Bill Text: AZ HB2756 | 2012 | Fiftieth Legislature 2nd Regular | Introduced
Bill Title: DUI; marijuana; presumptive impairment
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2012-02-16 - House JUD Committee action: Held [HB2756 Detail]
Download: Arizona-2012-HB2756-Introduced.html
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REFERENCE TITLE: DUI; marijuana; presumptive impairment |
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State of Arizona House of Representatives Fiftieth Legislature Second Regular Session 2012
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HB 2756 |
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Introduced by Representatives Reeve, Tobin
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AN ACT
amending sections 9-499.07, 11-251.15, 11-459, 28-1381, 28-1387, 28-1401 and 28-3319, Arizona Revised Statutes; relating to driving under the influence.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 9-499.07, Arizona Revised Statutes, is amended to read:
9-499.07. Prisoner work, community restitution work and home detention program; eligibility; monitoring; procedures; continuous alcohol monitoring program; home detention for persons sentenced for driving under the influence of alcohol or drugs
A. A city or town may establish a prisoner work, community restitution work and home detention program for eligible sentenced prisoners, which shall be treated the same as confinement in jail. The presiding judge of the city or town municipal court shall approve the program before its implementation.
B. A prisoner is not eligible for a prisoner work, community restitution work and home detention program or a continuous alcohol monitoring program if any of the following applies:
1. The prisoner is found by the city or town to constitute a risk to either himself or other members of the community.
2. The prisoner has a past history of violent behavior.
3. The sentencing judge states at the time of the sentence that the prisoner may not be eligible for a prisoner work, community restitution work and home detention program or a continuous alcohol monitoring program.
C. For prisoners who are selected for a program established pursuant to subsection A of this section, the city or town may require electronic monitoring in the prisoner's home whenever the prisoner is not at the prisoner's regular place of employment or while the prisoner is assigned to a community work task. If electronic monitoring is required, the prisoner shall remain under the control of a home detention device that constantly monitors the prisoner's location in order to determine that the prisoner has not left the prisoner's premises. In all other cases, the city or town shall implement a system of monitoring using telephone contact or other appropriate methods to assure compliance with the home detention requirements. The city or town may place appropriate restrictions on prisoners in the program, including testing prisoners for consumption of alcoholic beverages or drugs or prohibiting association with individuals who are determined to be detrimental to the prisoner's successful participation in the program.
D. If a prisoner is placed on electronic monitoring pursuant to subsection C of this section, the prisoner shall pay the electronic monitoring fee in an amount ranging from zero to full cost and thirty dollars per month while on electronic monitoring, unless, after determining the inability of the prisoner to pay these fees, the city or town assesses a lesser fee. The city or town shall use the fees collected to offset operational costs of the program.
E. Prisoners who are selected for the home detention program shall be employed within the county in which the city or town is located. The city or town shall review the place of employment to determine whether it is appropriate for a home detention prisoner. If the prisoner is terminated from employment or does not come to work, the employer shall notify the city or town. Alternatively, or in addition, a community restitution work assignment may be made by the city or town to a program recommended by the community restitution work committee. If a prisoner is incapable of performing community restitution or being employed, the city or town may exempt the prisoner from these programs.
F. The city or town may require that a prisoner who is employed during the week also participate in community restitution work programs on weekends.
G. The city or town may allow prisoners to be away from home detention for special purposes, including church attendance, medical appointments or funerals.
H. Community restitution work shall include public works projects operated and supervised by the city or town or other public agencies of this state or projects sponsored and supervised by public or private community oriented organizations and agencies.
I. A city or town implementing a program established pursuant to subsection A of this section shall appoint a community restitution work committee. The committee shall recommend to the city or town appropriate community restitution work projects for home detention prisoners. Members are not eligible to receive compensation.
J. At any time the city or town may terminate a prisoner's participation in the prisoner work, community restitution work and home detention program or continuous alcohol monitoring program and require that the prisoner complete the remaining term of the prisoner's sentence in jail confinement.
K. Nothing in this section shall prohibit a city or town from entering into a joint exercise of powers agreement pursuant to section 11‑952 for a prisoner work, community restitution work and home detention program.
L. If authorized by the court, a person who is sentenced pursuant to section 28‑1381 or 28‑1382 shall not be placed under home detention in a prisoner work, community restitution work and home detention program or continuous alcohol monitoring program except as provided in subsections M through S of this section.
M. By a majority vote of the full membership of the governing body of the municipality after a public hearing and a finding of necessity, a city or town may establish a home detention program for persons who are sentenced to jail confinement pursuant to section 28‑1381 or 28‑1382. A prisoner who is placed under the program established pursuant to this subsection shall bear the cost of all testing, monitoring and enrollment in alcohol or substance abuse programs unless, after determining the inability of the prisoner to pay the cost, the court assesses a lesser amount. The city or town shall use the collected monies to offset operational costs of the program.
N. A city or town may establish a continuous alcohol monitoring program for persons who are sentenced to jail confinement pursuant to section 28-1381 or 28-1382, which shall be treated the same as confinement in jail. The presiding judge of the city or town municipal court shall approve the program before its implementation. A prisoner who is placed under a continuous alcohol monitoring program established pursuant to this subsection shall bear the cost of all testing, monitoring and enrollment in the program and pay thirty dollars per month while in the program, unless, after determining the inability of the prisoner to pay the cost, the court assesses a lesser amount. The city or town shall use the collected monies to offset operational costs of the program.
