Bill Text: AZ HB2288 | 2012 | Fiftieth Legislature 2nd Regular | Introduced
Bill Title: DUI; drugs; driver license revocation
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-18 - Referred to House JUD Committee [HB2288 Detail]
Download: Arizona-2012-HB2288-Introduced.html
|
REFERENCE TITLE: DUI; drugs; driver license revocation |
|
State of Arizona House of Representatives Fiftieth Legislature Second Regular Session 2012
|
|
HB 2288 |
|
|
|
Introduced by Representative Smith D
|
AN ACT
amending sections 28-1559, 28-3304 and 28-3315, Arizona Revised Statutes; relating to driver license regulation.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-1559, Arizona Revised Statutes, is amended to read:
28-1559. Traffic case records; abstract of record; reports
A. Each magistrate, judge or hearing officer of a court shall:
1. Keep or cause to be kept a record of each traffic complaint or other legal form of traffic charge deposited with or presented to the court or its traffic violations bureau.
2. Keep a record of each official action by the court or its traffic violations bureau in reference to each traffic complaint or other legal form of traffic charge deposited with or presented to the court or its traffic violations bureau, including but not limited to a record of:
(a) Each conviction, forfeiture of bail or deposit, judgment of acquittal or civil adjudication.
(b) The amount of the civil penalty, fine or forfeiture resulting from each traffic complaint deposited with or presented to the court or traffic violations bureau.
B. Within ten days after the conviction, judgment or forfeiture of bail or deposit of a person on a charge of violating chapter 3 or 4 of this title or this chapter or any other law regulating the operation of vehicles on highways, each magistrate of the court or clerk of the court of record in which the conviction or judgment was had or bail or deposit was forfeited shall prepare and immediately forward to the department an abstract of the record of the court covering the case in which the person either:
1. Was convicted.
2. Was adjudicated to have committed a civil traffic violation.
3. Forfeited bail or deposit.
C. The person required to prepare the abstract shall certify that it is true and correct.
D. A report is not required for a conviction or civil adjudication involving the illegal parking or standing of a vehicle.
E. The abstract shall be made on a form furnished or in a manner prescribed by the department and shall include:
1. The name and address of the party charged.
2. The number, if any, of the driver license of the party charged.
3. The registration number of the vehicle involved.
4. The nature of the offense or civil traffic violation.
5. The date of the hearing, the plea, the judgment or whether bail or deposit was forfeited.
6. The amount of the fine, civil penalty or forfeiture.
F. Each court of record shall also forward a like report to the department on the conviction of a person of homicide or aggravated assault resulting from the operation of a motor vehicle or any other felony in the commission of which a motor vehicle was used. To facilitate the preparation of the report, the sentencing minute entry that is issued by the court shall indicate if the person was convicted of an offense that required the mandatory revocation of a driver license pursuant to section 28‑3304, subsection A, paragraph 1, 2, 3, 4, or 5 or 6.
G. The department shall keep all abstracts received under this section for inspection as required by law.
H. Each judge, referee, hearing officer, probation officer or other person responsible for the disposition of cases involving traffic offenses or civil violations committed by persons under eighteen years of age shall:
1. Keep a full record of each case in which the person is charged with a violation of chapter 3 or 4 of this title or this chapter or any other law regulating the operation of vehicles on highways.
2. Report the offense or civil violation to the department at its office in Phoenix not more than thirty days after the date on which it was committed, except that a report is not required for parking violations or if it is found that the offense or civil violation was not committed.
I. The report required by subsection H of this section shall:
1. Be made on a form furnished or in a manner prescribed by the department.
2. Contain:
(a) All necessary information as to the identity of the offender.
(b) The citing or arresting agency.
(c) The date and nature of the offense or civil violation.
(d) The date of the hearing, the plea, the judgment or whether bail or deposit was forfeited.
(e) The amount of the fine, civil penalty or forfeiture.
J. Failure, refusal or neglect of a judicial officer to comply with this section is misconduct in office and grounds for removal from office.
Sec. 2. Section 28-3304, Arizona Revised Statutes, is amended to read:
28-3304. Mandatory revocation of license; definition
A. In addition to the grounds for mandatory revocation provided for in chapters 3, 4 and 5 of this title, the department shall immediately revoke the license of a driver on receipt of a record of the driver's conviction of any of the following offenses if the conviction is final:
1. A homicide or aggravated assault resulting from the operation of a motor vehicle.
2. Driving a motor vehicle while under the influence of a drug as defined in section 13‑3401 or in violation of section 28‑1381, subsection A, paragraph 3.
3. 2. A felony in the commission of which a motor vehicle is used.
4. 3. Theft of a motor vehicle pursuant to section 13‑1802.
5. 4. Unlawful use of means of transportation pursuant to section 13‑1803.
6. 5. Theft of means of transportation pursuant to section 13‑1814.
7. 6. Drive by shooting pursuant to section 13‑1209.
8. 7. Failure to stop and render aid as required under the laws of this state if a motor vehicle accident results in the death or personal injury of another.
9. 8. Perjury or the making of a false affidavit or statement under oath to the department under this chapter or under any other law relating to the ownership or operation of a motor vehicle.
10. 9. Conviction or forfeiture of bail not vacated on a second or subsequent charge of the following offenses that are committed within eighty‑four months:
(a) Reckless driving.
