Arizona-2017-SB1088-Introduced

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 28-672, Arizona Revised Statutes, is amended to read:

START_STATUTE28-672. Causing serious physical injury or death by a moving violation; time limitation; penalties; classification; definitions

A. A person is guilty of causing serious physical injury or death by a moving violation if the person violates does any one of the following and the violation that results in an accident a collision causing serious physical injury or death to another person:

1. Violates section 28‑645, subsection A, paragraph 3, subdivision (a).

2. Violates section 28‑729.

3. Violates section 28‑771.

4. Violates section 28‑772.

5. Violates section 28‑773.

6. Violates section 28‑792.

7. Violates section 28‑794.

8. Violates section 28‑797, subsection F, G, H or I.

9. Violates section 28‑855, subsection B.

10. Violates section 28‑857, subsection A.

11. Operates a motor vehicle while using a wireless communication device to manually type, send, read or enter a written or visual communication, including a text message, an instant message, an e‑mail or a communication on social media. This paragraph does not apply if the motor vehicle is an authorized emergency or law enforcement vehicle and is operated within the course and scope of the person's emergency or law enforcement duties.

B. A person who violates this section shall attend and successfully complete traffic survival school educational sessions that are designed to improve the safety and habits of drivers and that are approved by the department. In addition, the court may order the person to perform community restitution.

C. The court shall report a conviction for a violation of this section to the department and:

1. For a first violation of this section, may direct the department to suspend the person's driving privilege for not more than ninety days if the violation results in serious physical injury and not more than one hundred eighty days if the violation results in death.

2. For a second or subsequent violation of this section within a period of thirty‑six months, shall direct the department to suspend the person's driving privilege for ninety days if the violation results in serious physical injury and one hundred eighty days if the violation results in death.

D. If a person's driving privilege is suspended pursuant to any other statute because of an incident involving a violation of this section, the suspension period prescribed in subsection C of this section shall run concurrently with the other suspension period.

E. If a person fails to successfully complete traffic survival school educational sessions or perform community restitution pursuant to this section, the court shall notify the department and the department shall promptly suspend the driver license or permit of the driver or the privilege of a nonresident to drive a motor vehicle in this state until the order is satisfied.

F. If the person who suffers serious physical injury as a result of a violation of this section appears before the court in which the action is pending at any time before trial and acknowledges receipt of satisfaction for the injury, on payment of the costs incurred, the court shall order that the prosecution be dismissed and the defendant be discharged.� The reasons for the order shall be set forth and entered of record, and the order shall be a bar to another prosecution for the same offense.

G. Restitution awarded pursuant to section 13‑603 as a result of a violation of this section shall not exceed ten thousand dollars.

H. A prosecution for a violation of this section must be commenced within two years after actual discovery of the offense by the state or the political subdivision having jurisdiction or discovery by the state or the political subdivision that should have occurred with the exercise of reasonable diligence, whichever first occurs.

I. A person who violates this section is guilty of a class 3 misdemeanor, except that if the violation results in the death of another person the maximum fine for the person shall be one thousand dollars.

J. For the purposes of this section: ,

1. "Serious physical injury" has the same meaning prescribed in section 13‑105.

2. "Wireless communication device":

(a) Means a wireless telephone, a text messaging device, a personal digital assistant, a laptop or any other substantially similar communications device that is readily removable from a vehicle and that is used to write, send or read text, data or images through manual input.

(b) does not include any of the following:

(i) devices that are used for global positioning or navigation services.

(ii) systems or devices that are physically or electronically integrated into a vehicle.

(iii) citizens band radios, citizens band radio hybrids and commercial two‑way radio communication devices.

(iv) electronic communication devices with a push‑to‑talk function. END_STATUTE

Sec. 2. Section 28-676, Arizona Revised Statutes, is amended to read:

START_STATUTE28-676. Causing serious physical injury by use of a vehicle; classification; definition

A. A person is guilty of causing serious physical injury by use of a vehicle if all of the following apply:

1. The person is not allowed to operate a motor vehicle pursuant to subsection B of this section.

2. While operating a motor vehicle, the person causes serious physical injury as defined in section 13‑105 to another person.

3. The person commits a violation of does any of the following:

(a) Violates section 28‑645, subsection A, paragraph 3, subdivision (a).

(b) Violates section 28‑729.

(d) Violates section 28‑772.

(e) Violates section 28‑773.

(f) Violates section 28‑792.

(g) Violates section 28‑794.

(h) Violates section 28‑797, subsection F, G, H or I.

(i) Violates section 28‑855, subsection B.

(j) Violates section 28‑857, subsection A.

(k) Operates a motor vehicle while using a wireless communication device to manually type, send, read or enter a written or visual communication, including a text message, an instant message, an e‑mail or a communication on social media. This subdivision does not apply if the motor vehicle is an authorized emergency or law enforcement vehicle and is operated within the course and scope of the person's emergency or law enforcement duties.

B. For the purposes of this section, a person shall not operate a motor vehicle if any of the following applies:

1. The person's driving privilege is revoked for any reason.

2. The person's driving privilege is suspended for any reason pursuant to chapter 4, article 3 of this title.

3. The person's driving privilege is suspended pursuant to section 28‑1321.

4. The person's driving privilege is suspended pursuant to the department's action based on a previous conviction for a violation of section 28‑3473.

5. The person's driving privilege is suspended pursuant to section 28‑3306, subsection A.

6. The person's driving privilege is suspended pursuant to section 28‑3308 and the person has had one or more previous suspensions pursuant to that section.

7. The person does one of the following to obtain a driver license:

(a) Knowingly uses a false or fictitious name.

(b) Knowingly makes a false statement.

(d) Commits fraud.

(e) Violates section 28‑3479.

8. The person does not have a valid driver license and a proper endorsement, if required, as prescribed by chapter 8 of this title and the person is not exempt pursuant to chapter 8 of this title.

C. Causing serious physical injury by use of a vehicle is a class 5 felony.

D. for the purposes of this section, "wireless communication device":

1. means a wireless telephone, a text messaging device, a personal digital assistant, a laptop or any other substantially similar communications device that is readily removable from a vehicle and that is used to write, send or read text, data or images through manual input.

2. does not include any of the following:

(a) devices that are used for global positioning or navigation services.

(b) systems or devices that are physically or electronically integrated into a vehicle.

(d) electronic communication devices with a push‑to‑talk function. END_STATUTE