O. If the city or town establishes a home detention or continuous alcohol monitoring program under subsection M or N of this section, a prisoner must meet the following eligibility requirements for the program:
1. Subsection B of this section applies in determining eligibility for the program.
2. If the prisoner is sentenced under section 28‑1381, subsection I J, the prisoner first serves a minimum of one day in jail.
3. Notwithstanding section 28‑1387, subsection C, if the prisoner is sentenced under section 28‑1381, subsection K L or section 28‑1382, subsection D or E, the prisoner first serves a minimum of twenty per cent of the initial term of incarceration in jail before being placed under home detention or continuous alcohol monitoring.
4. If placed under home detention, the prisoner is required to comply with all of the following provisions for the duration of the prisoner's participation in the home detention program:
(a) All of the provisions of subsections C through H of this section.
(b) Testing at least once a day for the use of alcoholic beverages or drugs by a scientific method that is not limited to urinalysis or a breath or intoxication test in the prisoner's home or at the office of a person designated by the court to conduct these tests.
(c) Participation in an alcohol or drug program, or both. These programs shall be accredited by the department of health services or a county probation department.
(d) Prohibition of association with any individual determined to be detrimental to the prisoner's successful participation in the program.
(e) All other provisions of the sentence imposed.
5. Any additional eligibility criteria that the city or town may impose.
P. If a city or town establishes a home detention program under subsection M of this section, the court, on placing the prisoner in the program, shall require electronic monitoring in the prisoner's home and, if consecutive hours of jail time are ordered, shall require the prisoner to remain at home during the consecutive hours ordered. The detention device shall constantly monitor the prisoner's location to ensure that the prisoner does not leave the premises. Nothing in this subsection shall be deemed to waive the minimum jail confinement requirements under subsection O, paragraph 2 of this section.
Q. The court shall terminate a prisoner's participation in the home detention or continuous alcohol monitoring program and require the prisoner to complete the remaining term of the jail sentence by jail confinement if:
1. The prisoner fails to successfully complete a court ordered alcohol or drug screening, counseling, education and treatment program pursuant to subsection O, paragraph 4, subdivision (c) of this section or section 28‑1381, subsection J k or L M.
2. If placed under home detention, the court finds that the prisoner left the premises without permission of the court or supervising authority during a time the prisoner is ordered to be on the premises.
R. At any other time the court may terminate a prisoner's participation in the home detention or continuous alcohol monitoring program and require the prisoner to complete the remaining term of the jail sentence by jail confinement.
S. The governing body of the city or town may terminate the program established under subsection M of this section by a majority vote of the full membership of the governing body.
Sec. 2. Section 11-251.15, Arizona Revised Statutes, is amended to read:
11-251.15. Prisoner home detention program; eligibility; monitoring; procedures; continuous alcohol monitoring program; home detention for persons sentenced for driving under the influence of alcohol or drugs
A. A county may establish a home detention program for eligible sentenced prisoners, which shall be treated the same as confinement in jail. The presiding justice of the peace of the county justice court shall approve the program before its implementation.
B. A prisoner is not eligible for a home detention program or a continuous alcohol monitoring program if any of the following applies:
1. The prisoner is found by the court to constitute a risk to either himself or other members of the community.
2. The prisoner has a past history of violent behavior.
3. The sentencing judge states at the time of the sentence that the prisoner may not be eligible for a home detention program or a continuous alcohol monitoring program.
C. For prisoners who are selected for a program established pursuant to subsection A of this section, the court may require electronic monitoring in the prisoner's home whenever the prisoner is not at the prisoner's regular place of employment or while the prisoner is assigned to a community work task. If electronic monitoring is required, the prisoner shall remain under the control of a home detention device that constantly monitors the prisoner's location in order to determine that the prisoner has not left the prisoner's premises. In all other cases, the court shall implement a system of monitoring using telephone contact or other appropriate methods to assure compliance with the home detention requirements. The court may place appropriate restrictions on prisoners in the program, including testing prisoners for consumption of alcoholic beverages or drugs or prohibiting association with individuals who are determined to be detrimental to the prisoner's successful participation in the program.
D. If a prisoner is placed on electronic monitoring pursuant to subsection C of this section, the prisoner shall pay the electronic monitoring fee in an amount ranging from zero to full cost and thirty dollars per month while on electronic monitoring, unless, after determining the inability of the prisoner to pay these fees, the court assesses a lesser fee. The county shall use the fees collected to offset operational costs of the program.
E. Prisoners who are selected for the home detention program shall be employed in the county in which they are incarcerated. The court shall review the place of employment to determine whether it is appropriate for a home detention prisoner. If the prisoner is terminated from employment or does not come to work, the employer shall notify the court.
F. The court may allow prisoners to be away from home detention for special purposes, including church attendance, medical appointments or funerals.
G. At any time the court may terminate a prisoner's participation in the home detention program or continuous alcohol monitoring program and require that the prisoner complete the remaining term of the prisoner's sentence in jail confinement.
H. If authorized by the court, a person who is sentenced pursuant to section 28‑1381 or 28‑1382 shall not be placed under home detention or a continuous alcohol monitoring program except as provided in subsections I through N of this section.
