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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
House: JUD DPA 5-3-1-0 |
HB 2345: unlawful presence; commercial vehicle; forfeiture
Sponsor: Representative Livingston, LD 28
Caucus & COW
Overview
Establishes a new criminal offense for a person who is unlawfully present in the United States and possesses a falsified commercial driver license (CDL). If driving a commercial vehicle at the time of the offence, the vehicle is to be sold at auction, and the proceeds deposited in the Highway User Revenue Fund (HURF).
History
A CDL is issued by the Arizona Department of Transportation and authorizes an individual to operate commercial motor vehicles, which are vehicles used in commerce that generally include high-weight vehicles, buses and vehicles transporting hazardous materials (A.R.S. § 28-3001; ADOT, License Information CDL).
Under current law, it is a class 2 misdemeanor to knowingly possess or display a canceled, revoked, suspended, fictitious or fraudulently altered driver license, including a CDL. It is also unlawful to intentionally alter, forge or counterfeit a driver license or identification license; this crime is a class 1 misdemeanor, elevated to a class 6 felony if serious physical injury results from the underlying act (A.R.S. §§ 28-3476; 28-3478).
HURF consists of monies collected from various transportation-related taxes and fees such as gasoline taxes, motor-carrier taxes, vehicle-license taxes and motor vehicle registration fees. Monies deposited in HURF are distributed to the cities, towns and counties and to the State Highway Fund. These taxes represent a primary source of revenues available to the state for highway construction (ADOT, Highway User Revenue Fund; A.R.S. Title 28, Chapter 18).
Provisions
1. Establishes that, notwithstanding any other law, it is unlawful for a person whose presence in the United States is not authorized under federal law to possess a falsified CDL and classifies a violation as a class 5 felony. (Sec. 1)
2. Requires that, notwithstanding any other law, if a person violated the aforesaid while operating a commercial motor vehicle, the peace officer shall seize the commercial motor vehicle for forfeiture. (Sec. 1)
3. Instructs, if the commercial motor vehicle is titled to the violator, that the vehicle be sold at auction. (Sec. 1)
4. Instructs that, if the commercial motor vehicle is titled to a person who knowingly employed the violator:
a. the vehicle be sold at auction; and
b. the employer pay a civil penalty equal to the fair market value of the commercial vehicle seized. (Sec. 1)
5. Directs the Department of Transportation to deposit any auction proceeds or civil penalties collected under this Act into HURF. (Sec. 1)
6. Makes conforming changes. (Sec. 2)
Amendments
Committee on Judiciary
1. Specifies that forfeiture is to be carried out in accordance with existing statute and that any interests or loans against the vehicle are to be paid out of the auction monies before they are sent to HURF.
2. Makes a technical correction.
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Initials NM HB 2345
1/28/2026 Page 0 Caucus & COW
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