HB2005 - 541R

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

Section 1. Section 28-3392, Arizona Revised Statutes, as amended by Laws 2018, chapter 322, section 2, is amended to read:

START_STATUTE28-3392. 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 found guilty 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. END_STATUTE

Sec. 2. Title 28, chapter 8, article 7, Arizona Revised Statutes, is amended by adding section 28-3392.01, to read:

START_STATUTE28-3392.01. Eligibility after finding of responsibility or guilt; school completion; no appeal

A. If otherwise eligible pursuant to this article, a person who is found responsible for or found guilty of a traffic violation may elect to attend defensive driving school. The person must make this election at the time of the finding of responsibility or guilt. If the person does not elect to attend defensive driving school at the time of the finding of responsibility or guilt, the person is not eligible to attend defensive driving school. The person must successfully complete the course within forty-five days after the finding of responsibility or guilt.

B. If the person elects to attend defensive driving school after a finding of responsibility or guilt, the court shall defer entry of the final judgment of responsibility or guilt for forty-five days. If the person does not successfully complete defensive driving school within forty-five days after the finding of responsibility or guilt, the court shall enter the final judgment of responsibility or guilt and proceed to sentence the person.

C. A person who elects to attend defensive driving school after a finding of responsibility or guilt does not have the right to appeal the finding pursuant to section 22-371 or 22-425.END_STATUTE

Sec. 3. Section 28-3396, Arizona Revised Statutes, as amended by Laws 2018, chapter 322, section 5, is amended to read:

START_STATUTE28-3396. Court diversion fee

A. The presiding judge of each court shall:

1. Set the amount of the court diversion fee that an individual, including an individual who holds a commercial driver license, who attends a defensive driving school may be assessed.

2. Charge an individual a forty‑five dollar $45 surcharge if the individual attends a defensive driving school.

3. Immediately inform the supreme court in writing of the amount of the court diversion fee that is established for the court and the total cost to attend a defensive driving school.

4. Immediately inform the supreme court in writing of any changes in the total cost to attend a defensive driving school.

B. Payment of the court diversion fee and surcharge is in lieu of payment of a civil penalty or criminal fine and any surcharge that are imposed for a traffic violation, except that, in addition a person who successfully completes defensive driving school pursuant to section 28‑3392.01 shall pay the surcharge and assessment PRESCRIBED by section 28‑3396.01.

C. The driving school shall collect the court diversion fee and surcharge before or at the time an individual attends the school. On receipt of the diversion fee, the defensive driving school shall transmit the fee promptly to the appropriate court pursuant to procedures prescribed by the supreme court. On receipt of the surcharge, the defensive driving school shall transmit the surcharge promptly to the state treasurer for deposit, pursuant to sections 35‑146 and 35‑147, as follows:

1. The first ten million four hundred thousand dollars $10,400,000 in revenue annually in the department of public safety forensics fund established by section 41‑1730.

2. All remaining money in the state general fund. END_STATUTE

Sec. 4. Title 28, chapter 8, article 7, Arizona Revised Statutes, is amended by adding section 28-3396.01, to read:

START_STATUTE28-3396.01. Surcharges and assessments after finding of responsibility or conviction; disposition

A. A person who successfully completes defensive driving school after a finding of responsibility or guilt shall pay the surcharge and assessment provided for in sections 12-114, 12-114.01, 12-116.04, 12‑116.08, 12‑116.09 and 12‑116.10. The monies shall be transmitted and deposited as prescribed in sections 12‑114, 12‑114.01, 12‑116.04, 12‑116.08, 12‑116.09 and 12‑116.10.

B. A person who successfully completes defensive driving school after a finding of responsibility or guilt shall pay an assessment of $68.

C. On the last day of each month, the court shall transmit to the county treasurer the assessments collected pursuant to subsection B of this section and a remittance report of the assessments collected, except that municipal courts shall transmit the assessments and the remittance report of the assessments to the city or town treasurer.

D. Each assessment prescribed by subsection B of this section shall be distributed as follows:

1. $42 pursuant to section 12-116.01, subsection H.

2. $7 pursuant to section 12-116.01, subsection I.

3. $6 pursuant to section 12-116.01, subsection J.

4. $13 pursuant to section 12-116.02, subsection F.END_STATUTE

Sec. 5. Section 28-3397, Arizona Revised Statutes, is amended to read:

START_STATUTE28-3397. Additional fees; disposition

A. In addition to the court diversion fee and the fee for the cost to attend a defensive driving school, a person who attends a defensive driving school pursuant to this article or by a court order shall pay a fee of not more than fifteen dollars $20 that is established by the supreme court.

B. Before or at the time an individual attends a defensive driving school, the school shall collect the defensive driving school fund fee established pursuant to this section and the fee, if any, charged by the defensive driving school for the course.

C. The defensive driving school shall transmit the fee established by the supreme court pursuant to this section to the supreme court. The supreme court shall deposit the fee in the defensive driving school fund established by section 28‑3398 pursuant to procedures established by the supreme court. END_STATUTE

Sec. 6. Effective date

This act is effective from and after June 30, 2020.