I. By a majority vote of the full membership of the board of supervisors after a public hearing and a finding of necessity, a county may establish a home detention program for persons who are sentenced to jail confinement pursuant to section 28-1381 or 28-1382. A prisoner who is placed under the program established pursuant to this subsection shall bear the cost of all testing, monitoring and enrollment in alcohol or substance abuse programs unless, after determining the inability of the prisoner to pay the cost, the court assesses a lesser amount. The county shall use the collected monies to offset operational costs of the program.
J. A county may establish a continuous alcohol monitoring program for persons who are sentenced to jail confinement pursuant to section 28-1381 or 28-1382, which shall be treated the same as confinement in jail. The presiding justice of the peace of the county justice court shall approve the program before its implementation. A prisoner who is placed under a continuous alcohol monitoring program established pursuant to this section shall bear the cost of all testing, monitoring and enrollment in the program and pay thirty dollars per month while in the program, unless, after determining the inability of the prisoner to pay the cost, the court assesses a lesser amount. The county shall use the collected monies to offset operational costs of the program.
K. If the county establishes a home detention or continuous alcohol monitoring program under subsection I or J of this section, a prisoner must meet the following eligibility requirements for the program:
1. Subsection B of this section applies in determining eligibility for the program.
2. If the prisoner is sentenced under section 28‑1381, subsection I J, the prisoner first serves a minimum of one day in jail.
3. Notwithstanding section 28-1387, subsection C, if the prisoner is sentenced under section 28-1381, subsection K L or section 28-1382, subsection D or E, the prisoner first serves a minimum of twenty per cent of the initial term of incarceration in jail before being placed under home detention or continuous alcohol monitoring.
4. If placed under home detention, the prisoner is required to comply with all of the following provisions for the duration of the prisoner's participation in the home detention program:
(a) All of the provisions of subsections C through F of this section.
(b) Testing at least once a day for the use of alcoholic beverages or drugs by a scientific method that is not limited to urinalysis or a breath or intoxication test in the prisoner's home or at the office of a person designated by the court to conduct these tests.
(c) Participation in an alcohol or drug program, or both. These programs shall be accredited by the department of health services or a county probation department.
(d) Prohibition of association with any individual determined to be detrimental to the prisoner's successful participation in the program.
(e) All other provisions of the sentence imposed.
5. Any additional eligibility criteria that the court may impose.
L. If a county establishes a home detention program under subsection I of this section, the court, on placing the prisoner in the program, shall require electronic monitoring in the prisoner's home and, if consecutive hours of jail time are ordered, shall require the prisoner to remain at home during the consecutive hours ordered. The detention device shall constantly monitor the prisoner's location to ensure that the prisoner does not leave the premises.
M. The court shall terminate a prisoner's participation in the home detention or continuous alcohol monitoring program and require the prisoner to complete the remaining term of the jail sentence by jail confinement if:
1. The prisoner fails to successfully complete a court ordered alcohol or drug screening, counseling, education and treatment program pursuant to subsection K, paragraph 4, subdivision (c) of this section or section 28‑1381, subsection J K or L M.
2. If placed under home detention, the court finds that the prisoner left the premises without permission of the court or supervising authority during a time the prisoner is ordered to be on the premises.
N. At any other time the court may terminate a prisoner's participation in the home detention or continuous alcohol monitoring program and require the prisoner to complete the remaining term of the jail sentence by jail confinement.
O. The county board of supervisors may terminate the program established under subsection I of this section by a majority vote of the full membership of the governing body.
Sec. 3. Section 11-459, Arizona Revised Statutes, is amended to read:
11-459. Prisoner work, community restitution work and home detention program; eligibility; monitoring; procedures; continuous alcohol monitoring program; home detention for persons sentenced for driving under the influence of alcohol or drugs; community restitution work committee; members; duties
A. The sheriff may establish a prisoner work, community restitution work and home detention program for eligible sentenced prisoners, which shall be treated the same as confinement in jail and shall fulfill the sheriff's duty to take charge of and keep the county jail and prisoners.
B. A prisoner is not eligible for a prisoner work, community restitution work and home detention program or a continuous alcohol monitoring program if any of the following applies:
1. After independent review and determination of the jail's classification program, the prisoner is found by the sheriff to constitute a risk to either himself or other members of the community.
2. The prisoner has a past history of violent behavior.
3. The prisoner has been convicted of a serious offense as defined in section 13‑706 or has been sentenced as a dangerous offender pursuant to section 13‑704 or repetitive offender pursuant to section 13‑703.
4. Jail time is being served as a result of a felony conviction.
5. The sentencing judge states at the time of the sentence that the prisoner may not be eligible for a prisoner work, community restitution work and home detention program or a continuous alcohol monitoring program.
6. The prisoner is sentenced to a county jail and is being held for another jurisdiction.
C. If a prisoner is selected for a program established pursuant to subsection A of this section, the sheriff may require electronic monitoring in the prisoner's home whenever the prisoner is not at the prisoner's regular place of employment or while the prisoner is assigned to a community work task. If electronic monitoring is required, the prisoner shall remain under the control of a home detention device that constantly monitors the prisoner's location in order to determine that the prisoner has not left the prisoner's premises. In all other cases, the sheriff shall implement a system of monitoring using visitation, telephone contact or other appropriate methods to assure compliance with the home detention requirements. The sheriff may place appropriate restrictions on prisoners in the program, including testing prisoners for consumption of alcoholic beverages or drugs or prohibiting association with individuals who are determined to be detrimental to the prisoner's successful participation in the program.
