First Regular Session H.B. 2005
PROPOSED
SENATE AMENDMENTS TO H.B. 2005
(Reference to House engrossed bill)
Strike everything after the enacting clause and insert:
"Section 1. Section 28-1402, Arizona Revised Statutes, is amended to read:
28-1402. Issuance of special ignition interlock restricted driver license; definition
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.
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.
D. Except in cases of a substantial emergency, a person who is issued a special ignition interlock restricted driver license may not operate a motor vehicle for a purpose that is not authorized by section 28‑144 and this section.
E. For the purposes of this section, "substantial emergency" has the same meaning prescribed in section 28‑1464.
Sec. 2. Section 28-1403, Arizona Revised Statutes, is amended to read:
28-1403. Extension of interlock restricted licenses; hearing; scope
A. A person whose driver license restriction is extended pursuant to section 28‑1461 may submit to the department a written request for a hearing. The written request must be received by the department within fifteen days after the date of the order of extension of the restriction. On receipt of a request for a hearing, a hearing shall be held within thirty days.
B. Hearings requested pursuant to this section shall be conducted in the same manner and under the same conditions as provided in section 28‑3306. For the purposes of this section, the scope of the hearing shall include only the following issues:
1. Whether the person was issued a special ignition interlock restricted driver license.
2. Whether the person tampered with the certified ignition interlock device.
3. Whether the person attempted to operate the vehicle with an alcohol concentration exceeding the presumptive limit as prescribed in section 28‑1381, subsection G, paragraph 3, two or more times during the period of license restriction or limitation.
4. If the person is under twenty-one years of age, whether the person attempted to operate the vehicle with any spirituous liquor in the person's body during the period of license restriction or limitation.
5. Whether the person submitted proof of compliance or calibration as prescribed in section 28‑1461.
6. Whether the person operated the motor vehicle in violation of a restriction placed on the person's privilege to drive pursuant to section 28‑1402.
Sec. 3. Section 28-1461, Arizona Revised Statutes, is amended to read:
28-1461. Use of certified ignition interlock devices; reporting
A. If a person's driving privilege is limited pursuant to section 28‑1381, 28‑1382, 28‑1383 or 28‑3319 or restricted pursuant to section 28‑1402:
1. The person shall:
(a) Pay the costs for installation and maintenance of the certified ignition interlock device.
(b) Provide proof to the department of installation of a functioning certified ignition interlock device in each motor vehicle operated by the person.
(c) Provide proof of compliance to the department at least once every ninety days during the period the person is ordered to use an ignition interlock device.
(d) Provide proof of calibration of the certified ignition interlock device to the department at least once every ninety days during the period the person is ordered to use an ignition interlock device.
2. The department shall not reinstate the person's driving privilege or issue a special ignition interlock restricted driver license until the person has installed a functioning certified ignition interlock device in each motor vehicle operated by the person and has provided proof of installation to the department.
B. While a person maintains a functioning certified ignition interlock device in a vehicle pursuant to this chapter, the ignition interlock manufacturer shall electronically provide to the department in real time and in a form prescribed by the department the following information:
1. Any tampering or circumvention.
2. Any failure to provide proof of compliance or inspection of the certified ignition interlock device as prescribed in this section.
3. Any attempt to operate the vehicle with an alcohol concentration exceeding the presumptive limit as prescribed in section 28‑1381, subsection G, paragraph 3 or, if the person is under twenty‑one years of age, any attempt to operate the vehicle with any spirituous liquor in the person's body.
4. Each time that a person fails to properly perform any set of three consecutive rolling retests that occur during a drive cycle.
5. Each time that the person operates the motor vehicle in violation of a restriction placed on the person's privilege to drive pursuant to section 28‑1402.
C. If the person is under eighteen years of age, the ignition interlock service provider, if requested by the person's parent or legal guardian, shall provide to the person's parent or legal guardian the information prescribed in subsection B of this section.
D. On request, the ignition interlock manufacturer shall provide the information prescribed in subsection B of this section to:
1. The department of health services authorized provider.
2. The probation department that is providing alcohol or other drug screening, education or treatment to the person.
3. The physician, psychologist or substance abuse counselor who is evaluating the person's ability to safely operate a motor vehicle following a revocation of the person's driving privilege as prescribed in section 28‑3315, subsection D.
4. The court.
E. The department shall extend an ignition interlock restricted or limited driver license and the certified ignition interlock device period for six months if the department has reasonable grounds to believe that any of the following applies:
1. The person tampered with or circumvented the certified ignition interlock device.
2. The person attempted to operate the vehicle with an alcohol concentration exceeding the presumptive limit as prescribed in section 28‑1381, subsection G, paragraph 3, two or more times during the period of license restriction or limitation.
3. If the person is under twenty‑one years of age, the person attempted to operate the vehicle with any spirituous liquor in the person's body during the period of license restriction or limitation.
4. The person failed to provide proof of compliance or inspection as prescribed in this section.
5. The person attempts to operate the vehicle with an alcohol concentration of 0.08 or more during a six month extension pursuant to this subsection.
6. The person fails to properly perform any set of three consecutive rolling retests that occur during a drive cycle.
F. If the special ignition interlock restricted license is extended pursuant to subsection E of this section, the limitations prescribed in sections 28‑1381, 28‑1382, 28‑1383 and 28‑3319 do not begin until the restrictive period of the license ends.
G. The department shall make a notation on the driving record of a person whose driving privilege is limited pursuant to section 28‑1381, 28‑1382, 28‑1383, 28‑1385 or 28‑3319 or restricted pursuant to section 28‑1402 that states that the person shall not operate a motor vehicle unless it is equipped with a certified ignition interlock device. Unless the person is convicted of a second or subsequent violation of section 28‑1381, 28‑1382 or 28‑1383, the notation may not include any mark, color change or other notation or indication on the person's physical driver license.
