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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
Senate: JUDE DPA/SE 6-0-1-0 | Third Read 27-1-2-0-0House: JUD DPA 8-0-0-2 |
SB 1413: moving violation; restitution cap removal
Sponsor: Senator Bolick, LD 2
Caucus & COW
Overview
Removes the $100,000 statutory cap on restitution for the offense of causing serious physical injury or death by a moving violation.
History
A person commits the offense of causing serious physical injury or death by a moving violation if the person commits a moving violation and the violation results in an accident-causing serious physical injury or death to another person. Such an offence is a class 1 misdemeanor. Statute also requires the person to complete traffic survival school, authorizes community restitution and requires the court to direct suspension or restriction of the person’s driving privilege for specified periods (A.R.S. § 28-672).
Under general criminal sentencing law, if a person is convicted of an offense, the court must order restitution in the full amount of the victim’s economic loss. Economic loss includes lost earnings and other losses that would not have been incurred but for the offense, but does not include pain and suffering, punitive damages or consequential damages. For the offense of causing serious physical injury or death by a moving violation, restitution may not exceed $100,000 (A.R.S. §§ 13-603; 13-105; 28-672).
Provisions
1. Repeals the provision that limits restitution, for causing serious physical injury or death by a moving violation, to no more than $100,000. (Sec. 1)
2. Makes conforming changes. (Sec. 1)
Amendments
Committee on Judiciary
1. Clarifies that it is a traffic violation if a vehicle failed to make a complete stop at a red light and, but for another obstruction, would have entered the intersection.
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Initials NM SB 1413
3/26/2026 Page 0 Caucus & COW
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