D. If a prisoner is placed on electronic monitoring pursuant to subsection C of this section, the prisoner shall pay the electronic monitoring fee in an amount ranging from zero to full cost and thirty dollars per month while on electronic monitoring, unless, after determining the inability of the prisoner to pay these fees, the sheriff assesses a lesser fee. The sheriff shall use the fees collected to offset operational costs of the program.
E. Prisoners who are selected for the home detention program shall be employed in the county in which they are incarcerated. The sheriff shall review the place of employment to determine whether it is appropriate for a home detention prisoner. If the prisoner is terminated from employment or does not come to work, the employer shall notify the sheriff's office. Alternatively, or in addition, a community restitution work assignment may be made by the sheriff to a program recommended to the sheriff by the community restitution work committee. If a prisoner is incapable of performing community restitution or being employed, the sheriff may exempt the prisoner from these programs.
F. The sheriff may require that a prisoner who is employed during the week also participate in community restitution work programs on weekends.
G. The sheriff may allow prisoners to be away from home detention for special purposes, including church attendance, medical appointments or funerals. The standard for review and determination of such leave is the same as that implemented to decide transportation requests for similar purposes made by prisoners who are confined in the county jail.
H. Community restitution work shall include public works projects operated and supervised by public agencies of this state or counties, cities or towns on recommendation of the community restitution work committee and approval of the sheriff. The community restitution work committee may also recommend and the sheriff may approve other forms of community restitution work sponsored and supervised by public or private community oriented organizations and agencies.
I. The community restitution work committee is established in each county and is composed of two designees of the sheriff, a representative of the county attorney's office selected by the county attorney, a representative of a local police agency selected by the police chief of the largest city in the county and three persons selected by the county board of supervisors from the private sector. A sheriff's designee shall serve as committee chairman and schedule all meetings. The committee shall meet as often as necessary, but no less than once every three months, for the purpose of considering and recommending appropriate community restitution work projects for home detention prisoners. The committee shall make its recommendations to the sheriff. Members are not eligible to receive compensation.
J. At any time the sheriff may terminate a prisoner's participation in the prisoner work, community restitution work and home detention program or continuous alcohol monitoring program and require that the prisoner complete the remaining term of the prisoner's sentence in jail confinement.
K. If authorized by the court, a person who is sentenced pursuant to section 28‑1381 or 28‑1382 shall not be placed under home detention in a prisoner work, community restitution work and home detention program or a continuous alcohol monitoring program except as provided in subsections L through R of this section.
L. By a majority vote of the full membership of the board of supervisors after a public hearing and a finding of necessity a county may authorize the sheriff to establish a home detention program for persons who are sentenced to jail confinement pursuant to section 28‑1381 or 28‑1382. If the board authorizes the establishment of a home detention program, a county sheriff may establish the program. A prisoner who is placed under the program established pursuant to this subsection shall bear the cost of all testing, monitoring and enrollment in alcohol or substance abuse programs unless, after determining the inability of the prisoner to pay the cost, the court assesses a lesser amount. The county shall use the collected monies to offset operational costs of the program.
M. A county sheriff may establish a continuous alcohol monitoring program for persons who are sentenced to jail confinement pursuant to section 28‑1381 or 28‑1382, which shall be treated the same as confinement in jail and shall fulfill the sheriff's duty to take charge of and keep the county jail and prisoners. A prisoner who is placed under a continuous alcohol monitoring program established pursuant to this subsection shall bear the cost of all testing, monitoring and enrollment in the program and pay thirty dollars per month while in the program, unless, after determining the inability of the prisoner to pay the cost, the court assesses a lesser amount. The county shall use the collected monies to offset operational costs of the program.
N. If a county sheriff establishes a home detention or continuous alcohol monitoring program under subsection L or M of this section, a prisoner must meet the following eligibility requirements for the program:
1. Subsection B of this section applies in determining eligibility for the program.
2. If the prisoner is sentenced under section 28‑1381, subsection I J, the prisoner first serves a minimum of one day in jail.
3. Notwithstanding section 28‑1387, subsection C, if the prisoner is sentenced under section 28‑1381, subsection K L or section 28‑1382, subsection D or E, the prisoner first serves a minimum of twenty per cent of the initial term of incarceration in jail before being placed under home detention or continuous alcohol monitoring.
4. If placed under home detention, the prisoner is required to comply with all of the following requirements for the duration of the prisoner's participation in the home detention program:
(a) All of the provisions of subsections C through H of this section.
(b) Testing at least once a day for the use of alcoholic beverages or drugs by a scientific method that is not limited to urinalysis or a breath or intoxication test in the prisoner's home or at the office of a person designated by the court to conduct these tests.
(c) Participation in an alcohol or drug program, or both. These programs shall be accredited by the department of health services or a county probation department.
(d) Prohibition of association with any individual determined to be detrimental to the prisoner's successful participation in the program.
(e) All other provisions of the sentence imposed.