(b) Racing on highways.
(c) Any combination of a violation of section 28‑1381 or 28‑1382 and reckless driving, of a violation of section 28‑1381 or 28‑1382 and racing on highways, or of reckless driving and racing on highways, if they do not arise out of the same event.
11. 10. Conviction or forfeiture of bail not vacated on a second charge of violating section 28‑1381 or 28‑1382 within eighty-four months.
12. 11. Conviction or forfeiture of bail not vacated on a third or subsequent charge of violating section 28‑1381 or 28‑1382 within eighty-four months.
13. 12. Conviction or forfeiture of bail not vacated on a charge of violating section 28‑1381 or 28‑1382 and the driver has been convicted within a period of eighty-four months of an offense in another jurisdiction that if committed in this state would be a violation of section 28‑1381 or 28‑1382.
B. In determining the starting date for the eighty-four month period prescribed in subsection A, paragraphs 10 9 through 13 12 of this section, the department shall use the date of the commission of the offense.
C. For the purposes of this section, "conviction" means a final adjudication or judgment, including an order of a juvenile court finding that a juvenile violated any provision of this title or committed a delinquent act that if committed by an adult would constitute a criminal offense.
Sec. 3. Section 28-3315, Arizona Revised Statutes, is amended to read:
28-3315. Period of suspension, revocation or disqualification; unlicensed drivers
A. The department shall not suspend, revoke or disqualify a driver license or privilege to drive a motor vehicle on the public highways for more than one year from the date of a conviction or judgment, if any, against a person for which this chapter makes revocation, suspension or disqualification mandatory or from the date the notice is sent pursuant to section 28‑3318 if no conviction was involved, except as permitted under subsection E of this section and sections 28‑3312, 28‑3319 and 28‑3320.
B. A person whose license or privilege to drive a motor vehicle on the public highways has been revoked may apply for a new license as provided by law after the cause of the revocation is removed or after expiration of the revocation period prescribed by law. After the department investigates an applicant's driving record in this state or another state by examining department records or other sufficient evidence to determine that all withdrawal actions are complete, that the applicant has not committed any traffic violations within twelve months preceding application and that all other statutory requirements are satisfied, the department may issue a new license.
C. The department shall not accept an application for reinstatement of a driver license until after the twelve month period prescribed in subsection B of this section has elapsed.
D. If the revocation is related to alcohol or other drugs, the person shall provide the department with a current evaluation from a physician licensed pursuant to title 32, chapter 13, 17 or 29, a psychologist licensed pursuant to title 32, chapter 19.1 or a substance abuse counselor as defined in section 28‑3005 indicating that, in the opinion of the physician, psychologist or counselor, the condition does not affect or impair the person's ability to safely operate a motor vehicle. For the purposes of reinstating a license or driving privilege pursuant to this article, the department may rely on the opinion of a physician licensed pursuant to title 32, chapter 13, 17 or 29, a psychologist licensed pursuant to title 32, chapter 19.1 or a substance abuse counselor as defined in section 28‑3005.
E. Notwithstanding subsections A and B of this section:
1. A person whose license or privilege to drive is revoked pursuant to section section 28‑3304, subsection A, paragraph 1 or 12 11 is not entitled to have the person's license or privilege renewed or restored for three years.
2. A person whose license or privilege to drive is revoked pursuant to section 13‑1209 is not entitled to have the person's license or privilege renewed or restored for the period of time ordered by the court.
3. A person whose license, permit or privilege to drive is revoked pursuant to section 28‑661, subsection E is not entitled to have the person's license, permit or privilege renewed or restored for five years.
4. A person whose license, permit or privilege to drive is revoked pursuant to section 28‑661, subsection F is not entitled to have the person's license, permit or privilege renewed or restored for three years.
F. If an unlicensed driver commits an offense for which a driver license could be suspended, revoked or disqualified, the department shall not accept the unlicensed driver's application for a driver license for a period equal to the period of time that applies to a driver with a license. If the offense is one for which a driver license could be revoked, the department shall not accept the unlicensed driver's application for a driver license unless it investigates the character, habits and driving ability of the person and is satisfied that it is safe to grant the privilege of driving a motor vehicle on the public highways.
G. The expiration of a person's license during the period of time it is under suspension, revocation or disqualification does not invalidate or terminate the suspension, revocation or disqualification.
H. A person whose license or privilege to drive a motor vehicle on the public highways has been suspended pursuant to section 28‑3306, subsection A, paragraph 5 or section 28‑3314 may apply for a new license as provided by law after the cause for suspension is removed or after expiration of the suspension period prescribed by law if both of the following conditions are met:
1. The department is satisfied, after reviewing the medical condition and driving ability of the person, that it is safe to grant the person the privilege of driving a motor vehicle on the public highways.
2. If the person has a medical condition related to alcohol or other drugs, the person provides the department with a current evaluation form from a physician licensed pursuant to title 32, chapter 13, 17 or 29, a psychologist licensed pursuant to title 32, chapter 19.1 or a substance abuse counselor as defined in section 28‑3005 indicating that, in the opinion of the physician, psychologist or counselor, the condition does not affect or impair the person's ability to operate a motor vehicle in a safe manner.