H. Proof of compliance does not include a skipped or missed random sample if the motor vehicle's ignition is off at the time of the skipped or missed sample.
I. The department, in making a determination to extend a special ignition interlock restricted driver license pursuant to subsection E of this section, may take into account whether the person operated the motor vehicle in violation of a restriction placed on the person's privilege to drive pursuant to section 28‑1402.
Sec. 4. Section 28-3303, Arizona Revised Statutes, is amended to read:
28-3303. Suspension or revocation of driver license or privilege for actions outside of state
A. Except as provided in subsection B of this section, the department may suspend or revoke the license or driving privilege of a resident of this state or the privilege of a nonresident to drive a motor vehicle in this state or may and shall require the person to successfully complete approved traffic survival school educational sessions as prescribed in section 28‑3306 on receipt of notice of a conviction of the person of an offense in another jurisdiction that would be grounds for the suspension or revocation of the person's driver license if the offense had been committed in this state. Section 28‑3306, subsections C through G apply if a person's license or driving privilege is suspended or revoked or if a person is required to successfully complete approved driver educational sessions as provided by this subsection.
B. The department shall revoke the license or driving privilege of a resident of this state or the privilege of a nonresident to drive a motor vehicle in this state after receiving notice of a conviction of the person in another jurisdiction and after determining that the conviction was for an offense that if committed in this state would be grounds for revocation pursuant to section 28‑3304 or chapter 3, 4 or 5 of this title.
C. The department may suspend or revoke the driver license of a resident of this state who fails to comply with the terms of a traffic citation that is lawfully issued in a jurisdiction outside this state pursuant to the nonresident violator compact adopted by chapter 6, article 4 of this title.
D. Notwithstanding chapter 6, articles 3 and 4 of this title and in lieu of suspension of a driver license or driving privileges, the department may issue a temporary driver license that is valid for a period of not more than one hundred eighty days.
Sec. 5. Section 28-3306, Arizona Revised Statutes, is amended to read:
28-3306. Discretionary license suspension or revocation; traffic survival school; hearing
A. The department may suspend or revoke the license of a driver or require a licensee to attend and successfully complete approved traffic survival school educational sessions designed to improve the safety and habits of drivers on a showing by department records or other sufficient evidence that the licensee:
1. Has committed an offense for which mandatory revocation of the license is required on conviction.
2. Has been involved as a driver in an accident resulting in the death or personal injury of another or serious property damage.
3. Has been convicted of or adjudged to have violated traffic regulations governing the movement of vehicles with such a frequency that it indicates a disrespect for traffic laws and a disregard for the safety of other persons on the highways.
4. Has been convicted of reckless driving as provided in section 28‑693 or is a habitually reckless or negligent driver of a motor vehicle.
5. Is medically, psychologically or physically incapable of operating a motor vehicle and, based on law enforcement, medical or other department information, the continued operation of a motor vehicle by the licensee would endanger the public health, safety and welfare.
6. Has committed or permitted an act involving an unlawful or fraudulent use of the license.
7. Has committed an offense in another jurisdiction that if committed in this state is grounds for suspension or revocation.
8. Has been convicted of a violation of section 28‑1381 or 28‑1382.
9. Has been convicted of a violation of section 28‑1464.
B. On receipt of satisfactory evidence of a violation of a driver license restriction, the department may suspend or revoke the driver license.
C. On suspending or revoking the license of a person or requiring a licensee to attend and successfully complete approved traffic survival school educational sessions designed to improve the safety and habits of drivers pursuant to this section, the department shall notify the licensee in writing immediately.
D. On the receipt of the person's request for a hearing, the department shall set the hearing within sixty days. The department may hold the hearing in person, by telephone or by videoconference. If the department holds the hearing in person, the department shall hold the hearing in the county where the licensee resides unless the law enforcement agency issuing the citation or affidavit that authorizes the suspension or revocation requests at the time of issuance that the hearing be held in the county where the violation allegedly occurred.
E. If a hearing is held, the department or its duly authorized agent may administer oaths, may issue subpoenas for the attendance of witnesses and the production of relevant books and papers and may require a reexamination of the licensee.
F. At the hearing, the department shall either rescind its order of suspension or its order requiring the licensee to attend and successfully complete approved traffic survival school educational sessions or, if good cause exists, the department may uphold or extend the order, revoke the license or make any order that is within its discretionary power under this section and that is in the interest of public safety.
G. If a licensee receives notice requiring the licensee to attend and successfully complete approved traffic survival school educational sessions and the department receives information of noncompliance with this order, the department may shall amend the order to suspend or revoke the license.
H. A person whose driver license is suspended or revoked as provided in subsection A, paragraph 5 of this section may submit a written request to the department for an administrative hearing. The person shall submit the request for a hearing within fifteen days after the department provides the person with notice of suspension or revocation. On receipt of a proper request for a hearing, the department shall provide the person with an opportunity for a hearing in the county where the person resides within thirty days after the department receives the request. The request for a hearing does not stay a summary suspension issued by the department.
I. The department shall remove a suspension from a record if the person has completed all requirements imposed under this title or by a court in this state, including the successful completion of traffic survival school educational sessions, except for payment of reinstatement fees as prescribed by section 28‑3002. The person shall pay the appropriate reinstatement fees that is are required under section 28‑3002 when conducting a transaction with the department.
Sec. 6. Effective date
Sections 28-1402, 28-1403 and 28-1461, Arizona Revised Statutes, as amended by this act are effective from and after December 31, 2019."
Amend title to conform