5. Any additional eligibility criteria that the county may impose.
O. If a county sheriff establishes a home detention program under subsection L of this section, the court, on placing the prisoner in the program, shall require electronic monitoring in the prisoner's home and, if consecutive hours of jail time are ordered, shall require the prisoner to remain at home during the consecutive hours ordered. The detention device shall constantly monitor the prisoner's location to ensure that the prisoner does not leave the premises. Nothing in this subsection shall be deemed to waive the minimum jail confinement requirements under subsection N, paragraph 2 of this section.
P. The court shall terminate a prisoner's participation in the home detention or continuous alcohol monitoring program and shall require the prisoner to complete the remaining term of the jail sentence by jail confinement if either:
1. The prisoner fails to successfully complete a court ordered alcohol or drug screening, counseling, education and treatment program pursuant to subsection N, paragraph 4, subdivision (c) of this section or section 28‑1381, subsection J K or L M.
2. If placed under home detention, the prisoner leaves the premises during a time that the prisoner is ordered to be on the premises without permission of the court or supervising authority.
Q. At any other time the court may terminate a prisoner's participation in the home detention or continuous alcohol monitoring program and require the prisoner to complete the remaining term of the jail sentence by jail confinement.
R. The sheriff may terminate a program established pursuant to this section at any time.
Sec. 4. Section 28-1381, Arizona Revised Statutes, is amended to read:
28-1381. Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; classification
A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:
1. While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree.
2. If the person has an alcohol concentration of 0.08 or more within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle.
3. While there is any drug defined in section 13‑3401 or its metabolite in the person's body.
4. If the vehicle is a commercial motor vehicle that requires a person to obtain a commercial driver license as defined in section 28‑3001 and the person has an alcohol concentration of 0.04 or more.
B. It is not a defense to a charge of a violation of subsection A, paragraph 1 of this section that the person is or has been entitled to use the drug under the laws of this state.
C. A person who is convicted of a violation of this section is guilty of a class 1 misdemeanor.
D. A person using a drug as prescribed by a medical practitioner licensed pursuant to title 32, chapter 7, 11, 13 or 17 is not guilty of violating subsection A, paragraph 3 of this section.
E. In any prosecution for a violation of this section, the state shall allege, for the purpose of classification and sentencing pursuant to this section, all prior convictions of violating this section, section 28‑1382 or section 28‑1383 occurring within the past thirty‑six months, unless there is an insufficient legal or factual basis to do so.
F. At the arraignment, the court shall inform the defendant that if the state alleges a prior conviction the defendant may request a trial by jury and that the request, if made, shall be granted.
G. In a trial, action or proceeding for a violation of this section or section 28‑1383 other than a trial, action or proceeding involving driving or being in actual physical control of a commercial vehicle, the defendant's alcohol concentration within two hours of the time of driving or being in actual physical control as shown by analysis of the defendant's blood, breath or other bodily substance gives rise to the following presumptions:
1. If there was at that time 0.05 or less alcohol concentration in the defendant's blood, breath or other bodily substance, it may be presumed that the defendant was not under the influence of intoxicating liquor.
2. If there was at that time in excess of 0.05 but less than 0.08 alcohol concentration in the defendant's blood, breath or other bodily substance, that fact shall not give rise to a presumption that the defendant was or was not under the influence of intoxicating liquor, but that fact may be considered with other competent evidence in determining the guilt or innocence of the defendant.
3. If there was at that time 0.08 or more alcohol concentration in the defendant's blood, breath or other bodily substance, it may be presumed that the defendant was under the influence of intoxicating liquor.
H. In a trial, action or proceeding for a violation of this section, it is presumed that the defendant is under the influence and impaired by marijuana if the defendant has a blood concentration of 2.0 nanograms per milliliter or more of tetrahydrocannabinol within two hours of the time of driving or being in actual physical control as shown by analysis of the defendant's blood.
H. I. Subsection Subsections G and H of this section does do not limit the introduction of any other competent evidence bearing on the question of whether or not the defendant was under the influence of intoxicating liquor or tetrahydrocannabinol.
I. J. A person who is convicted of a violation of this section:
1. Shall be sentenced to serve not less than ten consecutive days in jail and is not eligible for probation or suspension of execution of sentence unless the entire sentence is served.
2. Shall pay a fine of not less than two hundred fifty dollars.
3. May be ordered by a court to perform community restitution.
4. Shall pay an additional assessment of five hundred dollars to be deposited by the state treasurer in the prison construction and operations fund established by section 41‑1651. This assessment is not subject to any surcharge. If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer. The city or county treasurer shall transmit the monies received to the state treasurer.
5. Shall pay an additional assessment of five hundred dollars to be deposited by the state treasurer in the public safety equipment fund established by section 41‑1723. This assessment is not subject to any surcharge. If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer. The city or county treasurer shall transmit the monies received to the state treasurer.
6. Shall be required by the department, on report of the conviction, to equip any motor vehicle the person operates with a certified ignition interlock device pursuant to section 28‑3319. In addition, the court may order the person to equip any motor vehicle the person operates with a certified ignition interlock device for more than twelve months beginning on the date of reinstatement of the person's driving privilege following a suspension or revocation or on the date of the department's receipt of the report of conviction, whichever occurs later. The person who operates a motor vehicle with a certified ignition interlock device under this paragraph shall comply with article 5 of this chapter.
