ARIZONA HOUSE OF REPRESENTATIVES

57th Legislature, 2nd Regular Session

Majority Research Staff

Senate: JUDE DPA/SE 6-0-1-0 | Third Read 27-1-2-0-0

House: JUD DPA 8-0-0-2

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

SB 1413: moving violation; restitution cap removal

Sponsor: Senator Bolick, LD 2

House Engrossed

Overview

Removes the $100,000 statutory cap on restitution for the offense of causing serious physical injury or death by a moving violation and clarifies the red signal traffic offense.

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. 2)

2.   States that the offense, of causing serious physical injury or death by a moving violation, also applies when the moving violation occurs simultaneously with or in the course of an accident causing serious physical injury or death to another. (Sec. 2)

3.   Clarifies that it is a traffic violation if a vehicle failed to make a complete stop at a red light and, if not for another obstruction, would have entered the intersection. (Sec. 1)

4.   Makes technical and conforming changes. (Sec. 1, 2)

 

 

 

 

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Initials NM                SB 1413

4/9/2026          Page 0 House Engrossed

 

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