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ARIZONA STATE SENATE

Fifty-Seventh Legislature, Second Regular Session

 

FACT SHEET FOR S.B. 1538

 

moving violation; citation; AZPOST-certified officer

Purpose

Restricts the authority to issue a moving civil traffic violation to only peace officers.

Background

            A traffic complaint may be served by delivering a copy of the uniform traffic ticket and complaint to the person charged with the violation or by any means authorized by the Arizona Rules of Civil Procedure. Service of the complaint is complete on filing the receipt in the court having jurisdiction of the violation. A peace officer, or duly authorized agent or someone paid to act on behalf of a traffic enforcement agency, may issue the traffic complaint (A.R.S. § 28-1593).

            Peace officers are county sheriffs, constables, marshals, city and town policemen, commissioned personnel of the Department of Public Safety, personnel who are employed by the Arizona Department of Corrections, Rehabilitation and Reentry and Arizona Department of Juvenile Corrections and have received a certificate from the Arizona Peace Officer Standards and Training Board (AZPOST), peace officers who are appointed by a multicounty water conservation district and have received a certificate from AZPOST, police officers who are appointed by community college district governing boards and have received a certificate from AZPOST, police officers who are appointed by the Arizona Board of Regents and have received a certificate from AZPOST, police officers who are appointed by the governing body of a public airport and have received a certificate from AZPOST, peace officers who are appointed by a private postsecondary institution and have received a certificate from AZPOST and special agents from the Office of the Attorney General, or of a county attorney, and have received a certificate from AZPOST (A.R.S. § 1-215).

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

Provisions

1.   Stipulates that a moving civil traffic violation may only be issued by a peace officer.

2.   Makes technical changes.

3.   Becomes effective on the general effective date.

Prepared by Senate Research

February 9, 2026

KJA/hk