J. K. Notwithstanding subsection I J, paragraph 1 of this section, at the time of sentencing the judge may suspend all but one day of the sentence if the person completes a court ordered alcohol or other drug screening, education or treatment program. If the person fails to complete the court ordered alcohol or other drug screening, education or treatment program and has not been placed on probation, the court shall issue an order to show cause to the defendant as to why the remaining jail sentence should not be served.
K. L. If within a period of eighty-four months a person is convicted of a second violation of this section or is convicted of a violation of this section and has previously been convicted of a violation of section 28‑1382 or 28‑1383 or an act in another jurisdiction that if committed in this state would be a violation of this section or section 28‑1382 or 28‑1383, the person:
1. Shall be sentenced to serve not less than ninety days in jail, thirty days of which shall be served consecutively, and is not eligible for probation or suspension of execution of sentence unless the entire sentence has been served.
2. Shall pay a fine of not less than five hundred dollars.
3. Shall be ordered by a court to perform at least thirty hours of community restitution.
4. Shall have the person's driving privilege revoked for one year. The court shall report the conviction to the department. On receipt of the report, the department shall revoke the person's driving privilege and shall require the person to equip any motor vehicle the person operates with a certified ignition interlock device pursuant to section 28‑3319. In addition, the court may order the person to equip any motor vehicle the person operates with a certified ignition interlock device for more than twelve months beginning on the date of reinstatement of the person's driving privilege following a suspension or revocation or on the date of the department's receipt of the report of conviction, whichever occurs later. The person who operates a motor vehicle with a certified ignition interlock device under this paragraph shall comply with article 5 of this chapter.
5. Shall pay an additional assessment of one thousand two hundred fifty dollars to be deposited by the state treasurer in the prison construction and operations fund established by section 41‑1651. This assessment is not subject to any surcharge. If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer. The city or county treasurer shall transmit the monies received to the state treasurer.
6. Shall pay an additional assessment of one thousand two hundred fifty dollars to be deposited by the state treasurer in the public safety equipment fund established by section 41‑1723. This assessment is not subject to any surcharge. If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer. The city or county treasurer shall transmit the monies received to the state treasurer.
L. M. Notwithstanding subsection K L, paragraph 1 of this section, at the time of sentencing, the judge may suspend all but thirty days of the sentence if the person completes a court ordered alcohol or other drug screening, education or treatment program. If the person fails to complete the court ordered alcohol or other drug screening, education or treatment program and has not been placed on probation, the court shall issue an order to show cause as to why the remaining jail sentence should not be served.
M. N. In applying the eighty-four month provision of subsection K L of this section, the dates of the commission of the offense shall be the determining factor, irrespective of the sequence in which the offenses were committed.
N. O. A second violation for which a conviction occurs as provided in this section shall not include a conviction for an offense arising out of the same series of acts.
O. P. After completing forty-five days of the revocation period prescribed by subsection K L of this section, a person whose driving privilege is revoked for a violation of this section and who is sentenced pursuant to subsection K L of this section is eligible for a special ignition interlock restricted driver license pursuant to section 28‑1401.
Sec. 5. Section 28-1387, Arizona Revised Statutes, is amended to read:
28-1387. Prior convictions; alcohol or other drug screening, education and treatment; license suspension; supervised probation; civil liability; procedures
A. The court shall allow the allegation of a prior conviction or any other pending charge of a violation of section 28‑1381, 28‑1382 or 28‑1383 or an act in another jurisdiction that if committed in this state would be a violation of section 28‑1381, 28‑1382 or 28‑1383 filed twenty or more days before the date the case is actually tried and may allow the allegation of a prior conviction or any other pending charge of a violation of section 28‑1381, 28‑1382 or 28‑1383 or an act in another jurisdiction that if committed in this state would be a violation of section 28‑1381, 28‑1382 or 28‑1383 filed at any time before the date the case is actually tried if this state makes available to the defendant when the allegation is filed a copy of any information obtained concerning the prior conviction or other pending charge. Any conviction may be used to enhance another conviction irrespective of the dates on which the offenses occurred within the eighty‑four month provision. For the purposes of this article, an order of a juvenile court adjudicating a person delinquent is equivalent to a conviction.
B. In addition to any other penalties prescribed by law, the judge shall order a person who is convicted of a violation of section 28‑1381, 28‑1382 or 28‑1383 to complete alcohol or other drug screening that is provided by a facility approved by the department of health services or a probation department. If a judge determines that the person requires further alcohol or other drug education or treatment, the person may be required pursuant to court order to obtain alcohol or other drug education or treatment under the court's supervision from an approved facility. The judge may review an education or treatment determination at the request of the state, the defendant or the probation officer or on the judge's initiative. The person shall pay the costs of the screening, education or treatment unless, after considering the person's ability to pay all or part of the costs, the court waives all or part of the costs. If a person is referred to a screening, education or treatment facility, the facility shall report to the court whether the person has successfully completed the screening, education or treatment program. The court may accept evidence of a person's completion of alcohol or other drug screening pursuant to section 28‑1445 as sufficient to meet the requirements of this section or section 28‑1381, 28‑1382 or 28‑1383 or may order the person to complete additional alcohol or other drug screening, education or treatment programs. If a person has previously been ordered to complete an alcohol or other drug screening, education or treatment program pursuant to this section, the judge shall order the person to complete an alcohol or other drug screening, education or treatment program unless the court determines that alternative sanctions are more appropriate.
