ARIZONA STATE SENATE

KAYTIE SHERMAN

ASSISTANT RESEARCH ANALYST

ZACK DEAN

LEGISLATIVE RESEARCH ANALYST

JUDICIARY & ELECTIONS COMMITTEE

Telephone: (602) 926-3171

RESEARCH STAFF

TO:                  MEMBERS OF THE SENATE

JUDICIARY & ELECTIONS COMMITTEE

DATE:            February 13, 2026

SUBJECT:      Strike everything amendment to S.B. 1413, relating to moving violation; restitution cap removal

Purpose

            Removes the $100,000 cap on restitution that may be awarded as a result of causing serious physical injury or death by a moving violation.

Background

            A person is guilty of causing serious physical injury or death by a moving violation if the violation results in an accident that causes serious physical injury or death to another person and is a prescribed moving violation, including but not limited to: 1) red light signal violations;
2) speeding in a highway work zone; and 3) failure to yield right-of-way at an intersection or crosswalk. Prosecution for causing serious physical injury or death by a moving violation must be commenced within two years after actual discovery of the offense by the State or the political subdivision having jurisdiction over the matter or discovery that should have occurred when exercising reasonable diligence, whichever occurs first. Causing serious physical injury or death by a moving violation is class 1 misdemeanor and restitution awarded as a result of the violation may not exceed $100,000 (A.R.S. § 28-672).

            There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1. Removes the $100,000 cap on restitution that may be awarded as a result of causing serious physical injury or death by a moving violation.

2. Makes conforming changes.

3. Becomes effective on the general effective date.