-fourth Legislature First Regular Session 2019
|
|
HB 2005 |
|
|
|
Introduced by Representative Kavanagh
|
AN ACT
amending section 28‑3392, Arizona Revised Statutes, as amended by laws 2015, chapter 281, section 1; amending section 28‑3392, Arizona Revised Statutes, as amended by Laws 2018, chapter 322, section 2; amending section 28‑3394, Arizona Revised Statutes, as amended by laws 1996, chapter 76, section 8; amending section 28‑3394, Arizona Revised Statutes, as amended by laws 2018, chapter 322, section 3; relating to defensive driving schools.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-3392, Arizona Revised Statutes, as amended by Laws 2015, chapter 281, section 1, is amended to read:
28-3392. Defensive driving school; eligibility
A. A court:
1. Shall allow an individual who is issued a citation or found responsible by the court for a civil traffic moving violation pursuant to chapter 3, articles 2, 3, 4 and 6 through 15 of this title or a local civil traffic ordinance relating to the same subject matter to attend a defensive driving school for the purposes provided in this article.
2. Except as prescribed in subsection C of this section, may allow an individual who is issued a citation for or convicted of a violation of section 28‑701.02 to attend a defensive driving school.
B. A person who attends a defensive driving school pursuant to this article is not eligible to attend a defensive driving school again within twelve months from the day of the last violation for which the person was authorized by this article to attend a defensive driving school.
C. Notwithstanding subsection A of this section:
1. An individual who commits a civil or criminal traffic violation resulting in death or serious physical injury is not eligible to attend a defensive driving school, except that the court may order the individual to attend a defensive driving school in addition to another sentence imposed by the court on an adjudication or admission of the traffic violation.
2. If a commercial driver license holder or a driver of a commercial motor vehicle that requires a commercial driver license is found guilty or responsible for a moving violation, the court may require the violator to attend defensive driving school as an element of sentence, but may not dismiss the conviction or finding of responsibility and shall report the conviction or finding of responsibility to the department as prescribed in section 28‑1559. A commercial driver license holder or a driver of a commercial motor vehicle that requires a commercial driver license is not eligible for the defensive driving diversion program.
Sec. 2. Section 28-3392, Arizona Revised Statutes, as amended by Laws 2018, chapter 322, section 2, is amended to read:
28-3392. Defensive driving school; eligibility
A. A court:
1. Shall allow an individual who is issued a citation or found responsible by the court for a civil traffic moving violation pursuant to chapter 3, articles 2, 3, 4 and 6 through 15 of this title or a local civil traffic ordinance relating to the same subject matter to attend a defensive driving school for the purposes provided in this article.
2. Except as prescribed in subsection C of this section:
(a) May allow an individual who is issued a citation for or convicted of a violation of section 28‑701.02 to attend a defensive driving school.
(b) Shall allow an individual who holds a commercial driver license and who is issued a citation for a civil traffic moving violation pursuant to chapter 3, article 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14 or 15 of this title or a local civil traffic ordinance relating to the same subject matter to attend a defensive driving school for the purposes provided in this article only if the individual was driving a vehicle requiring a class D license or a class M license and the vehicle was not being used for commercial purposes.
B. A person who attends a defensive driving school pursuant to this article is not eligible to attend a defensive driving school again within twelve months from the day of the last violation for which the person was authorized by this article to attend a defensive driving school.
C. Notwithstanding subsection A of this section:
1. An individual who commits a civil or criminal traffic violation resulting in death or serious physical injury is not eligible to attend a defensive driving school, except that the court may order the individual to attend a defensive driving school in addition to another sentence imposed by the court on an adjudication or admission of the traffic violation.
2. If a driver of a commercial motor vehicle that requires a commercial driver license is found guilty or responsible for a moving violation, the court may require the violator to attend defensive driving school as an element of sentence, but may not dismiss the conviction or finding of responsibility and shall report the conviction or finding of responsibility to the department as prescribed in section 28‑1559. A driver of a commercial motor vehicle that requires a commercial driver license is not eligible for the defensive driving diversion program.
Sec. 3. Section 28-3394, Arizona Revised Statutes, as amended by Laws 1996, chapter 76, section 8, is amended to read:
28-3394. Successful course completion
A. If an eligible individual successfully completes the course at a defensive driving school:
1. The court shall dismiss the civil or criminal traffic citation or the finding of responsibility or conviction for the civil or criminal traffic citation for which the individual attended the school.
2. The department shall not include a record of the civil or criminal traffic citation or the finding of responsibility or conviction for the civil or criminal traffic citation for which the individual attended the school on the individual's driving record.
B. The dismissal of a civil or criminal traffic citation or the finding of responsibility or conviction for the civil or criminal traffic citation pursuant to this section does not preclude the introduction of evidence pertaining to the issuance of the citation in a civil or criminal proceeding.
Sec. 4. Section 28-3394, Arizona Revised Statutes, as amended by Laws 2018, chapter 322, section 3, is amended to read:
28-3394. Successful course completion
A. Except as provided in section 28‑3394.01, if an eligible individual successfully completes the course at a defensive driving school:
1. The court shall dismiss the civil or criminal traffic citation or the finding of responsibility or conviction for the civil or criminal traffic citation for which the individual attended the school.
2. The department shall not include a record of the civil or criminal traffic citation or the finding of responsibility or conviction for the civil or criminal traffic citation for which the individual attended the school on the individual's driving record.
B. The dismissal of a civil or criminal traffic citation or the finding of responsibility or conviction for the civil or criminal traffic citation pursuant to this section does not preclude the introduction of evidence pertaining to the issuance of the citation in a civil or criminal proceeding.
Sec. 5. Effective date
A. Section 28-3392, Arizona Revised Statutes, as amended by Laws 2018, chapter 322, section 2 and this act, is effective from and after August 31, 2019.
B. Section 28-3394, Arizona Revised Statutes, as amended by Laws 2018, chapter 322, section 3 and this act, is effective from and after August 31, 2019.