C. After a person who is sentenced pursuant to section 28‑1381, subsection I J has served twenty‑four consecutive hours in jail or after a person who is sentenced pursuant to section 28‑1381, subsection K L or section 28‑1382, subsection D or E has served forty‑eight consecutive hours in jail and after the court receives confirmation that the person is employed or is a student, the court shall provide in the sentence that the defendant, if the defendant is employed or is a student and can continue the defendant's employment or schooling, may continue the employment or schooling for not more than twelve hours a day nor more than six days a week, unless the court finds good cause to not allow the release and places those findings on the record. The person shall spend the remaining day, days or parts of days in jail until the sentence is served and shall be allowed out of jail only long enough to complete the actual hours of employment or schooling.
D. Unless the license of a person convicted under section 28‑1381 or 28‑1382 has been or is suspended pursuant to section 28‑1321 or 28‑1385, the department on receipt of the abstract of conviction of a violation of section 28‑1381 or 28‑1382 shall suspend the license of the affected person for not less than ninety consecutive days.
E. When the department receives notification that the person meets the criteria provided in section 28‑1385, subsection G, the department shall suspend the driving privileges of the person for not less than thirty consecutive days and shall restrict the driving privileges of the person for not less than sixty consecutive additional days to travel between any of the following:
1. The person's place of employment and residence and during specified periods of time while at employment.
2. The person's place of residence and the person's secondary or postsecondary school, according to the person's employment or educational schedule.
3. The person's place of residence and a screening, education or treatment facility for scheduled appointments.
4. The person's place of residence and the office of the person's probation officer for scheduled appointments.
F. If a person is placed on probation for violating section 28‑1381 or 28‑1382, the probation shall be supervised unless the court finds that supervised probation is not necessary or the court does not have supervisory probation services.
G. Any political subdivision processing or using the services of a person ordered to perform community restitution pursuant to section 28‑1381 or 28‑1382 does not incur any civil liability to the person ordered to perform community restitution as a result of these activities unless the political subdivision or its agent or employee acts with gross negligence.
H. If a person fails to complete the community restitution ordered pursuant to section 28-1381, subsection K L or section 28-1382, subsection E, the court may order alternative sanctions if the court determines that alternative sanctions are more appropriate.
I. Except for another violation of this article, the state shall not dismiss a charge of violating any provision of this article unless there is an insufficient legal or factual basis to pursue that charge.
Sec. 6. Section 28-1401, Arizona Revised Statutes, is amended to read:
28-1401. Special ignition interlock restricted driver licenses; application fee
A. A person whose class D or class G license has been suspended pursuant to section 28-1385 or suspended or revoked for a first refusal pursuant to section 28‑1321, a second violation of section 28-1381 or 28-1382 or a first violation of section 28‑1383, subsection A, paragraph 3 may apply to the department for a special ignition interlock restricted driver license that allows a person to operate a motor vehicle during the period of suspension or revocation subject to the restrictions prescribed in section 28‑1402 and the certified ignition interlock device requirements prescribed in article 5 of this chapter if the person's privilege to operate a motor vehicle has been suspended or revoked due to an alcohol related offense pursuant to any of the following:
1. Section 28-1321, if the person meets the criteria of section 28‑1321, subsection P.
2. Section 28-1381, if the person meets the criteria of section 28‑1381, subsection O P and the person presents evidence that is satisfactory to the director and that shows that the person has completed the requirements prescribed in section 28-1387, subsection B.
3. Section 28-1382, if the person meets the criteria of section 28‑1382, subsection H and the person presents evidence that is satisfactory to the director and that shows that the person has completed the requirements prescribed in section 28-1387, subsection B.
4. Section 28-1383, if the person meets the criteria of section 28‑1383, subsection K and the person presents evidence that is satisfactory to the director and that shows that the person has completed the requirements prescribed in section 28-1387, subsection B.
5. Section 28-1385, if the person meets the criteria of section 28‑1385, subsection G.
B. An applicant for a special ignition interlock restricted driver license shall pay an application fee in an amount to be determined by the director.
C. The department shall issue a special ignition interlock restricted driver license during the period of a court ordered restriction pursuant to sections 28‑3320 and 28‑3322 subject to the restrictions prescribed in section 28‑1402 and the certified ignition interlock requirements prescribed in article 5 of this chapter.
D. If the department issues a special ignition interlock restricted driver license, the department shall not delete a suspension or revocation from its records.
E. The granting of a special ignition interlock restricted driver license does not reduce or eliminate the required use of an ignition interlock device pursuant to section 28‑3319.
F. The department shall make a notation on a special ignition interlock restricted driver license that is issued to a person who is placed in a continuous alcohol monitoring program pursuant to section 28-3319, subsection I J.
Sec. 7. Section 28-3319, Arizona Revised Statutes, is amended to read:
28-3319. Action after license suspension, revocation or denial for driving under the influence or refusal of test; ignition interlock device requirement; definition
A. If, pursuant to section 28‑1321, 28‑1381, 28‑1382, 28‑1383, 28‑3320 or 28‑3322, the license of a driver or the driving privilege of a nonresident is suspended or revoked, the department shall not terminate the suspension or revocation or issue a special ignition interlock restricted driver license, if applicable, pursuant to chapter 4, article 3.1 of this title until the person provides proof of financial responsibility pursuant to chapter 9, article 3 of this title.
B. If, pursuant to section 28‑1321, 28‑1381, 28‑1382, 28‑1383, 28‑3320 or 28‑3322, an unlicensed resident is denied a license or permit to operate a motor vehicle, the department shall not issue a license or permit until the person provides proof of financial responsibility pursuant to chapter 9, article 3 of this title.
C. If a person whose license or driving privilege is suspended or revoked pursuant to section 28‑1321, 28‑1381, 28‑1382, 28‑1383 or 28-1385 is ordered, pursuant to section 28‑1381, 28‑1382, 28‑1383 or 28-1385, to attend alcohol or other drug screening, education or treatment, the department shall not either:
1. Terminate the suspension or issue a special ignition interlock restricted driver license, if applicable, pursuant to chapter 4, article 3.1 of this title until the person provides proof from the treatment facility that the person has completed or is participating satisfactorily in alcohol or other drug screening, education or treatment.
2. Issue a new license or a special ignition interlock restricted driver license, if applicable, pursuant to chapter 4, article 3.1 of this title to operate a motor vehicle after the revocation until the person provides proof from the facility that the person has completed the court ordered program.
D. Except as provided in subsection G of this section, on receipt of a report of conviction from a court, the department shall require any motor vehicle the convicted person operates to be equipped with a functioning certified ignition interlock device and the convicted person to meet the requirements prescribed in section 28‑1461 as follows:
1. For twelve months if:
(a) Except as provided in subsection H of this section, the person is convicted of a violation of section 28‑1381, section 28‑1382, subsection A, paragraph 1 or section 28‑1383, subsection A, paragraph 3, subdivision (a).
(b) The department determines that within a period of eighty‑four months the person is convicted of a second or subsequent violation of section 28‑1381 or section 28-1382, subsection A, paragraph 1 with a prior conviction of a violation of section 28‑1381, 28‑1382 or 28‑1383 or an act in another jurisdiction that if committed in this state would be a violation of section 28‑1381, 28‑1382 or 28‑1383.
2. For eighteen months if the person is convicted of a violation of section 28‑1382, subsection A, paragraph 2.
3. For twenty-four months if:
(a) The person is convicted of a violation of section 28‑1382, subsection A, paragraph 2 and the department determines that within a period of eighty-four months the person has a prior conviction of a violation of section 28‑1381, 28‑1382 or 28‑1383 or an act in another jurisdiction that if committed in this state would be a violation of section 28‑1381, 28‑1382 or 28‑1383.
(b) The person is convicted of a violation of section 28‑1383, subsection A, paragraph 1, 2 or 4 or paragraph 3, subdivision (b).
E. The requirement prescribed in subsection D of this section begins on the date of reinstatement of the person's driving privilege following a suspension or revocation or on the date of the department's receipt of the report of conviction, whichever occurs later.
F. A person who is required to equip a motor vehicle with a certified ignition interlock device pursuant to this section shall comply with chapter 4, article 5 of this title.
G. The department shall remove the requirement that the person maintain a functioning certified ignition interlock device if the person is only convicted of a violation of section 28-1381, subsection A, paragraph 3 and completes alcohol or other drug screening required pursuant to section 28‑1387 and the court determines that no alcohol education or treatment is required.
H. The department shall defer the remainder of the time period prescribed in subsection D, paragraph 1, subdivision (a) of this section commencing with the later of six months from the date the interlock was installed or the completion of the requirements of this subsection if all of the following apply:
1. The person is sentenced pursuant to section 28‑1381, subsection I J.
2. The person successfully completes an alcohol education program consisting of at least sixteen hours pursuant to section 28‑1381.
3. The person has maintained a functioning ignition interlock device on all motor vehicles the person operates and has met the requirements of section 28‑1461.
4. The person has not attempted to operate a vehicle with an alcohol concentration of 0.08 or more two or more times during the period of license restriction or limitation.
5. At the time of the offense, the person was not involved in a motor vehicle accident that resulted in physical injury or property damage.
6. All necessary compliance information has been provided to the department by the ignition interlock device provider, the alcohol screening program and the alcohol education program.
I. The deferment pursuant to subsection H of this section is permanent, unless the person is arrested for a violation of section 28‑1381, 28‑1382 or 28‑1383 that occurs during the period of the deferment. If the person is arrested as described in this subsection, the department shall revoke the deferment and require the person to complete the remainder of the time period prescribed in subsection D, paragraph 1, subdivision (a) of this section.
J. On a showing of sufficient medical evidence or an employment requirement, the department may allow a person who is unable to operate an ignition interlock device to be placed in a continuous alcohol monitoring program instead of equipping any motor vehicle the person operates with an ignition interlock device. The person shall bear the cost of all testing, monitoring and enrollment in the continuous alcohol monitoring program. A person who is placed in a continuous alcohol monitoring program pursuant to this subsection shall remain in the program for the same amount of time the person is required to maintain an ignition interlock device. During the period of continuous alcohol monitoring the person shall be tested at a minimum once a day for the use of alcoholic beverages by a scientific method that is chosen by the director. If the person tests positive for alcohol two times, the department shall discontinue the continuous alcohol monitoring and require the person to install a certified ignition interlock device as otherwise provided by law.
K. For the purposes of this section, "certified ignition interlock device" has the same meaning prescribed in section 28‑1301.
